Orissa High Court
Registrar (Judicial) vs State Of Odisha & Others .... Opp. ... on 14 August, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
SUO MOTU W.P.(C) PIL No.2140 of 2020
Registrar (Judicial),
Orissa High Court, Cuttack .... Petitioner
Er. N.K. Mohanty
Amicus Curiae
Mr. Bijay Kumar Dash
Amicus Curiae
-versus-
State of Odisha & others .... Opp. Parties
Mr. Manoj Kumar Mishra
Senior Advocate
President, OHCBA
Mr. Avijit Pattnaik
Advocate
Secretary, OHCBA
Mr. Debasis Nayak-A
Addl. Govt. Advocate &
Advocate for C.M.C.
Mr. Partha Sarathi Nayak
Addl. Govt. Advocate
CORAM:
Signature Not Verified
Digitally Signed JUSTICE S.K. SAHOO
Signed by: SIPUN BEHERA
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF JUSTICE V. NARASINGH
ORISSA, CUTTACK
Date: 14-Aug-2025 21:49:29
Page 1 of 60
ORDER
14.08.2025 This matter is taken up through Hybrid arrangement (video conferencing/physical mode). S.C.B. MEDICAL COLLEGE AND HOSPITAL PROBLEMS PROCUREMENT OF 128 SLICE CT SCAN MACHINE FOR RADIODIAGNOSIS DEPARTMENT, SCBMCH, CUTTACK Order No. As per the order no.246 dated 19.06.2025, 298-A. the Superintendent, SCBMCH, Cuttack was asked to 14.08.2025 file an affidavit regarding the status of procurement and operation of two numbers of 128 Slice CT Scan machines.
There is no dispute that this is a type of computed tomography (CT) imaging machine that uses 128 detectors to capture multiple cross- sectional images (slices) of the body in a single rotation. This technology allows for faster scanning times and creation of high-resolutions detailed 3D images, which can improve diagnostic accuracy.
Prof (Dr.) Goutam Kumar Satpathy, Medical Superintendent I/c, SCBMCH, Cuttack so also Prof (Dr.) Pooja Mishra, HoD, Radiology, SCBMCH, Cuttack is present through virtual mode.
Page 2 of 60Prof (Dr.) Goutam Kumar Satpathy, Medical Superintendent I/c, SCBMCH, Cuttack has filed an affidavit dated 13.08.2025, wherein it is stated as follows:
"3. That, it is humbly submitted that the 128 slice CT Scan Machine for Radio diagnosis Department, SCBMCH, Cuttack has become functional since 11th of August 2025 and is being utilized for the patient care. The Prof & HoD, Radio-Diagnosis, SCBMCH, Cuttack has communicated the data of patients availed the services since the functionalization of the machine which is enumerated here under;
Date No. of Patients
availed the service
11.08.2025 41
12.08.2025 84
13.08.2025
(Till 1.00 pm) 15 "
Learned counsel appearing for the Odisha State Medical Corporation Ltd. (hereafter, „OSMCL‟) placed on record the status of procurement of equipment obtained from GM Operations (Equipment), OSMCL, which reads as follows:Page 3 of 60
"(i) Against the PO issued by OSMCL for 02 nos. of 128 SLICE CT SCAN MACHINE, 01 no. of 128 SLICE CT SCAN MACHINE has already been installed at SCBMCH, Cuttack on 05.08.2025.
(ii) The rest one no. of 128 SLICE CT SCAN MACHINE is ready for delivery at SCBMCH, Cuttack, however site has not been handed over for the same."
Regarding the site issue for installing one more 128 Slice CT Scan Machine, when the response of the Superintendent, SCBMCH was sought for, he stated that at present, three CT machines are functional at three different locations i.e. two new machines (CT Scan) installed at Regional Diagnostic Centre in front of Trauma Casualty (with CCTV cameras) and one old machine (PPP) installed at Radiology Department near Ranihat Gate (with CCTV cameras). He further stated that one of the two new CT Scan machines was procured through OSMCL and the other machine was provided by GRIDCO pursuant to their CSR (Corporate Social Responsibility) policy. The third (old) CT Scan machine is run by PPP (Public Private Partnership) Page 4 of 60 mode.
So far as the running of CT machine in PPP mode is concerned, it is stated that though the period of agreement has expired, the same has been extended for a further period of one year.
Since there is no clarity as to why the PPP mode has been extended when there is another machine, which is ready for installation as stated in the instruction submitted to this Court by the learned counsel appearing for OSMCL, let an affidavit clarifying the same be filed by the OSMCL as well as the Superintendent I/c, SCBMCH, Cuttack.
The Superintendent, SCBMCH, Cuttack shall also indicate in the affidavit as to whether there is any possibility of providing a site for installation of the additional machine, keeping in view the increasing demand of the patients as this Court is informed that such facility is also availed by the patients of City Hospital, Cuttack and Sishu Bhawan, Cuttack.
So far as installation of CCTV cameras is concerned, it is brought to the notice of this Court that at all the sites where CT Scan machines are installed have CCTV coverage, however, without audio coverage.
Page 5 of 60DISPLAY BOARDS:-
So far as issue relating to display boards, which will go a long way in reducing the inconvenience caused to the patients, who are waiting to undergo the CT Scan test, Prof. (Dr.) Goutam Kumar Satpathy, Superintendent I/c, SCBMCH, Cuttack informs that necessary communication in this regard has already been made with OCAC and such communication has been endorsed to DMET. And, on getting administrative approval, the OCAC will install the display board.
Further instructions in this regard shall be placed by the Superintendent, SCBMCH, Cuttack in the next date of hearing.
COMPLAINT/SUGGESTIONS PORTAL:-
It is submitted by Prof. (Dr.) Goutam Kumar Satpathy, Superintendent I/c, SCBMCH, Cuttack that a complaint/suggestions box has also been put in place to redress the grievances of the patients.
He has also assured this Court to explore the possibility of providing a designated mobile number and e-mail ID in which such complaints/suggestions can be lodged and also assured that periodically, such complaints are to be Page 6 of 60 looked into and necessary corrective steps shall be taken on this count.
The Superintendent, SCBMCH, Cuttack shall take steps to install audio enabled CCTV cameras at all the three CT Scan sites so that functioning of the scanning centers can be monitored effectively and the allegations that the patients are diverted from the place to private clinics or hospitals on extraneous consideration can be nipped at the bud.
Let the Advocates‟ Committee visit the SCBMCH, Cuttack in the second week of September and furnish a report regarding functioning of 128 Slice CT Scan machines and other issues as noted above.
List this matter on 18.09.2025.
(S.K. Sahoo) Judge (V. Narasingh) Judge LIVER TRANSPLANTATION ISSUE: 298-B. As per order no.291-A dated 14.08.2025, 14.08.2025 the Commissioner-cum-Secretary, Department of Health, Government of Odisha as well as Page 7 of 60 Superintendent of SCBMCH, Cuttack was asked to file their respective affidavits regarding non-
performance of liver transplantation unit in SCBMCH, Cuttack.
