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Pulls Up Cuttack Collector For Breach Of Over Committee Order
Cuttack, – The has pulled up the Collector and District Magistrate of Cuttack (now Kataka) for filing an interim application to modify a court-ordered , terming the move a breach of the “” of propriety.
A special of Justice Krushna Ram Mohapatra and Justice V. Narasingh, hearing a concerning the millennial city’s civic health, rejected the Collector’s attempt to superimpose his own design on the committee, warning that future such conduct would not be tolerated.
A City Built to Breathe, Not to Choke
The court had, on , constituted a committee headed by the Deputy Commissioner of Police (DCP), Kataka, to suggest ward-wise remedial measures for the city’s worsening traffic congestion. The committee included the Additional District Magistrate (ADM), the Deputy Commissioner of the , and an equivalent officer from the .
The order was clear: the committee was to ease traffic, ensure no obstruction on roads and drains, and prevent recurrence after removal.
When the matter came up for hearing on , the Collector, Dattatraya Bhausaheb Shinde, IAS, appeared in person and sought modification of that order through an . He argued that replacing the ADM with a Tahasildar would better serve the committee’s objective. In the alternative, he suggested that the entire task be handed over to the —a body he himself heads.
A Breach of the ‘’
The bench was visibly displeased. “The seeking substitution of the ADM by Tahasildar evidently labours under the misconception that this Court is not aware of hierarchical dispensation and functional efficacy of various authorities,” the court observed.
It noted that it had consciously chosen the ADM as the district administration’s representative because of his superior rank and effectiveness. The court added that the of 2011, headed by the Commissioner of Police, was in a state of “suspended animation” and congestion had reached alarming proportions.
“This Court notes with consternation and dismay the suggestion given by the to replace the committee wholesale by the . Such a suggestion begs the question, if the is even remotely functional, why are the roads of this ancient City and the highways leading to it in such an abysmal condition, resulting in mishaps and accidents every single day?” the bench asked.
The Bard and the Bible: Court Cites Shakespeare and Scripture
The Collector could not justify his proposal, the court noted. “The , despite his persuasive eloquence, could not justify how he can suggest to this Court what committee should or should not be there, and that too to substitute a committee constituted by this Court with a committee headed by himself. The more he tried to justify, the more unjustifiable it became. To borrow from the Bard, ‘The lady doth protest too much, methinks’ – Hamlet (Act III, Scene II). The justification itself became the loudest admission of the error.”
The court further observed that the Collector was, in the , acting as an appellate authority over its own order. “The aforesaid suggestion for replacement of the committee by the is, therefore, presumptuous and amounts to breach of the ‘’ of propriety.”
Taking a lenient view, the court refrained from passing any penal order but expressed its dismay, quoting Luke 23:34: “Father, forgive them; for they know not what they do.”
It added, “Yet restraint must not be misunderstood. What has been done does not have the approval of this Court, what is attempted shall not be repeated.”
Order and Future Direction
The bench rejected the as “patently misconceived” and directed the Collector to notify the ADM as a member of the committee forthwith, with compliance to be reported by .
“It shall be open for the Committee so constituted and headed by DCP, Kataka to take assistance of all the stakeholders in suggesting and enforcing remedial measures,” the court said.
The matter has been listed for further hearing on , with the Collector’s personal appearance dispensed with for now. The court also ordered that a copy of this order be communicated to the Chief Secretary of the State, Mrs. Anu Garg, IAS, for her information.
Other Directions in the PIL
The day’s hearing also covered a raft of other issues related to the , Cuttack, and the city’s infrastructure.
- Digital Display Boards at SCBMCH: The court noted an affidavit from the stating that digital display boards for medicine stock at SCB would be operational by . The matter will be reviewed on .
- Open Heart Surgery (CTVS): The court recorded that a second unit of CTVS has been made operational and posts for Professor, Associate Professor, Assistant Professor, and Senior Resident have been created. Steps for temporary arrangements for assistant professor and senior resident posts are to be taken. Next hearing: .
- Trauma Care Centre Repairs: The court expressed concern over the delay by the in granting permission for repairs to the Trauma Care Centre-ICU. The Secretary of the has been directed to appear in person on .
- Hygiene at Food Court, Barabati Stadium: Taking serious note of unhygienic conditions at the food court opposite Barabati Stadium, the court directed the KMC and district administration to clean the area and take action against errant vendors. An affidavit with before-after photographs is to be filed by .
- Garbage Lifting at Krushak Bazar: The court was informed of lapses in twice-daily garbage lifting at the fish market. A joint affidavit from the sanitary inspector and the contracting agency is to be filed by .
- Augmentation of Super Specialty Posts: The court noted that the had concurred to the creation of 152 super specialty posts across medical colleges and hospitals in the state. The has been directed to file an affidavit on follow-up action within eight weeks.
- Other Matters: Updates on procurement of high-end equipment, fire safety infrastructure, night shelters, newborn care units, and the status of CBNAAT machines were also noted.
The court expressed profound appreciation for the members of the Advocates’ Committee who inspected the Obstetrics and Gynaecology ward at SCBMCH, terming their report a “mirror to our collective conscience”.
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Counsel for the Petitioner: ; ; ; and others.
Counsel for the State: .
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