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Orissa High Court
Biswanath Beura vs Sushil Kumar Lohani on 12 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.946 of 2024
Biswanath Beura .... Petitioner
Mr. S.K. Dalai, Proxy Counsel
on behalf of Ms. J. Bhuyan, Advocate
-versus-
Sushil Kumar Lohani, ....
Opposite Parties/
I.A.S and another Contemnors
Mr. Bibekananda Nayak,
Additional Government Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
12.03.2026
Order No.
11. This matter is taken up through hybrid mode.
2. The present contempt proceeding has been initiated for
alleged flouting of judgment dated 11.09.2023 passed in W.P.(C)
No.12881 of 2020. The Operative portion of the said judgment,
being relevant, is reproduced below:
"16. It has been admitted in the Counter Affidavit that
the benefits like GPF, GIS and Unutilized Leave Salary
etc. have been released in favour of the Petitioner, which
is not disputed by the learned Counsel for the Petitioner.
Since the Petitioner at present is being paid provisional
pension, the authority concerned are directed to do the
needful to calculate and regularize the pension of the
Petitioner and pay him full pension. Apart from the same,
after adjusting the provisional pension already paid to
the Petitioner, the differential arrear pension till the date
of payment of regular pension be released in favour of the
Petitioner within a period of three months hence with 7%
interest. So far as the unpaid gratuity of the
Petitioner, the same be paid within the said period
of three months with 10% interest from the date it
became due till the date of actual payment."
(Emphasis supplied)
3. On 12.09.2025, a Compliance Affidavit has been filed by
the Opposite Party/alleged Contemnor No.1, namely, Sri Girish
S.N., Commissioner-cum-Secretary to Govt. of Odisha,
Panchayati Raj & Drinking Water Department.
4. Since an Objection was filed by the Petitioner disputing
the said Compliance Affidavit, the alleged Contemnor has also
filed his Reply in response to the said Objection filed by the
Petitioner. Paragraph Nos.5 & 6 of the said Reply Affidavit filed
by the alleged Contemnor, being relevant, are reproduced below:
5. That, Sub rule-5(a) of Rule-49 of OCS(P) Rules,
1992 states that : Where the sanction of payment of
gratuity is delayed for more than a year from the date it
is due under sub-rule (1) or (2) as the case may be, and
such delay is attributable to administrative lapses,
interest at the rate of 7 percent per annum for the period
beyond one year shall be payable on the amount of
gratuity.
Provided that where a departmental or Judicial
proceedings as the case may be, in respect of pensioner,
is continued or initiated under Rule-7, the gratuity shall
become payable on the date finalisation of such
proceedings and the period of one year shall be
reckoned from the date.
In the present case, the departmental proceeding
has been drawn against the petitioner Sri Beura, retired
ABDO, Niali Block vide this Department Memorandum
No.15328/PR. dated 29.07.2011 u/r-15 of OCS (CC&A)
Rules, 1962 r/w Rule-7 of OCS(P) Rules, 1992 for
commission of gross irregularities. The DO Shri Beura
having malafide intention allocated 08 nos. of Mo Kudia
to the ineligible people causing loss of Government
money worth of Rs.45,000/-x 8 = Rs.3,60,000/-.
In another case a departmental proceeding has
also been drawn against Sri Beura, ex-PA, Baranga
Block vide this Department Show cause Notice
No.13144/PR, dtd. l7.11.2004 under Rule- 16 of
OCS(CC&A) Rules, 1962 for commission of gross
irregularities. Thus, he has been charged with gross
negligence & dereliction in duties, gross
misconduct and misappropriation of Rs.5,000/- of
Government money.
Hence, total loss to the Government in above 02 DP
cases is = Rs.3,60,000.00 + Rs.5,000.00 =
Rs.3,65,000.00.
The Hon'ble Court vide order dtd.l1.09.2023 in
WP(C) No. 12881/2020 has set aside the Order
No.7076/PR, dtd.25.04.2016 of the Commissioner-Cum-
Secretary to Government, PR Department in order to
dispose of the order of the Hon'ble OAT, Bhubaneswar
in OA No.3287/2015 filed by Biswanath Beura, where
the prayer of the petitioner was for release of his
pensionary benefits in his favour which has been
rejected due to pending of two no's of proceeding
against him. The Hon'ble Court has not set aside the
proceeding case in the order dtd.11.09.2023.
Accordingly, as per the order dtd. 11.09.2023 of
the Hon'ble Court, the Order No.7076/PR,
dtd.25.04.2016 of the Commissioner-cum-Secretary to
Government, PR Department has set aside but the
Hon'ble Court has not set aside the proceedings drawn
against the petitioner.
Accordingly, as per the order of the Hon'ble
Court, the interest amount for the period from
11.09.2023 to 05.05.2025 of Rs.50.925/- @10%
has already been paid to the petitioner.
6. That, the AG (A&E), Odisha, Bhubaneswar
has already released the amount of gratuity i.e.
Rs.3,05,550/- vide GPO Order dtd.05.05.2025 from
the date of due i.e. from 01.01.2011.
(Emphasis supplied)
5. As is revealed from the said Reply Affidavit filed by the
alleged Contemnor, though it has been admitted in paragraph-6
of the said Reply Affidavit that the gratuity became due with
effect from 01.01.2011 and accordingly, it was calculated and
paid vide GPO Order dated 05.05.2025 to the tune of
Rs.3,05,550/-, but a contradictory stand has been taken in
paragraph-5 of the said reply. As it seems from such
Response/Reply, on the plea of pendency of departmental
proceeding, which has attained finality, as detailed in the
judgment passed in W.P.(C) No.12881 of 2020, so also the writ
petition, instead of paying the interest in terms of the said
direction in W.P.(C) No.12881 of 2020 with effect from
01.01.2011, interest @10 % has been paid from the date of
judgment passed in W.P.(C) No.12881 of 2020, i.e., 11.09.2023,
till the date of payment ,i.e., 05.05.2025 .
6. Learned Counsel for the State, who represents the alleged
Contemnor, admits that no petition has been filed for reviewing
the judgment passed by this Court regarding the rate of interest
awarded by this Court on unpaid gratuity. Rather, the State has
acted in terms of the judgment passed by this Court.
7. Since there is an admission in paragraph-6 of the Reply
Affidavit that gratuity became due with effect from 01.01.2011
and has been paid accordingly in the meantime, the Opposite
Party No.1/alleged Contemnor is directed to act in terms of the
direction given vide the judgment dated 11.09.2023 passed in
W.P.(C) No.12881 of 2020, and file further compliance Affidavit
within two weeks hence failing which, he shall appear before
this Court in person on the adjourned date to explain as to why
action shall not be taken against him under the Contempt of
Courts Act, 1971 for partial willful flouting of the direction
given by this Court in W.P.(C) No.12881 of 2020.
8. The matter be listed on 9th April, 2026.
Mona
(S.K. MISHRA)
JUDGE