Ms. Aswathy S., I.A.S., Commissioner- cum-Secretary to Govt., Health & Family Welfare Department, Government of Odisha is present through virtual mode and filed an affidavit dated 13.08.2025, wherein it is stated as follows:
(i) In 2023, two hospitals, i.e. Asian Institute of Gastroenterology (AIG), Hyderabad and Aster CMI, Bengaluru were selected through a tender process, and Memorandums of Understanding (MoUs) were signed with them. Aster CMI has been conducting the screening process at SVPPGIP, paediatric wing of SCBMCH while the MoU with AIG expired on 1st April 2025. Within a year, two transplants have been performed - the first patient responded positively to the treatment, while the second patient unfortunately succumbed post-
surgery. Letter has also been issued to the Vice- President, AIG, to intimate a suitable date and time for a discussion for continuing with their services after expiry of MoU. A copy of the letter No.16171 dated 05.08.2025 issued to the Vice-President, AIG Page 8 of 60 by DMET, Odisha, has been annexed to the affidavit as Annexure-C. After actively pursuing the matter, AIG has responded to the said communication and a meeting with AIG will be held later this week to arrive at an arrangement for the interregnum period.
Ms. Aswathy S., I.A.S., Commissioner- cum-Secretary to Govt., Health & Family Welfare Department, Government of Odisha informs this Court that she will apprise this Court regarding the development of the scheduled meeting on 21.08.2025.
(ii) It is further stated in the affidavit that in the meantime, steps have been initiated to identify additional honorary partners. MGM Chennai, which has an existing MoU for conducting heart transplants free of cost at S.C.B.M.C.H., Cuttack and is continuing its screening process, has shown interest in undertaking other transplants, including liver and bone marrow, also free of cost and has already submitted a draft MoU for the same. After Government approval is accorded, MGM can facilitate all transplants like Liver, Bone Marrow, Heart etc., can give hands on training and help in capacity building and strengthening the comprehensive transplant system in a coordinated manner.
Page 9 of 60Ms. Aswathy S., I.A.S., Commissioner- cum-Secretary to Govt., Health & Family Welfare Department, Government of Odisha informs this Court that that the matter is taken up at the level of the Govt. and hence, she is not able to furnish any specific time line for comprehensive transplant system.
Since the issue merits immediate attention keeping in view the plight of the patients, the same cannot be deferred indefinitely. The Secretary is called upon to intimate the time line on the next date i.e. 21.08.2025 when this issue is taken up for consideration.
This Court expects that a comparison shall be made between the two designated institutions keeping in view their expertise, track record and timely response. And, the better institution shall be chosen taking into account all relevant factors in the best interest of the people and the State.
(iii) It is further stated in the affidavit that since two institutions are willing and have come forwarded to be a technical partner, expert guidance of DMET and team will be taken to finalize the terms and contours of engagement with the most suitable Page 10 of 60 partner focusing on protecting the interest of the State. Meanwhile, the Nodal Officer (Organ Transplantation) -cum- Additional DMET, Odisha, has constituted a dedicated team of experienced doctors at SCBMCH, Cuttack. This team has already initiated preparatory activities, including patient screening in anticipation of resumption of liver transplant services at SCBMCH, Cuttack. The transplant programme will be conducted under the direct supervision of Prof. (Dr.) U. K. Satapathy, while the overall operations will be monitored by DMET, Odisha. The Dean & Principal, along with the Superintendent of SCBMCH, Cuttack will extend full logistical support for the transplant activities. A copy of letter No.19096 dated 04.08.2025 regarding constitution of Committee by Addl. DMET, Odisha has been annexed to the affidavit as Annexure-D. Prof. (Dr.) Goutam Kumar Satpathy, Medical Superintendent I/c, SCBMCH, Cuttack is present through virtual mode and filed an affidavit dated 12.08.2025, wherein it is stated as follows:
(i) Liver transplantation is a multi-phased procedure. Before transplantation, the recipient and proposed donor have to undergo pre-transplant workout. After completion of all exercise and Page 11 of 60 certification of fitness of both the recipient and donor, the application for grant of permission for transplantation is sent to Authorization Committee for consideration. After obtaining permission from the Committee, the case of recipient and donor is taken up for transplantation surgery.
(ii) It is further stated in the affidavit that as communicated by the Prof. & HOD, Hepatology, SCBMCH, Cuttack vide letter No.348 dated 31.07.2025, five nos. of patients are being screened for Liver Transplantation and out of them, 2 nos. of patients do not have any donors. In this connection, Prof. & HOD, Hepatology has been requested vide office letter No.17932 dated 01.08.2025 for further investigation of the remaining three recipients and donors. After completion of the pre-transplant procedures, the proposal of the recipients and suitable proposed donors are to be sent to the Authorization Committee for consideration. He has annexed the copies of the letter dated 31.07.2025 and 01.08.2025 to the affidavit as Annexure-G series.
(iii) It is further stated in the affidavit that no meeting of Authorization Committee of SCBMCH, Cuttack relating to Liver Transplant has been held Page 12 of 60 during the last 6 (six) months. However, he has annexed the the copies of minutes of Authorization Committee of SCBMCH, Cuttack relating to Liver Transplant held on 02.04.2024 and 06.09.2024 to the affidavit as Annexure-H. Regarding Authorization Committee of SCBMCH, Cuttack relating to liver transplant not being held for the last six months is concerned, it is stated by Prof. (Dr.) Goutam Kumar Satpathy, Medical Superintendent I/c, SCBMCH, Cuttack that since the patients details which are mandatorily required for the case of the patients to be considered by the Authorization Committee being incomplete, the meetings could not be held. He also states that since the patients are not undertaking all the tests which are condition precedent for placing their cases before the Authorization Committee, it is getting delayed and there are instances of the patients leaving the process of tests midway which, is only compounding the problem.
When this Court sought views of the Commissioner-cum-Secretary, Health and Family Welfare Department in this regard, she clarified that meanwhile, a team of doctors were deputed to the State of Karnataka regarding transplantations and Page 13 of 60 the team has come back and has given suggestions, which are being examined and shall be implemented to suit the local needs and the steps taken in this regard shall be considered by this Court on 21.08.2025 on the basis of materials placed.
On the said date, both the Commissioner - cum- Secretary to Govt., Health & Family Welfare Department, Government of Odisha and Superintendent I/c, SCBMCH, Cuttack shall apprise this Court about the developments regarding liver transplantation issue.
(iv) It is further stated in the affidavit that on examination of the official records, it is found that no such patients as indicated in the news items so published, died in the hospital awaiting liver transplantation.
(v) So far as the news item published in the Odia Daily "The Samaja" regarding appointment of Nodal Officer for Liver Transplant Unit is concerned, it is stated in the affidavit filed by Prof.(Dr.) Goutam Kumar Satpathy, Medical Superintendent I/c, SCBMCH, Cuttack that the following faculties are presently posted in the Unit concerned;
1. Prof. (Dr) Pramod Kumar Palai. Prof. in Page 14 of 60 Anesthesia;
2. Prof. (Dr) Kaumudee Pattanaik, Prof in Pathology;
3. Dr. L. N. Mohanty, Asso. Prof. in Surgery, DNB in G.I. Surgery from Apollo Hospital.
Out of these three doctors, Dr. L.N. Mohanty is the only surgeon trained in G.I. Surgery. Normally, a surgeon is kept as a Nodal Officer of Liver Transplant Unit. As he is trained in G.I. Surgery, his competency will be better than the other two doctors of the Unit to render services as a Nodal Officer.
