Orissa HC Rejects Collector's Bid to Replace Court Committee, Issues Wide Directions on Cuttack Civic Issues
The Orissa High Court rejected a Cuttack Collector's application to substitute its court-constituted traffic committee, warned sharply against executive attempts to act as appellate authority over judicial orders, and issued a series of directions covering healthcare, sanitation, and urban infrastructure in Cuttack.
A Division Bench of the High Court of Orissa at Cuttack, comprising Justice K.R. Mohapatra and Justice V. Narasingh, on 3 September 2026 rejected an interlocutory application filed by Dattatraya Bhausaheb Shinde, IAS, Collector and District Magistrate, Cuttack, seeking modification of the court's earlier Order No.495 dated 13 August 2026. That order had constituted a committee to address traffic congestion in the city. The Collector proposed that the ADM on the committee be replaced by a Tahasildar, or alternatively, that the entire exercise be handed to the existing District Road Safety Committee. The bench rejected both suggestions as “patently misconceived” and found that the Collector, in seeking this substitution, was effectively attempting to act as an appellate authority over a judicial order. The same sitting also produced a battery of directions across multiple sub-items concerning SCB Medical College and Hospital, Cuttack, and other civic matters.
The Traffic Committee and the Collector's Application
The court had, under Order No.495 dated 13 August 2026, constituted a committee headed by the Deputy Commissioner of Police, Cuttack, with an Additional District Magistrate representing the District Administration, the Deputy Commissioner of Cuttack Municipal Corporation, and an officer of equivalent rank from the Cuttack Development Authority. The committee's mandate was to ease traffic congestion, ensure no obstruction on drains and roads, and prevent recurrence of such obstructions.
Shinde, as the deponent of I.A. No.16844 of 2026, appeared in person. He sought substitution of the ADM with a Tahasildar on the ground that the committee's objectives could be better served at that level. As a fallback, he suggested that the task be assigned to the District Road Safety Committee, which he heads.
The bench was unreceptive. It noted that when constituting the committee, it was already aware of both the Traffic Management Committee of 2011 and the District Road Safety Committee, and had consciously chosen to constitute a distinct body. The ADM was deliberately nominated as the nodal officer, the court said, because a higher-ranking officer would serve the cause more effectively than a Tahasildar.
The Bench's Reasoning: Propriety and the Limits of Executive Suggestion
The court found the Collector's proposal that the committee be replaced by one headed by the Collector himself particularly difficult to accept. It observed that the more the Collector sought to justify the suggestion, the more unjustifiable it appeared. On the District Road Safety Committee specifically, the bench was pointed: if that committee could not safeguard road safety, it was hard to see how it could resolve the complex traffic congestion issues in Cuttack's ancient, narrow streets.
The bench characterised the application as an attempt to treat itself as an appellate authority over a judicial order. It held that the suggestion was “presumptuous and ex facie amounts to breach of the 'Laxman Rekha' of propriety.” The court added that the Traffic Management Committee of 2011 itself was in a state of suspended animation, and congestion had reached alarming proportions.
Despite the severity of its observations, the court chose restraint. It acknowledged the Collector's track record and career prospects and declined to pass any punitive order, treating the conduct as an error of judgment. But it left no ambiguity: what had been attempted would not have the court's approval and must not be repeated.
The application was dismissed. The Collector was directed to notify the ADM, Cuttack, as a member of the committee forthwith and report compliance to the Registry by 8 September 2026. The committee was given liberty to take assistance from all stakeholders in suggesting and enforcing remedial measures. The bench also directed the Registry to communicate the order to the Chief Secretary of Odisha, Mrs. Anu Garg, IAS, for information.
SCB Medical College and Hospital: Multiple Sub-Items
The same PIL carried a series of sub-items concerning SCB Medical College and Hospital (SCBMCH), Cuttack. The bench recorded developments and issued directions across several of them.
Digital Display Boards: An affidavit confirmed that the technical partner, CDAC, would make the digital display boards operational—including online integration for medicine stock display—by 15 October 2026. The matter was listed for 3 December 2026.
Open Heart Surgery (CTVS): The Commissioner-cum-Secretary, Health and Family Welfare Department, reported that four posts—Professor, Associate Professor, Assistant Professor, and Senior Resident—had been created with Chief Minister's approval. The Professor post had already been filled through promotion and the second CTVS unit made operational. Filling of the remaining posts was described as ongoing. The court directed that steps be taken for temporary arrangements to man the Assistant Professor and Senior Resident posts in the meantime. Matter listed for 3 December 2026.
Super Specialty Posts: The Finance Department, Government of Odisha, by letter No.21835 dated 19 August 2026, had given concurrence for creation of 152 posts across four categories—Professor, Associate Professor, Assistant Professor, and Senior Resident (38 each)—in super specialty disciplines across medical colleges and hospitals. The bench directed the Health and Family Welfare Department to take steps to fill those posts and called for an affidavit on follow-up actions within eight weeks. Listed for 3 December 2026.
High-End Equipment: The General Manager (Operations), Odisha State Medical Corporation Limited (OSMCL), filed an affidavit confirming purchase orders for two Heart-Lung Machines, with delivery expected by end of October 2026, and an Inhaled Nitric Oxide Delivery System with delivery expected by November 2026. Listed for 3 December 2026.
Hygienic Conditions in Central Kitchen: The learned Additional Government Advocate submitted that minor repairs in the central kitchen of SCBMCH would be undertaken within seven days. The Superintending Engineer, R&B Division-I, gave the same assurance. Matter listed for 3 December 2026.
