Debasis Lenka & Others vs Dr. Dillip Kumar Jena on 26 March, 2026

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CONTC No.3100 of 2024

                 Debasis Lenka & others          ....         Petitioners

                                             Mr. Pratik Dash, Advocate

                                     -versus-
                 Dr. Dillip Kumar Jena,       ....       Opposite Party/
                 Superintendent, Leprosy                   Contemnor
                 Home & Hospital, Cuttack

                                        Mr. Siba Narayan Biswal, ASC

                  CORAM: JUSTICE SANJAY KUMAR MISHRA

                                     ORDER

26.03.2026 Order No.

11. This matter is taken up through hybrid mode.

2. Pursuant to order dated 12.03.2026, Dr. Dillip Kumar Jena, the alleged Contemnor, is physically present in the Court being accompanied by Mr. P.T. Ganesh Sahoo, the I.I.C, CRI Police Station, as this Court, vide the said order , requested the Deputy Commissioner of Police, Cuttack to ensure presence of the Opposite Party-alleged Contemnor today before this Court.

3. As is ascertained from the record, an Affidavit has been filed by the alleged Contemnor on 12.03.2026, i.e., the last date, on which a detailed order was passed for physical presence of the alleged Contemnor before this Court today at 2:00 P.M. Paragraph Nos.4 to 6 of the said order dated 12.03.2026, being relevant, are reproduced below:-

"4. Mr. Dash, learned Counsel for the Petitioners further submits, the Opposite Party/ alleged Contemnor is in the habit of defying the orders passed by this Court. Earlier also, vide order dated 13.05.2024, a direction was given to file Show Cause Affidavit within a period of four weeks w.e.f. 13.05.2024 and thereafter, vide order dated 28.07.2025, further two weeks' time was granted to the Opposite Party/alleged Contemnor to file the Show Cause Affidavit. Instead of filing the Show Cause Affidavit within two weeks w.e.f 28.07.2025, Show Cause Affidavit was filed just one day before listing of the matter, i.e., on 18.08.2025. Neither any application was filed for acceptance of Show Cause filed beyond the extended period, nor the Opposite Party remained present in the Court in terms of order dated 28.07.2025. Such conduct of the Opposite Party/alleged Contemnor is further contemptuous and in complete disregard to the orders passed by this Court from time to time.

5. A query being made as to the reason of absence of the Opposite Party/alleged Contemnor, Mr. Mishra, learned ASC, who is assisting Mr. Nayak, learned AGA submits, since the Opposite Party did not file his Response within the extended period, despite repeated request and instruction to the Opposite Party/ alleged Contemnor to ensure his presence today before this Court, he did not bother to act in terms of such instruction/request.

6. Hence, this Court is of prima facie view that such conduct of the Opposite Party/ alleged Contemnor is contemptuous. The Opposite Party namely, Dr. Dillip Kumar Jena is directed to remain physically present before this Court on 26th March, 2026 at 2:00 P.M."

(Emphasis supplied)

4. A repeated query being made as to when he last came to this Court, the alleged Contemnor did not answer to such query. However, the Affidavit dated 12.03.2026 was confronted to Dr. Dillip Kumar Jena, the alleged Contemnor in the Court. After going through the same, he admitted that the signature appearing in the said Affidavit dated 12.03.2026 belongs to him. However, the alleged Contemnor states that he never came to this Court on 12.03.2026 to swear the said Affidavit. He further states before this Court that on 12.03.2026 being an off day for him, he was at his residence, which is situated at Meria Bazar, Cuttack, nearer to this Court .

5. Further, as is revealed from the Affidavit filed by the Opposite Party-alleged Contemnor dated 12.03.2026, he has admitted that though the interim order was passed by this Court on 16.04.2024, since letter had already been issued in favour of the Self Help Group to provide diet w.e.f 15.04.2024, the concerned SHG was permitted to supply diet w.e.f 17.04.2024 and the Petitioners were allowed to supply diet till 16.04.2024. Paragraph nos. 7 & 8 of the said Affidavit, being relevant, are reproduced below:-

"7. That in reply to para 8 of the Rejoinder Affidavit, it is humbly submitted that no such tender process has not been done for the year 2021-22, 2022-23, 2023-24. Hence the petitioner was allowed to supply diet till

16.04.2024. The present petitioner was selected during the tender process for the financial year 2020-21.

But pursuant to the Government Guideline, proceeding of meeting was held on 12.02.2024 and accordingly letter was issued to the Swasurpa Mahasangha (Self Help Group)

vide letter No.02.04.2024 (under Annexure-E) to supply diet w.e.f. 15.04.2024.

8. That so far as reply to para 9 and 10 of the Rejoinder Affidavit, the present deponent has no comments to offer.

However, much prior to interim order dated 16.04.2024, letter has already been issued to the Self Help Group to provide diet w.e.f. 15.04.2024 and accordingly, the Self Help Group concerned, has supplied diet w.e.f. 17.04.2024 as the petitioner was allowed to supply diet till 16.04.2024."