(vi) So far as news item published in Odia daily "The Sakala" on 07.08.2025 under the caption of "CHARI MASA APEKHYA KARI AKHI BUJITHILE BRAHMANANDA" is concerned, it is mentioned in the affidavit filed by Prof.(Dr.) Goutam Kumar Satpathy, Medical Superintendent I/c, SCBMCH, Cuttack that as per the available records, it is ascertained that late Brahmananda Behera, aged about 51 years visited Liver Transplant Unit under the Department of Hepatology on 19.09.2024 as an OPD patient with CR No.2110224065 with a diagnosis of Decompensated Chronic Liver disease, Page 15 of 60 O+ve Blood Group. The said patient was given an OPD ticket with appropriate medical advice and advised subsequent follow-up. Extract of the OPD register showing the patient‟s name and date has been annexed to the affidavit as Annexure-I. However, IPD records of SCBMCH, Cuttack do not indicate admission of the patient at SCBMCH for further treatment at the Hepatology Department.
In the affidavit filed by the Commissioner
-cum- Secretary to Govt., Health & Family Welfare Department, Government of Odisha, it is stated that a proposal for sanction of a medical advance of Rs.28 lakhs in favour of Shri Subrat Satapathy, I.A.S., FA, Board of Revenue, has been referred to the Technical Committee, which examines all such proposals as per CGHS rate norms. Subsequently, the matter would be placed before the Technical Standing Committee of the DMET Office and sent for approval. The proposal has not yet been sanctioned and is presently under consideration. Due process, as applicable to all other medical claims, is being followed.
In the affidavit filed by the Superintendent I/c, SCBMCH, Cuttack, it is stated that there is provision for referral of Govt. Officials to undergo Page 16 of 60 treatment at different Non-Govt. hospitals. In this regard, the prescribed govt. guidelines have been followed and approval for the treatment of the Govt. Officer has been obtained from the higher authorities.
(S.K. Sahoo) Judge (V. Narasingh) Judge FUNCTIONING OF HEMATOLOGY DEPARTMENT IN SCBMCH, CUTTACK 298-C. As per order no.291-B dated 07.08.2025, 14.08.2025 the Superintendent, SCBMCH, Cuttack so also the Health Secretary, Govt. of Odisha were asked to file their respective affidavits relating to the proper functioning of the Haematology Department.
Ms. Aswathy S., I.A.S., Commissioner- cum-Secretary to Govt., Health & Family Welfare Department, Govt. of Odisha is present through virtual mode and filed an affidavit dated 13.08.2025, wherein it is stated that the Dept. of Clinical Haematology is presently being managed with the following faculties:
1. Dr. Sudha Sethy, Assoc. Prof. I/c. HOD
2. Dr. Rajiv Kumar Nayak, Asst. Professor Page 17 of 60
3. Dr. Manmohan Biswal, Asst. Professor It is further stated in the affidavit that Prof. (Dr.) Prabodh Kumar Das (retired from AIIMS Bhubaneswar) has been engaged to provide honorary service in the Department of Clinical Haematology including bone marrow transplant (BMT) as and when required. Dr. Prabodh Kumar Das has had 3 years training from 1996 to 1999 at CMC, Vellore in Clinical Haematology. He has also acquired 2 years 6 month advanced training in Australia which is now recognized by NMC‟s Teachers Eligibility Qualification in Medical Institutions Regulations 2022. He has also completed his fellowships in BMT from Toronto and Seattle, USA. Besides, Dr. Das started the 1st DM Program in Clinical Haematology in the State of Odisha at AIIMS, Bhubaneswar in 2019. Eight candidates completed the DM Course successfully during his tenure and four other candidates are continuing. The vast experience and expertise in the field of Clinical Haematology of Dr. Das, who has been engaged on honorary basis in the Hematology Department of SCBMCH, Cuttack will contribute to the development & strengthening of the department in the interest of patients.
It is further stated in the affidavit that the Page 18 of 60 acceptance of an honorary position at SCBMCH, Cuttack by such an eminent and qualified physician speaks volumes about his dedication to the profession and patients. There is no possibility of conflict of interest in this regard.
It is further stated in the affidavit that in 2015, the erstwhile MCI had denied the starting of DM course at Clinical Haematology department of SCBMCH, Cuttack as none of the faculties had the requisite qualification. Dr. R.K. Jena served as Professor and Head of the Department of Medicine, holding an M.D. in Medicine and a Ph.D. At that time, the Associate Professor held an M.D. in Pathology, while both Assistant Professors possessed qualifications M.D. in Paediatrics (Dr. Nayak) and M.D. in Pathology (Dr. Biswal). At present, Dr. Soudamini Mohapatra having DM degree in Haematology has been appointed as Assistant Professor in the Department of Haematology at SCBMCH, Cuttack on contractual basis vide order no.16857 dated 12.8.25. A copy of the order dated 12.08.25 has been annexed to the affidavit as Annexure-A. It is further stated that two Diplomate of National Board (DNB) students are undergoing training and have assisted in many BMT procedures.
Page 19 of 60Both the students are likely to complete their DNB course in October and contribute to strengthen the department as well as in conducting BMT.
It is further stated in the affidavit filed by the Commissioner-cum-Secretary to Govt., Health & Family Welfare Department, Govt. of Odisha that at present, SCBMCH, Cuttack has a sanctioned capacity of 2,396 beds. Being the premier healthcare institution of the State, the patient load is significantly high, resulting in an actual functional capacity of approximately 3,000 beds, often resulting in management of patients on the floor. In the usual course, mattresses, linen, and diet are provided to all patients as per norms. However, due heavy influx of patients, there seems to be deviations in this respect. The Superintendent has been advised to ensure that such facilities are extended to all patients. It is further stated in the affidavit that under the approved redevelopment plan, provision has been made for approximately 2,000 additional beds, which ought to adequately meet the bed requirements in future. The current bed strength of 20 in Haematology department will be enhanced to 60, after the completion of the redevelopment project.
Page 20 of 60It is further stated in the affidavit filed by the Commissioner-cum-Secretary to Govt., Health & Family Welfare Department, Govt. of Odisha regarding the re-engagement of Prof. (Dr.) Rabindra Kumar Jena (Retd.) that a petition was received from the President‟s Secretariat alleging serious illegal activities against him. In this connection, a departmental enquiry has been ordered to be conducted by the MD, OSMCL and DMET, Odisha. Since the enquiry is under process, Dr. Jena has not been re-engaged. Appropriate actions shall be taken after receipt of the enquiry report. A copy of H & FW Department letter No.18503 dated 24.06.2025 issued to MD, OSMCL and DMET, Odisha to enquire into the allegations against Prof. (Dr.) Rabindra Kumar Jena has been annexed to the affidavit as Annexure-B. This Court expects that until Prof. (Dr.) Rabindra Kumar Jena is cleared of all the charges levelled against him, he shall not be posted at SCBMCH, Cuttack.
It is further stated in the affidavit that the appointment of Dr. Soudamini Mohapatra is expected to significantly streamline the transplant process.
Page 21 of 60Screening of patients has already commenced at SCBMCH, Cuttack and meanwhile, two patients were admitted for BMT on 25.07.2025, and pre-transplant work for these patients is underway under the guidance of Dr. Prabodh Das.
Prof.(Dr.) Goutam Kumar Satpathy, Medical Superintendent, I/c, SCBMCH, Cuttack is present through virtual mode and filed an affidavit dated 12.08.2025, wherein it is stated that the Dept. of Clinical Haematology is being managed with the following faculties:-
1. Dr. Sudha Sethy, Assoc. Prof. I/c. HOD
2. Dr. Rajiv Kumar Nayak, Asst. Professor
3. Dr. Manmohan Biswal, Asst. Professor It is further stated in the affidavit that Prof. (Dr.) Prabodh Kumar Das of SOA University has been allowed to provide honorary service in the Department of Clinical Haematology including bone marrow transplant (BMT) as and when required.