Trauma Care Centre—ICU Repairs: Despite Order No.481-F dated 30 July 2026, the Judicial Commission had not accorded permission for necessary repairs in the Trauma Care Centre ICU. The Superintendent, SCBMCH, had flagged a lack of space as the immediate consequence. The bench directed the Secretary of the Judicial Commission to appear in person on 1 October 2026 at 2 PM to explain developments. The Registrar (Judicial) was directed to communicate the order to the Secretary, Judicial Commission, SCBMCH, forthwith.
Fire Safety Infrastructure: An action taken report confirmed that firefighting equipment and installations had been handed over to college authorities and an Annual Maintenance Contract commenced from 17 August 2026, with 22 technicians per shift and 4 supervisors engaged under contract. Listed for 5 November 2026.
O&G Ward, SNCU, and Maternity Ward: Members of the Advocates' Committee—Ms. Saswata Pattnaik and Ms. Kajal Sahu—had conducted an inspection of the O&G Ward under the stewardship of the President of the Orissa High Court Bar Association, Sri Lalatendu Samantaray, Senior Advocate. Their report raised concerns about structural stability of the High Dependency Unit and pharmaceutical and consumable inventory deficits.
The Medical Superintendent and the Superintending Engineer committed to immediate repair steps at the HDU. OSMCL's counsel undertook to seek instructions on the pharmaceutical deficit once supplied with the relevant extracts. The bench placed on record its appreciation for the Advocates' Committee members and for the cooperation of the Superintendent, doctors, nursing staff, and personnel of the O&G Department. The matter was listed for 1 October 2026.
Liver Transplantation: An action taken report from SCBMCH noted that the Nodal Officer had communicated the status of patients awaiting liver transplant to the Chairman, MGM Hospital Chennai, and had requested a tentative surgery date and pre-surgery evaluation date. Listed for 5 November 2026.
ECG and TMT at SCBMCH & Super Specialty OPD: News items in an Odia vernacular daily reporting disorder in SCBMCH's cardiology department and the Super Specialty OPD were taken on record. The Commissioner-cum-Secretary (Health), the Medical Superintendent, and DCP Cuttack assured the court a solution would be presented at the next hearing. Listed for 1 October 2026.
CBNAAT Machine at City Hospital: Mr. B.B. Choudhury, member of the Advocates' Committee, flagged a report about the non-functioning of the CBNAAT machine at City Hospital, Cuttack. The court directed the Chief District Medical and Public Health Officer to file a comprehensive affidavit on the machine's overall functioning within two weeks, serving a copy on the Secretary, Orissa High Court Bar Association. Listed for 1 October 2026.
Other Civic Matters: Sishu Bhawan, BSWC Drain, Krushak Bazar, and Barabati Food Court
Sishu Bhawan Boundary Wall: The Superintending Engineer had earlier assured completion of a high boundary wall around Sishu Bhawan by end of August 2026. The learned AGA submitted that 160 metres remained incomplete due to untimely rain, with completion now expected by end of September 2026. The engineer reiterated that undertaking. Listed for 8 October 2026.
Transportation and CT Scan at Sishu Bhawan: Nine electric vehicles had been arranged for patient transport inside Sishu Bhawan, and the CT scan machine had been made operational—though currently running only from 10 AM to 5 PM due to manpower shortage, with 24x7 functioning expected once adequate staff is available. The bench found no further order was required on this issue.
BSWC Drain: The Managing Director of WATCO appeared virtually and filed an affidavit. Technical bids for the BSWC drain were opened on 5 August 2026, with four bidders. Evaluation was to be completed by 10 September 2026 and the tender process by 30 September 2026. Construction was expected to commence from mid-November 2026. Listed for 29 October 2026.
Krushak Bazar Garbage: The Advocates' Committee flagged persistent failure to lift garbage from the fish market area twice daily as directed by the court. Photographs were produced and made part of the order. The Deputy Commissioner, KMC, admitted lapses due to non-payment of dues but assured compliance. The bench directed a joint affidavit from the sanitary inspector and the agency, covering the period 7 September to 30 September 2026, with photographs, and directed that the payment issue be resolved by the corporation in the meantime. Listed for 1 October 2026.
Barabati Stadium Food Court: A vernacular news item and submissions from the Bar described unhygienic conditions at the food court in front of Barabati Stadium, including presence of pigs and stray animals. The Deputy Commissioner (Sanitation), KMC, submitted that a week-long initiative titled “Swachha Vayu” was to begin from 7 September 2026. The bench directed the KMC and District Administration to take immediate steps to ensure hygienic conditions in and around the food court. Before-and-after photographs were to be filed by affidavit by 28 September 2026 and placed before the court on 1 October 2026. The bench also directed action against vendors who do not comply with KMC sanitation norms, periodic food quality checks by KMC health officers, and the DCP to ensure adequate security and no traffic congestion from the food court's operation.
Outcome
I.A. No.16844 of 2026 seeking modification of the traffic committee was rejected. The Collector was directed to notify the ADM as a member of the committee and report compliance by 8 September 2026. Personal appearance of the Collector was dispensed with for the time being. The order was directed to be communicated to the Chief Secretary of Odisha. The Judicial Commission Secretary was summoned for 1 October 2026 on the Trauma Care ICU repair issue. Across the remaining sub-items, the bench issued compliance deadlines, called for affidavits, and listed matters between 1 October and 3 December 2026. The overall PIL was listed on 10 September 2026.