(Emphasis supplied)

6. Admittedly, no application was filed by the alleged Contemnor seeking variance of the order dated 16.04.2024 passed by this Court in I.A. 5037 of 2024 on the plea, as has been taken in the Reply to the Rejoinder Affidavit filed by the Petitioner. Rather, before passing the order dated 16.04.2024, vide order dated 15.04.2024, a query was made by this Court with the Petitioners' Counsel as to who is supplying the diets as on 15.04.2024.That apart, learned State Counsel was also directed to take instruction as to whether the Opposite Party No.7 (Self Help Group) has already started supplying the hospital diet to the Leprosy Home and Hospital, Cuttack, pursuant to its selection by the District Social Welfare Officer, Cuttack vide order dated 20.02.2024, so also Memo dated 27.03.2024 of the C.D.M.O., Cuttack.

7. Relevant paragraphs of Order No.1 dated 15.04.2024 and Order No.2 dated 16.04.2024 passed in W.P.(C) No.8855 of 2024 and I.A. No.5037 of 2024 are reproduced below:-

"ORDER 15.04.2024

5. Learned Counsel for the Petitioners submits, the impugned letter dated 02.04.2024 under Annexure-6 has been issued by the authority concerned when the Code of Conduct is in vogue.

6. A query being made, learned Counsel for the Petitioners submits, as per the instruction received, the Petitioner Nos.2 and 3 are supplying Bred, OMFED Milk, Goat Meat, Chicken, fish, egg, vegetable, Jeera, Dry Chilli, Haladi Powder, Mustard Oil and so far as Petitioner No.1, he is supplying rice, refine Oil, Jeera and Haladi etc., as detailed in the performance sheet dated 28.03.2023, as at Annexure-3 series, and the Petitioner No.1 supplied rice last on 12.04.2023.

7. Since the learned Counsel for the Petitioners presses for staying operation of letter dated 02.04.2024, as at Annexure-6, a query being made by this Court, the learned Counsel for the Petitioners is unable to apprise as to who is, at present, supplying the perishable items, as detailed above.

8. Learned A.S.C. for the State Opposite Party Nos.1 and 3 to 6 is directed to take instruction as to whether the Opposite Party No.7 (Self Help Group) has already started supplying the hospital diet to the Leprosy Home and Hospital, Cuttack, pursuant to its selection by the District Social Welfare Officer, Cuttack vide its order dated 20.02.2024 so also Memo dated 27.03.2024 of the C.D.M.O., Cuttack.

9. Learned A.S.C. for the State-Opposite Party Nos.1 and 3 to 6 is also directed to take instruction urgently as to the present status of supplying diet articles, including perishable articles, to the Leprosy Home and Hospital, Cuttack, as detailed above so also legality of the order dated 02.04.2024 issued during operation of Code of Conduct.

10. Matter be listed tomorrow (16.04.2024) under the same heading."

(Emphasis supplied)

"ORDER 16.04.2024 W.P.(C) No.8855 of 2024 &

4. Pursuant to order dated 15.04.2024, learned Counsel for the Petitioners files Affidavits sworn by the Petitioners after handing over copies of the same to the learned Counsel for the State indicating therein that they are in the process of supplying the food articles as detailed in the said Affidavits. The said Affidavits are taken on record.

5. Learned State Counsel files photocopy of letter No.294 dated 16.04.2024 of the Superintendent, Leprosy Home & Hospital, Cuttack, addressed to Mr. D.K. Behera, learned Additional Standing Counsel for the State regarding supply of dietary articles to inmates and patients of Leprosy Home & Hospital, Cuttack, the contents of which is extracted below.

"Sir, With reference to your Letter No. subject cited above. I am to state that till today the dietary articles to Superintendent L.H.H. Cuttack were supplied by Pvt. Contractors through tender for the year 2020-21 but the tender process, could not be possible due to some avoidable circumstances the contractors were allowed to give the dietary articles till today. That is on 16.04.2024 but as Govt. pleased to declare to WSHG to supply diet to inmates & patients to Leprosy Home & Hospital, Cuttack. After selection of Swrupa Mahasangha Cuttack City-1 by DSWO Cuttack & CDM & PHO Cuttack is directed the under singed supply of diet to patient & inmates to LHH Cuttack. The under singed discussed with Swrupa Mahasangha & directed them to supply the dietary articles as per Govt. norm to LHH Cuttack and Swarupa Mahasangha started preliminary (wrongly typed as prilmenry) process to supply the Diet tomorrow. This kind information & necessary action."

(Emphasis supplied)

6. At this stage, learned Counsel for the State/Opposite Parties, drawing attention of this Court to the instruction for enforcement of Model Code of Conduct issued by the Election Commission of India as at Annexure-5 series submits, the Model Code of Conduct came into effect on and from 16.03.2024, whereas the tender process for awarding the work of supply of dietary articles in favour of the S.H.G namely, Swarupa Mahasangha, Cuttack was finalized much before the said date, pursuant to which the impugned letter dated 02.04.2024 was issued by the Superintendent, Leprosy Home & Hospital, Cuttack to the present Petitioners advising them to stop supply of dietary articles w.e.f. 14.04.2024.