Moreover, higher authorities have been moved vide office letter No.13181 dated 09.06.2025 to take necessary steps for providing training on BMT to the faculties available at the Tata Memorial Institute, Mumbai. Meanwhile, two number patients have been admitted into Clinical Haematology on 25.07.2025 Page 22 of 60 for BMT. Pre-transplant work out of these patients is being undertaken under the guidance of Honorary Prof. (Dr) Prabodh Das.
It is further stated in the affidavit that Doctorate of Medicine (DM) in Clinical Haematology was started for the first time in India in 1999 at CMC, Vellore. 2nd institution to start DM in Clinical Haematology was AIIMS, New Delhi in 2002. The equivalent as per MCI in pre-DM Era was 3 years training in Clinical Haematology in a teaching institute / centre of excellence with dedicated service in that speciality. Dr. Probadh Das had 3 years training from 1996 to 1999 at CMC, Vellore which fits into requirement. He has also acquired 2 years 6 month advanced training in Clinical Haematology in Australia which is now recognized by NMC‟s Teachers Eligibility Qualification in Medical Institutions Regulations 2022. There is a transition period of 10 years till 2009. DNB (Diplomate National Board) Program in Clinical Haematology was only started in 2008. Besides that Dr. Das started the 1st DM Program in Clinical Haematology in the State of Odisha at AIIMS, Bhubaneswar in 2019 and 8 nos. of candidate completed the DM Course successfully during his tenure and other 4 candidates are Page 23 of 60 continuing. The vast experience and expertise in the field of Clinical Haematology of Dr. Das is utilized in the Haematology Department of SCB Medical College & Hospital, Cuttack and it will contribute the substantial development of the department in the interest of patients.
It is further stated in the affidavit that keeping in view the stellar service record and qualifications of Dr. Das and the fact that he has accepted an Honorary position at the S.C.B.M.C.H., Cuttack to supervise BMT, it is not probable that there will be any conflict of interest in his Honorary appointment at SCBMCH to supervise BMT procedures.
ADVOCATES' COMMITTEE REPORT ON HAEMATOLOGY DEPARTMENT:
The learned Advocates‟ Committee visited the Haematology Department of S.C.B.M.C.H., Cuttack as per the order dated 11.07.2025 of this Court and they have submitted a report on the functioning of the Department indicating certain requirements for smooth functioning of the BMT Unit and gave some suggestions.
The Superintendent, S.C.B.M.C.H., Cuttack and the Health Secretary were asked to file their Page 24 of 60 respective affidavits regarding the feasibility of implementation of the suggestions given by the Advocates‟ Committee.
Prof.(Dr.) Goutam Kumar Satpathy, Medical Superintendent, I/c, SCBMCH, Cuttack is present through virtual mode and filed an affidavit dated 12.08.2025, regarding functioning of the Department for smooth functioning of the BMT Unit, which reads as follows:-
"(i) Both the lifts of the BMT Unit of Haematology Department are common lift for Medicine Department, used by patients, attendants, faculties and other medical staff. On the said date, i.e., 02.08.2025, both the lifts were out of order. The lifts were repaired and put to function on the same day.
(ii) The Haematology Department has 20 sanctioned beds with two nos. of beds meant for BMT patients. However, it is the only Haematology Department in the current set up providing free treatment to all blood related diseases.
There is heavy rush of indoor patients for which there is always overcrowding Page 25 of 60 as a result of which the surplus number of patients are accommodated on floor. There is a shortage of space to increase the bed strength to accommodate the surplus patients. After completion of the Re-Development project, extra beds for the Haematology Department will be available. The redevelopment project is expected to be completed by the end of December, 2026."
He has also mentioned in the affidavit regarding feasibility of the suggestion given by the Learned Advocates Committee, which reads as under:
"(i) The DMET, Odisha has been informed regarding appropriate training of the doctors of the Haematology Department for undertaking BMT as early as possible. It is further stated that the Secretary, Health & F.W. Department and DMET, Odisha took a virtual meeting on 09.08.2025 regarding issue wherein it has been resolved to expedite the matter of training of the doctors of the Haematology Department Page 26 of 60 for undertaking BMT.
(ii) Additional space for Indoor patients of BMT Unit is possible after implementation of SCB Re-Development Project which is expected to be completed by the end of December 2026. At present there is lack of adequate space in the Haematology Department for further extension.
(iii) The HoD, Clinical Haematology has given 2 nos. of requisitions by letter Nos.528 and 529 dated 02.08.2025. In this connection, the 12 channel ECG Machine has been provided to the Haematology Department. Purchase Order vide letter No.18484 dated 06.08.2025 has been placed with M/s. Swastik Enterprises, Gandarpur, Cuttack for Syringe Pump-2 nos., Infusion Pump
-2 nos., Crash Trolley-1 no. and Fogger Machine-1 no. as per the requirement and the same will be installed by 22nd of August, 2025. The requisition for urgent procurement of Multipara Monitor and Portable X-ray has been forwarded to Page 27 of 60 DMET (O) and GM, OSMC vide letter No.18133 dated 04.08.2025. Copies of letter Nos.528 and 529 dated 02.08.2025 have been annexed to the affidavit as Annexure-A Series and copy of letter Nos.18484 dated 06.08.2025 has been to the affidavit as Annexure-B. Let the DMET (o) and G.M., OSMC place on record when the aforesaid procurement shall be complied with.
During the course of the deliberation, it was brought to the notice of the Court that two patients, namely, Kanhu Charan Pradhan and Amulya Sahoo have issues relating to transplantation and their grievances were placed before this Court through Advocates‟ Committee. The same is taken on record. A copy thereof has been handed over to the learned counsel for the State, Mr. Debasis Nayak-A. Prof (Dr.) Goutam Kumar Satpathy, Superintendent I/c. of SCBMCH, who was present through virtual mode, brings to the notice of this Court that a letter was issued to the said Kanhu Charan Pradhan dated 12.08.2025 intimating him to take steps so that his transplantation can take place.
Page 28 of 60Learned counsel for the State undertakes to place the same on record.
So far as Amulya Sahoo is concerned, it is brought to the notice of this Court by the Commissioner-cum-Secretary, Department of Health, Government of Odisha that on 25.07.2025 necessary evaluation of the patient was conducted but he left the hospital against medical advice to attend the obsequies of his nephew.
Be that as it may, this Court is assured that so far as the cases of both the patients Kanhu Charan Pradhan and Amulya Sahoo, necessary steps in this regard shall be taken.
Mrs. Padmalaya Mahapatra, Joint Secretary of the Advocates‟ Committee is also called upon to intimate both Kanhu Charan Pradhan and Amulya Sahoo regarding the developments which are noted in the order of this day so that they can take necessary steps to avail the facilities.
During hearing, regarding congestion in Haematology Department, a suggestion was mooted that the patients be segregated as cancer and non- cancer and it was stated that it will go a long way in reducing the pressure on the Haematology Page 29 of 60 Department.
Prof (Dr.) Goutam Kumar Satpathy, Superintendent I/c. of SCBMCH brings to the notice of this Court, so far as Haematology is concerned, Acharya Harihar Cancer Hospital cannot cater to their requirements. Hence, they are referred to the SCBMCH.
