IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.3071 of 2024

Bhagirathi Majhi ..... Petitioner

Represented By Adv. -

M/s S.B. Mohanty

-versus-

Dr. Sudhanshu Sarangi, ..... Opposite D.G. Civil Aviation and Parties/Contemnors

Fire Service and another

Represented By Adv. – Smt.

Sasmita Nayak, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

Order No. ORDER

09.01.2026

17.

1. This matter is taken up through Hybrid Arrangement (Virtual

/Physical Mode).

2. On perusal of the report, it appears that the W.P.(C) No.3715 of 2016 was disposed of vide judgment dated 23.12.2022. The writ petition of the petitioners were allowed and the memo No.5787 dated 02.06.2015 issued by the Commandant General, Home Guards, Odisha as well as the police circular 2 of 2016 were quashed and further direction was given to consider the case of the petitioner in the light of the order passed by a Coordinate Bench and in view of the police circular order 2 of 2016, subject to availability of vacancies and to give the petitioners appointment immediately. A specific direction was given to the Commandant, Home Guards, Rayagada-Opposite Party No.2 to carry out the order within a period

of four weeks from the date of judgment.

3. Learned counsel for the Opposite Parties-Contemnors submitted documents in Court today i.e. a copy of the letter dated 10.12.2025 and a copy of the proceeding of the Review Board held on 04.07.2025.

4. On perusal of the proceeding of the Review Board held on 04.07.2025, it appears that Review Board Meeting was held pursuant to the direction of this Court in W.P.(C) No.3715 of 2016, which was disposed of vide judgment dated 23.12.2022.

5. On perusal of the Minutes of the Review Board proceeding dated 04.07.2025, it appears that the Review Board has resolved to conduct a review for the re-enrolment of the petitioners as Home Guards, which includes verification of their previous performance and assessment of physical fitness and medical suitability.

6. On a careful consideration of the Minutes of the Review Board Meeting dated 04.07.2025, this Court is of the view that the Review Board has acted as an Appellate Authority of this Court. Even though the State has not preferred any Writ Appeal and the judgment dated 23.12.2022 passed by this Court in W.P.(C) No.3715 of 2016 has attained finality. The Review Board has, instead of implementing the order passed by this Court, acted as the Appellate Authority of this Court.

7. In such view of the matter, this Court is of the prima facie view that a clear case of violation of this Court’s order is well made out on the face of the documents. As such, the Opposite Party No.2- appear in person before this Court on the next date and explain as to why he/she shall not be proceeded against under the Contempt of Court’s Act for wilful and deliberate violation of this Court’s order.

8. List this matter on 13.02.2026.

9. A free copy of this order be handed over to the learned counsel for the Contemnors for communication.

( A.K. Mohapatra )

Judge RKM Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Jan-2026 11:15:12