Kalia @ Susanta Kumar Tarei Vs. State of Orissa - Court Judgment

Excerpt:
- labour & services pay scale:[tarun chatterjee & r.m. lodha,jj] fixation - orissa service code (1939), rule 74(b) promotion - government servant, by virtue of rule 74(b), gets higher pay than what he was getting immediately before his promotion - circular dated 19.3.1983 modifying earlier circular dated 18.6.1982 resulting in reduction of pay of employee on promotion held, it is not legal. statutory rules cannot be altered or amended by such executive orders or circulars or instructions nor can they replace statutory rules. - 20,000 (twenty thousand) with 2 sureties solvent for the like amount to the satisfaction of the learned j.r.n. biswal, j.1. heard learned counsel for the petitioner & learned addl. standing counsel for the state on the petition under section 439 of cr.p.c.2. the petitioner is said to have committed offence under sections 302/34 of i.p.c. in g.r. case no. 338 of 2008 pending before the court of the learned j.m.f.c., pattamundai on the allegation that he assaulted the deceased with a silapua, causing his death. learned counsel for the petitioner submits that as found from the f.i.r. three other persons assaulted the deceased with crow bar sped etc. causing his death. the informant is the brother of the deceased himself. in his statement under section 161 of cr.p.c., he also stated that three other persons assaulted the deceased with crow bar and sped leading to his death. however, two of the witnesses one of whom did not know the petitioner earlier stated that the petitioner confessed before them to have murdered the deceased. basing upon the statement of those witnesses charge sheet has been submitted under section 302 of i.p.c. against the petitioner alone. learned counsel for the petitioner submits that because of political rivalry, the case has been foisted falsely against the petitioner.3. taking into consideration the facts & circumstances of the case, the prayer for bail is allowed.4. let the petitioner be released on bail of rs. 20,000 (twenty thousand) with 2 sureties solvent for the like amount to the satisfaction of the learned j.m.f.c., pattamundai in the aforesaid case.5. accordingly, the blapl stands disposed of.6. urgent certified copy of this order be granted on proper application.