The Commissioner -cum- Secretary, Department of Health, Government of Odisha intervenes and states that endeavour shall be made to address the issue relating to setting up a Haematology unit in the Acharya Harihar Cancer Hospital in consultation with the experts to reduce the dependency on Haematology Department of SCBMCH.
This Court places on record its appreciation for the proactive initiative of Ms. Aswathy S., I.A.S., Commissioner-cum-Secretary to Govt., Health & Family Welfare Department, Govt. of Odisha.
(S.K. Sahoo) Judge (V. Narasingh) Judge Page 30 of 60 OPD TICKET REGISTRATION:
298-D. 14.08.2025 A news item was published in Odia daily "The Sambad" on 17.07.2025 under the caption of "MADHYA RATRIRE BANDA RAHUCHI SCB ONLINE TICKET PANJIKARANA: SAMASYARE ROGI SAMPARKIYA".
As per order no.291-C dated 07.08.2025, the Superintendent, SCBMCH, Cuttack was asked to file an affidavit regarding the status of OPD ticket registration.
Prof.(Dr.) Goutam Kumar Satpathy, Medical Superintendent, I/c, SCBMCH, Cuttack is present through virtual mode and filed an affidavit dated 12.08.2025, wherein it is stated that to facilitate online OPD registration 24 X 7, DHS, Odisha has been moved vide office letter No.16501 dated 18.07.2025. Meanwhile, the service of online OPD Registration 24x7 has commenced.
Let the Advocates‟ Committee verify the status of 24x7 online OPD registration and furnish a report to that effect.
Page 31 of 60List this matter on 18.09.2025.
(S.K. Sahoo) Judge (V. Narasingh) Judge ABSENCE OF SHED FOR THE PATIENTS AND THEIR RELATIONS IN PATHOLOGY DEPARTMENT 298-E. A news item was published in the odia 14.08.2025 daily "The Samaj" on 13.07.2025 under the heading of "SCB NIDAN KENDRA RE ABYABASTHA
- MUNDA UPARE NAIHIN CHHATA, ODA HEUCHANTI ROGI".
As per order no.291-D dated 07.08.2025, this Court asked the Superintendent, SCBMCH, Cuttack and the Superintending Engineer, R & B, Cuttack to apprise the steps taken for construction of the shed in the Pathology Department for the patients and relatives who are exposed to sun and rain while standing in the queue to give samples of blood for testing and to collect the report. The Superintendent, SCBMCH, Cuttack was also directed Page 32 of 60 to file an affidavit in that respect.
Prof.(Dr.) Goutam Kumar Satpathy, Medical Superintendent, I/c, SCBMCH, Cuttack is present through virtual mode and filed an affidavit dated 12.08.2025, wherein it is stated that R & B Department has completed the construction of shed in front of the Pathology Department for the benefit of the patients.
Let the Advocates‟ Committee visit the Pathology Department and furnish a report regarding construction of the rest shed.
List this matter on 18.09.2025.
(S.K. Sahoo) Judge (V. Narasingh) Judge 298-F. A news item has been published in Odia 14.08.2025 daily "The Samaja" on 23.07.2025 under the caption of "CUTTACK BADA DAKTARAKHANA : ROGI SAMPARKIYANKU MILUNI MOULIKA SUBIDHA"
(Basic facilities are not made available to the relatives of patients in S.C.B.M.C.H., Cuttack).
As per order dated 25.07.2025, the Superintendent, S.C.B.M.C.H., Cuttack assured this Page 33 of 60 Court that proper mechanism shall be chalked out to so that only the patients‟ attendants would enter the rest room and adequate measures shall be taken to deploy security personnel and CCTV cameras would be installed in the rest room for such purpose. He was asked to file an affidavit on the following issues:-
(i) How many posts of doctors are lying vacant and in which department (s)?
(ii) How the duty hours of the doctors and staffs are being regulated?
(iii) What type of actions are being taken against the doctors and staffs who are found neglecting their duties and not remaining present in the hospital in the duty hours?
(iv) What are the facilities available in each of the departments for the attendants?
(v) What type of safety measures are being taken for the attendants of the patient(s) who remain with them, particularly in the night hours?
Prof.(Dr.) Goutam Kumar Satpathy, Medical Superintendent, I/c, S.C.B.M.C.H., Medical Cuttack is present through virtual mode and filed an affidavit dated 12.08.2025, which is taken on record. Issue no.(i):-
It is stated in the affidavit that at present Page 34 of 60
15 posts of Professor, 33 posts of Associate Professor, 16 posts of Assistant Professor and 23 posts of Senior Resident/Tutor are lying vacant.
Sl. Designation Sanctioned Man in Vacancy
No. Post position
1 Professor 63 51 15
2 Associate 107 72 33
Professor
3 Assistant 237 221 16
Professor
4 Tutor/Senior 226 203 23
Resident
The Health Secretary, Govt. of Odisha stated that so far as the vacancies of doctors at the entry level of Assistant Professor are concerned, OPSC have selected candidates discipline wise and the same shall be placed on record by the next date.
List this matter on 21.08.2025.
Issue no.(ii):-
It is stated in the affidavit as follows:-
The duty hours for doctors and staffs of OPD are from 9.00 a.m. to 5.00 p.m. with one hour lunch break from 1.00 p.m. to 2.00 p.m. and emergency services available round the clock as per the NMC guideline as communicated by DMET (O), vide letter No. 3391 dated 26.02.2024. A copy of the said letter has been annexed to the affidavit as Annexure-C. The Unit Heads of the concerned ward Page 35 of 60 (IPD) are undertaking regular ward rounds twice a day, i.e., from 9.00 a.m. to 12.00 Noon and 4.00 p.m. to 5.00 p.m. including public holidays on rotation. The IPDs and emergency unit are functional round the clock and the duties of Nursing Officers, Paramedical Staffs, Class-IV, Security etc., are distributed on shift wise basis (from 8.00 a.m. to 2.00 p.m., 2.00 p.m. to 10.00 p.m. & 10.00 p.m. to 8.00 a.m.).
The Regional Diagnostic Centre is managed jointly by the Department of Pathology, Biochemistry & Radiology by Asst. Professors & Senior Residents on rotation basis. The HOD, Pathology, Biochemistry & Radiology will be in- charge of respective department. The Regional Diagnostic Centre remains functional round the clock. Issue no. (iii):-
It is stated in the affidavit that Aadhaar Enabled Biometric Attendance System is implemented for all the doctors in entry and exit time. In order to improve the standards of medical education, bring about accountability of members of faculty in Govt. Medical Colleges, a Standard Operating Procedure (SOP) has been prescribed by the Govt. of Odisha, Health & Family Welfare Department vide Order No.22046 / H dated Page 36 of 60 05.10.2015, wherein it has been recommended to form an Internal Vigilance Committee to look into the matter of (a) Medical Disciplines and OPDs (b) Surgical Disciplines and Casualty (c) All laboratories including Regional Diagnostic Centre and Departments not covered under (a) and (b).
Adhering to the recommendations of the Govt. in Health & F.W. Department, three teams have been nominated to make surprise visits at least twice a week to different departments i.e. OPDs, IPDs, ICUs, OTs and submit reports to the Medical Superintendent for further course of action. A copy of the said SOP and office Order No.17769 dated 30.07.2025 have been annexed to the affidavit as Annexure-D Series.