7. Learned Counsel for the State, drawing attention of this Court to the Instruction at Serial No.2, which is based on Election Commission's letter dated 09.03.2004, further submits, as per the Model Code of Conduct, the work which has already been started from the ground may be continued, no fresh work shall be started till the completion of elections and tenders are not to be finalized during the period of elections. Since in the present case the tender was finalized much before the Code of Conduct came into effect, there was no illegality in issuance of the impugned communication dated 02.04.2024 advising the Petitioners to stop supply of dietary articles w.e.f. 14.04.2024. However, in view of the specific allegation made in Para-12 of the Writ Petition that the tender process was only finalized on 27.03.2024, which is admittedly after the Code of Conduct came to effect from 16.03.2024, a further query being made by this Court as to whether the issuance of work order also includes under the purview of finalization of the tender process and whether any work order has been issued in favour of the S.H.G. namely, Swarupa Mahasangha, Cuttack before the Code of Conduct came into force, learned Counsel for the State prays for further time to take instruction and file Counter Affidavit.

8. Though in the impugned communication

dated 02.04.2024, as at Annexure-6, the Petitioners were instructed to stop supply of dietary articles to the Leprosy Home & Hospital, Cuttack w.e.f. 14.04.2024, as per the communication dated 16.04.2024, as extracted above, admittedly they are supplying the dietary articles as on date and supply of the dietary articles to the Leprosy Home & Hospital, Cuttack cannot be stalled unless and until some alternative arrangement is made.

9. In view of the specific allegations made in the Writ Petition by the Petitioners as to issuance of the impugned communication during operation of the Code of Conduct and finalization of the tender process during operation of the Code of Conduct, this Court is inclined to pass an order as an interim, to allow the Petitioners to supply the dietary articles to Leprosy Home & Hospital, Cuttack as before, till the next date."

(Emphasis supplied)

8. The said interim order was passed on 16.04.2024, based on the Affidavit filed by the Petitioners so also instruction imparted vide letter No.294 dated 16.04.2024 by the Superintendent, Leprosy Home & Hospital, Cuttack to the Office of learned Advocate General, and it was well within the knowledge of the State Counsel regarding such interim order . Admittedly, the S.H.G namely, Swarupa Mahasangha, Cuttack was permitted by the alleged Contemnor for supply of diets w.e.f. 17.04.2024, which is after the interim order passed by this Court dated 16.04.2024. That apart, the alleged Contemnor neither acted in terms of the order passed by this Court on 26.02.2026 in the present proceeding, nor remained present before this Court on 12.03.2026, despite repeated request made by the learned State Counsel, which was

recorded vide order dated 12.03.2026, extracted above .

9. That apart, this Court is unable to appreciate as to how an Affidavit could be filed by the alleged Contemnor on 12.03.2026 remaining at his home, when it is not his case that the Notary Public went to his home for swearing the affidavit.

10. Hence, this Court is of prima facie view that the conduct of the Opposite Party-alleged Contemnor amounts to wilful flouting of order dated 16.04.2024 passed by this Court in I.A. No.5037 of 2024 & W.P.(C) No.8855 of 2024. That apart, the conduct of the Opposite Party-alleged Contemnor in not acting in terms of order dated 26.02.2026, so also not appearing before this Court on 12.03.2026, despite request being made by the learned State Counsel, even though he was available on the said date at his residence, which is nearer to this Court, is further contemptuous.

11. Accordingly, the Opposite Party-alleged Contemnor is directed to file Show Cause as to why he shall not be punished under Section 12 of the Contempt of Courts Act, 1971 for wilful flouting of order dated 16.04.2024 passed in W.P.(C) No.8855 of 2024 & I.A. No.5037 of 2024, so also order dated 26.02.2026 passed in this Case, within two weeks hence after serving copy thereof on the learned Counsel for the Petitioners.

12. At this stage learned Additional Standing Counsel for the State submits, since the Opposite Party-alleged Contemnor is not acting in terms of the instructions

imparted by the State Counsel and that apart, as this Court has taken a prima facie view that the conduct of the Opposite Party-alleged Contemnor is contemptuous, the State is no more going to defend the Opposite Party in this contempt proceeding. If he so desires, he himself, either in person or by engaging a lawyer, has to participate in the present proceeding to defend his case.

13. Hence, Office is directed to communicate a copy of this order urgently to the Opposite Party-alleged Contemnor in order to enable him to file Show Cause, as directed above.

14. Personal appearance of the Opposite Party-alleged Contemnor is dispensed with for the time being.

15. The matter be listed on 23rd April, 2026.

(S. K. MISHRA) JUDGE Prasant

Signed by: PRASANT KUMAR PRADHAN

Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 27-Mar-2026 13:27:12