It is further stated that one doctor namely Dr. Pitamber Beuria, Asst. Prof, Neurology Department was found absent without authorisation. The matter was intimated to higher authorities and consequently he was relieved from his post vide letter No.11042 dated 28.02.2024 of the Dean & Principal, SCB Medical College, Cuttack. A copy of the letter dated 28.02.24 has been annexed to the affidavit as Annexure-E. In view of the regular complaints being made that some of the doctors are remaining absent Page 37 of 60 in their duty hours and attend private hospitals/clinics causing inconvenience to the patients, this Court directs that a team shall be formed by the Health & Family Welfare Department consisting of members not below the rank of Deputy Secretary to the Govt. along with the existing team to make surprise visits to different departments and OPDs of SCBMCH, Cuttack and submit a periodical report to this Court at short intervals in a sealed envelope for verification.
Issue no.(iv):-
It is stated in the affidavit that Patient Attendant Rest Rooms along with toilet, drinking water and mobile charging facilities are being provided to the attendants in almost all the departments of the hospital. At present there are 9 nos. of Patient Attendant Rest Room for around 1040 attendants in different departments. Although, all efforts were undertaken to identify additional space for rest shed, no further space is available in the existing campus for additional rest sheds. Sincere steps are being taken to identify additional space in the new hospital for consideration of more rest sheds for attendants.
It is further stated that as per the direction of this Court, additional 31 nos. of Security personnel Page 38 of 60 have been deployed on 31.07.2025 exclusively for the attendant sheds. They have been directed to verify patient attendant pass and OPD Ticket to allow the attendants inside the premises. They have been instructed not to allow any other persons/anti-socials inside the attendant shed in view of safety and support of the attendants.
The Superintending Engineer, R & B Department has been requested vide office letter No.17636 dated 28.07.2025 for installation of 2 numbers of CCTV cameras in each attendant shed. A copy of the letter dated 28.07.25 has been annexed to the affidavit as Annexure-F. Issue no.(v):-
It is stated that security personnel are deployed in all clinical departments including casualty departments round the clock to provide safety & security to the doctors, Nursing personnel, paramedics as well as patients and their attendants.
Let an affidavit be filed by the Superintending Engineer, R & B, Division-I, Cuttack regarding installation of CCTV cameras with surveillance system in all the patient attendant sheds.
Let the Advocates‟ Committee visit the S.C.B.M.C.H, Cuttack and furnish a report regarding Page 39 of 60 deployment of security personnel, CCTV cameras status in the attendant sheds of the clinical departments.
List this matter on 18.09.2025.
(S.K. Sahoo) Judge (V. Narasingh) Judge 298-G. A news item has been published in Odia 14.08.2025 daily "The Samaja" on 05.08.2025 under the caption of "CHATAPATA HELE ROGI O SAMPARKIYA :
TRAUMA CARE RA AC ACHALA, ORTHOPEDICS RE PANI SAMASYA" (The patient and relatives are suffering, AC in Trauma Care Unit is out of order, water problem in Orthopedics Department).
As per order no.291-G dated 07.08.2025, the Superintendent, S.C.B.M.C.H, Cuttack was directed to file an affidavit to that effect by 12.08.2025 serving copy in advance to learned Amicus Curiae, the President/Secretary of the Orissa High Court Bar Association.
Prof.(Dr.) Goutam Kumar Satpathy, Medical Superintendent, I/c, S.C.B.M.C.H., Medical Cuttack is present through virtual mode and filed an Page 40 of 60 affidavit dated regarding the functional status of the ACs in Trauma Casualty, wherein it is stated that as per the report, it was found that out of 49 numbers of ACs in Trauma Casualty, 7 ACs were out of order and not functioning. In this connection, necessary steps have been taken for repair and replacement of the ACs and the work has been completed on 05.08.2025.
Regarding the non-supply of water in the Orthopaedics Department, there was rupture of water supply line which was quickly repaired and water supply was restored on the same day.
(S.K. Sahoo)
Judge
(V. Narasingh)
Judge
NEWS ITEMS PUBLISHED IN DAILY
NEWSPAPERS RELATING TO CIVIC ISSUES OF CUTTACK CITY:ACTION TAKEN THEREON 299-A. One news item was published in the daily 14.08.2025 Odia newspaper under the heading of "SAHARARE SAATASAHA ASURAKHITA KOTHA".
As per order no.247 dated 19.06.2025, the Additional District Magistrate -cum- Nodal Officer, Page 41 of 60 Cuttack has submitted a report dated 13.08.2025, wherein it is stated as follows:-
(i) The Sub-Collector & S.D.M., Sadar, Cuttack has identified a total of 221 buildings in Cuttack City as unsafe, which are under the ownership of eight public authorities and two individuals. The detail list of these buildings has been annexed as Annexure-1 to the report;
(ii) The Sub-Collector & S.D.M., Sadar, Cuttack has instituted fifteen criminal cases under section 152 of Bharatiya Nagarik Suraksha Sanhita (BNSS) against the concerned public authorities and individuals.
Notices have also been issued to vacate, remove or demolish the unsafe structures by 17.08.2025. The report of the Sub-Collector & S.D.M., Sadar, Cuttack has been annexed to the report as Annexure-2. Till date, two numbers of responses received from the opposite parties (public authorities and individuals) are extracted hereunder:-
(a) The Joint Commissioner, CT & GST (M & C), Commissionerate of CT & GST, Odisha, Cuttack has informed that 72 numbers of quarters are Page 42 of 60 unsafe and inhabitable at New LIC Colony which are under the occupation of Commissionerate of CT & GST, Odisha, Cuttack have already been vacated and approval of Govt. in Finance Department has been obtained for construction of composite office building for CT & GST organization. In this regard, instructions have already been issued to Executive Engineer, R & B Division-
II, Cuttack to submit the estimate for demolition and construction of the proposed new building. The copy has been to the report as Annexure-3.
(b) The Asst. Registrar (Admin.) of Hon‟ble High Court of Orissa, Cuttack has issued direction to the Superintending Engineer, R & B Division-II, Cuttack to submit the status report in respect of four unsafe quarters identified in High Court Colony, Badambadi, Cuttack for further action. The copy has been to the report as Annexure-4.
(iii) All the Criminal Misc. Cases have been Page 43 of 60 posted for hearing on 19.08.2025 at the Office of the Sub-Collector & S.D.M., Sadar, Cuttack.
List this matter on 18.09.2025.
The Additional District Magistrate -cum- Nodal Officer, Cuttack shall apprise this Court by way of an affidavit regarding the status of vacating, removal and demolition of 221 unsafe building structures.
(S.K. Sahoo) Judge (V. Narasingh) Judge 299-B. Another news item was published in the 14.08.2025 daily Odia newspaper under the heading of "WEBSITE RE MILUNI WARD RA TATHYA."
The Commissioner, C.M.C., has submitted the report dated 17.06.2025 wherein it is stated all the information in respect of ongoing works, i.e. construction and repair of roads, construction and restoration of drains, desilting of drains and various sanitation activities etc. are being updated in the CMC website from time to time.
Similarly, the City Engineer, C.M.C. has filed a compliance report dated 12.08.2025, wherein Page 44 of 60 it is stated that all the information in respect of ongoing works i.e. construction and repair of roads, construction and restoration of drains, desilting of drains and various sanitation activities etc. in some nos. of wards out of total 59 wards of C.M.C. are updated in the C.M.C. website and rest of the wards will take more days for uploading of all the required information in the C.M.C. website and hence, steps are being taken to complete the total uploading process within 31st August, 2025.
It seems that the report of the C.M.C. Commissioner dated 17.06.2025 and the report of the City Engineer, C.M.C. dated 12.08.2025 relating to the updating of datas in the number of wards are contradictory.
However, Ms. Kirandeep Kaur Sahota, I.A.S., Commissioner, C.M.C. placed the compliance report submitted by the C.M.C. dated 14.08.2025, wherein it is stated that all the information in respect of ongoing works i.e. construction and repair of roads, construction and restoration of drains, desilting of drains and various sanitation activities etc., in some wards, out of total 59 wards of C.M.C. are updated in the C.M.C. website and the rest of the wards will take some more days for uploading of all Page 45 of 60 the required information and steps are being taken to complete the total uploading process within 31st August, 2025.
Compliance report filed by the C.M.C is taken on record.
(S.K. Sahoo) Judge (V. Narasingh) Judge BSWC DRAIN OF CUTTACK
300. As per order no.263 dated 11.07.2025, the 14.08.2025 Secretary, Housing & Urban Development Department was asked to file an affidavit clarifying the following position:-
(i) How the preparation of DPR was given to M/s Vision Tek Consultancy Services Pvt. Ltd., the background in which the decision to consult the IIT Bhubaneswar was not adhered to and the reason for assigning the work to VSSUT, Burla;
(ii) Whether any departmental/ administrative action is being contemplated against the errant officials including an inquiry by the State Vigilance Authorities into the alleged wrong doing, if any, in handling of the Project in question which Page 46 of 60 involves huge expenditure of public money and concerns the future of the Millennium City;
(iii) To indicate the time frame within which the entire exercise relating to BSWC drain would be completed;
(iv) The City Engineer was also directed to file an affidavit explaining the reasons as to why the preparation of DPR was assigned to M/s Vision Tek Consultancy Services Pvt. Ltd. and in the face of the Government decision to consult the IIT, Bhubaneswar, the services of VSSUT, Burla were requisitioned.
Smt. Usha Padhee, Principal Secretary, Housing & Urban Development Department, Govt. of Odisha has filed an affidavit dated 05.08.2025 wherein it is stated as follows:-
"3. That, it is humbly submitted that vide this Department Letter No.20859 dated 19.10.2023, it has been approved that Cuttack Municipal Corporation (C.M.C.) can procure the services of an exclusive PMC (Project Management Consultancy) at their level for the drainage works of "Construction of five nos. of major storm water drains i.e. BSWC (Branch Storm Water Channel) drains in Cuttack City" at C.M.C. level and the Page 47 of 60 expenditure towards services of the PMC shall be linked to deliverable in the drainage works.
Accordingly, M/s. Visiontek Consultancy Services Pvt. Ltd.,
Bhubaneswar was selected by C.M.C. for preparation of DPR for "Construction of five nos. of major storm water drains in Cuttack City" in a transparent manner through e- tender process. A copy of the letter dated 19.10.2023 is annexed herewith as Annexure-A.
4. That, it is humbly submitted that after detailed survey and inspection of the Cuttack City relating to alignment of proposed storm water drains and keeping in view the general topography, past rainfall data etc., the DPR has been prepared by the M/s. Visiontek Consultancy Services Pvt. Ltd.
5. That, it is humbly submitted that, the DPR submitted by the C.M.C. is technically scrutinized by the C.E.- cum-A.S. of the Department and is being returned from time to time with necessary technical observations for compliance.
6. That, it is humbly submitted that, recently, a technical review meeting Page 48 of 60 was held on 30.04.2025 on the DPR of the above 05 numbers of drains under the Chairmanship of the Chief Engineer -cum-
Additional Secretary, H. & U.D. Department, Govt. of Odisha to further review on the said DPRs.
In this regard, a letter was also issued to the Commissioner, C.M.C. vide letter No.12310 dated 30.05.2025 to vet the hydraulic designs by the IIT, Bhubaneswar.
However, the concerned PMC has submitted the hydraulic designs for vetting of Hydrology, Design/Drawing and Estimation for construction of 5 major storm water drains in Cuttack City to the VSSUT, Burla instead of IIT, Bhubaneswar.
7. That in this connection, it is pertinent to mention here that, during a recent interaction with the concerned officials of C.M.C. through video conferencing on 23.07.2025, it was intimated by the Principal Secretary to the Government that the City Engineer, C.M.C., had appraised the Govt.
that VSSUT, Burla, being an old and reputed institution has Page 49 of 60 efficiency at par with IIT, Bhubaneswar to vet the DPR.
Further, they have already vetted several Detailed Project Reports (DPRs) on Storm Water Drainage (Drainage Master Plan).
8. That, the PMC has confirmed that it has executed similar types of works earlier with necessary guidance of VSSUT, Burla. Hence, for expeditious vetting of the DPR, the PMC (M/s. Visiontek Consultancy Services Pvt. Ltd.) preferred vetting of the DPR from VSSUT, Burla in consultation with CMC.
9. That, it is humbly submitted that the matter has been dealt with bona fide with prime objective of quick execution of the project.
10. That, it is humbly submitted that the C.M.C. has submitted the duly vetted DPR by VSSUT, Burla vide their letter No.8511 dated 29.07.2025. After final scrutiny by the C.B.-cum-A.S., immediate steps shall be taken for accordance of Administrative Approval and Technical sanction and subsequent execution of the project "Construction of Five Major Storm Water Drains of Cuttack City". Copy of letter No.8511 Page 50 of 60 dated 29.07.2025 is annexed to the affidavit as ANNEXURE-B.
11. That, it is humbly submitted that arrangement for necessary funds shall be made from the Budget provision, 2025-26 and works shall be started within the present financial year."
Mr. Atanu Kumar Samanta, City Engineer, C.M.C. has filed an affidavit dated 21.07.2025 wherein it is stated as follows:-
"3. That, in this context, it is humbly submitted that the Government in Housing and Urban Development Department, vide Letter No.-20859 dated 19.10.2023 issued by the AFA-
Cum-Deputy Secretary to the Government had earlier intimated the C.M.C. to procure the services of an exclusive PMC (Project Management Consultancy) for execution of the drainage works of "Construction of five nos. of major storm water drain i.e. BSWC (Branch Storm Water Channel) Drains in Cuttack City" at C.M.C. level. Accordingly, necessary steps were taken by the C.M.C. for the said purpose. M/s. Visiontek Consultancy Services Pvt. Ltd., Bhubaneswar was selected for preparation of DPR for the said project in a transparent manner through e-Tender process. Copy of the Page 51 of 60 Government Letter dated 19.10.2023 is annexed herewith as Annexure-A/2 for kind perusal of the Hon‟ble Court.
4. That after detailed survey and inspection of the Cuttack City relating to alignment of proposed storm water drains and keeping in view the general topography, past rainfall data etc., the said Consultancy prepared the DPR. In this connection, it is pertinent to mention here that a meeting was held on 07.12.2023 under the Chairmanship of Engineer-In-Chief (EIC), OWSSB for Technical discussion on the said DPR and the deponent was asked to submit compliance as per the technical observations made in the meeting for taking further action in the matter.
In this connection, it is pertinent to mention here that, on 17.02.2024 the Chief Engineer -cum- Additional Secretary to the Government in Housing and Urban Development Department, referring to the above mentioned meeting held on 07.12.2023 under the Chairmanship of EIC, OWSSB communicated to the CMC to submit the DPR after necessary compliance.
In response to the said letter/instruction of the Government, Page 52 of 60 prior to submission of revised DPR to the Government, an inter-
departmental co-ordination -cum- review meeting was held under the Chairmanship of the Commissioner, C.M.C., in presence of representatives from various line departments on 29.07.2024.
In the said meeting, various technical aspects were suggested by the technical members for incorporation in the said DPR. Accordingly, the DPR was revised basing upon the technical suggestions and current labour rates in force. The said revised DPR was submitted to the Government vide Letter No.12733 dated 21.08.2024 by the Commissioner, C.M.C. with a request to accord technical sanction and administrative approval to the said project. Copy of the said letter dated 21.08.2024 is annexed herewith as Annexure-B/2 for kind perusal of the Hon‟ble Court.
5. That, after submission of DPRs by the C.M.C., the Chief Engineer -cum-
Additional Secretary to the Government in H. & U.D. Department returned the same to the C.M.C. vide Letter No.-2025 dated 30.01.2025 for Page 53 of 60 re-scrutiny as there were some shortfalls in the DPRs with instructions to re-submit the same after addressing the shortfalls mentioned therein. Copy of the Letter No.-2025 dated 30.01.2025 is annexed herewith as Annexure-C/2 for kind perusal of the Hon‟ble Court.
6. That, after addressing the said shortfalls, the DPR was re-submitted to the Housing and Urban Development Department for its approval.
Subsequently, a technical review meeting was held on 30.04.2025 on the said DPR of the above 05 numbers of drains under the Chairmanship of the Chief Engineer
-cum- Additional Secretary, H. and U.D. Department, Government of Odisha for further review of the said DPR.
7. That, the deponent humbly begs to submit that, in the said meeting dated 30.04.2025, vetting of DPRs by the IIT, Bhubaneswar was not discussed. Thereafter, the Government in Housing & Urban Development Department vide Letter No.-12310 dated 30.05.2025 to the Commissioner, C.M.C. mentioned that the hydraulic design be vetted by the IIT, Page 54 of 60 Bhubaneswar. However, the assigned PMC, i.e., M/s. Visiontek Consultancy Services Pvt. Ltd. sent the said DPR to the H.O.D., Civil Engineering Department, VSSUT, Burla instead of IIT, Bhubaneswar. Copy of the proceedings of the said Meeting is annexed herewith as Annexure-D/2 for kind perusal of the Hon‟ble Court.
8. That in this connection, it is humbly submitted that when the matter was discussed with M/s. Visiontek Consultancy Services Pvt. Ltd. regarding submission of DPRs to VSSUT, Burla, the said Consultancy stated, inter alia, that their organization has also done similar types of works with proper guidance of VSSUT, Burla and the Professors of Civil Engineering, VSSUT, Burla have the experience and the necessary expertise in hydraulic analysis, which is essential for the project. Copy of the letter dated 19.07.2025 received from the Director, M/s. Visiontek Consultancy Services Pvt. Ltd. in this regard is annexed herewith as Annexure-E/2 for kind perusal of the Hon‟ble Court.
9. That, in this context, it is humbly submitted that the vetting of DPR by IIT, Bhubaneswar was not Page 55 of 60 discussed in the Technical Review Meeting held on 30.04.2025 under the Chairmanship of the Chief Engineer -cum- Additional Secretary to Govt. in H. & U.D. Department and it was also not mentioned in the proceedings of the said review meeting. Hence, it was unfortunately overlooked. However, the submission of the DPRs to the VSSUT, Burla was done bona fide for expeditious vetting and execution of the project keeping in view the urgency and the public interest involved in it. In the meanwhile, it is learnt from the said Consultancy that VSSUT, Burla shall submit the DPRs by 25.07.2025 after necessary vetting.
10. That, in view of the above facts and circumstances, the deponent humbly begs to submit that, in the meantime, the Govt. in Housing & Urban Development Department has been requested that after receipt of the said DPRs from VSSUT, Burla, if the Government desires, the same may be submitted to the IIT, Bhubaneswar for rechecking/further vetting."
The City Engineer, C.M.C. has filed a Page 56 of 60 compliance report dated 12.08.2025, wherein it is stated that on 24.07.2025, the VSSUT, Burla had submitted the vetted DPRs in C.M.C., which has already been submitted to the Govt. in H. & U.D. Department vide C.M.C. Letter No.8511 dated 29.07.2025 for necessary technical sanction and administrative approval. A copy of the letter has been annexed to the compliance report.
After going through the affidavits filed by the Principal Secretary, Housing & Urban Development Department, Govt. of Odisha and the City Engineer, C.M.C., we want the following clarifications:-
(i) When a technical review meeting was held on 30.04.2025 on the DPR of the five numbers of drains under the Chairmanship of the Chief Engineer
-cum- Additional Secretary, H. & U.D. Department, Govt. of Odisha to further review on the said DPRs and in that connection, a letter was issued to the Commissioner, C.M.C. vide letter No.12310 dated 30.05.2025 to vet the hydraulic designs by the IIT, Bhubaneswar, how the concerned PMC (Project Management Consultancy) submitted the hydraulic designs for vetting of Hydrology, Design/Drawing and Estimation for construction of five Page 57 of 60 major storm water drains in Cuttack City to the VSSUT, Burla instead of IIT, Bhubaneswar ignoring the letter of the Govt?
(ii) When during the interaction with the concerned officials of C.M.C. through video conferencing on 23.07.2025, the City Engineer, C.M.C. appraised the Govt. that VSSUT, Burla, being an old and reputed institution has efficiency at par with IIT, Bhubaneswar to vet the DPR and that they have already vetted several Detailed Project Reports (DPRs) on Storm Water Drainage (Drainage Master Plan) and that the PMC has confirmed that it has executed similar types of works earlier with necessary guidance of VSSUT, Burla, for expeditious vetting of the DPR, the PMC (M/s. Visiontek Consultancy Services Pvt. Ltd.) preferred vetting of the DPR from VSSUT, Burla in consultation with CMC, why explanation was not called for from the City Engineer, C.M.C. for deviating from the suggestion of the Govt. vide letter No.12310 dated 30.05.2025 to vet the hydraulic designs by the IIT, Bhubaneswar?
(iii) Why the Govt. did not verify whether the appraisal made by the Page 58 of 60 City Engineer, C.M.C. that VSSUT, Burla, has already vetted several Detailed Project Reports (DPRs) on Storm Water Drainage (Drainage Master Plan) is correct or not particularly taking into account the huge cost to be incurred by the Govt. on this project?
(iv) Whether the statement made in the affidavit of the City Engineer, C.M.C. that in the meeting dated 30.04.2025, vetting of DPRs by the IIT, Bhubaneswar was not discussed and that, it was also not mentioned in the proceedings of the said review meeting, but all the same, the Government in Housing & Urban Development Department vide Letter No.12310 dated 30.05.2025 issued to the Commissioner, C.M.C. mentioned that the hydraulic design be vetted by the IIT, Bhubaneswar, is correct?
Let the Principal Secretary, Housing & Urban Development Department, Govt. of Odisha submit clarifications regarding the above by the next date, by way of an affidavit.
The affidavit to be filed by the Principal Secretary, Housing & Urban Development Department, Govt. of Odisha shall also indicate the Page 59 of 60 details of the number of projects of this nature relating to hydrology and drainage for which DPRs have been vetted by the VSSUT, Burla and the status of the such projects.
List this matter on 18.09.2025.
(S.K. Sahoo) Judge (V. Narasingh) Judge Page 60 of 60