Court : Orissa
Reported in : AIR1969Ori220; 35(1969)CLT55
Barman, C.J.1. The petitioner a resident of Orissa (at Parlakhimedi) belonging to Konda Kapu Scheduled Tribe, challenges the order dated July 10, 1964 of the Director of Posts and Telegraphs. Orissa Circle, by which the petitioner then officiating as Inspector of Post Offices, Aska Sub Division, was reverted to his substantive post of clerk, Puri Division.2. In 1956 the petitioner was appointed as a Clerk under the Posts and Telegraphs Department and the same year he was made permanent. By virtue of his caste and having qualified himself in the Inspector's Examination held in 19G3 the petitioner was appointed as Inspector of Post Offices on May, 7, 1964. But on July 10, he was reverted to his substantive post of Clerk by the impugned order.3. On July 27, 1964 the petitioner made a representation against the order of reversion. In reply to the representation the Director of Posts & Telegraphs intimated to the petitioner on August 6, 1964, the grounds of his reversion, namely, that the p...
Tag this Judgment!Court : Orissa
Reported in : 1969CriLJ1172
G.K. Misra, J.1. The appellant has been convicted under Section 302 I.P.C. and sentenced to imprisonment for life.2. The appellant was working as a sweeper in the Primary Health Centre at Manmunda Hospital. A quarters had been allotted to him within the premises of the said hospital. He was living with his wife the deceased. On 4,8.1966 the accused went to P-W. 9, who was working as a Dhai in the said Health Centre, and told her that he assaulted his wife. P. W. 2 intimated this fact to P. W. 3 who is a servant of the Primary Health Centre. The appellant also went to Manmunda Police Station at about 7 A. M. and told the writer constable (P. W. 1) that he assaulted his wife severely. A station diary entry was made to that effect and be was detained in the Police Station.P. W. 1 went to the spot and found the deceased with bleeding injuries on her head lying in a senseless state. Her glass bangles were lying broken. There was a piece of stone lying in the room with bloodstains. The decea...
Tag this Judgment!Court : Orissa
Reported in : 35(1969)CLT90; (1969)IILLJ207Ori
S. Barman, C.J.1. The petitioners, Hochtief Gammon, a firm of civil engineers and contractors having their office at Rourkela, challenge the order of the Government of Orissa, Labour Department, dated 27 July 1964, in Industrial Dispute Case No. 6 of I860 in the Court of the presiding officer, industrial tribunal, Orissa. By the said order Government held that they did not find any material, on the basis of the petition dated 20 May 1964 filed by the petitioners, to include Hindusthan Steel, Ltd., Rourkela, as a party in the said case.2. On 14 November 1960, the Government of Orissa referred to the industrial tribunal an alleged industrial dispute between the petitioners and their workmen. The issue referred for adjudication was this:Whether the workers of Hochtief Gammon, civil engineers and contractors, Rourkela, are entitled to bonus, and if so, what should be the quantum 3. In the said industrial dispute case the petitioners made an application to the industrial tribunal to make Hi...
Tag this Judgment!Court : Orissa
Reported in : AIR1970Ori54; 1970CriLJ580
G.K. Misra, J. 1. The appellant has been convicted under Section 302 I. P. C. and sentenced to imprisonment for life.2. There was some ill-feeling between the accused and the members of the family of the deceased. In the afternoon of 1-12-63 the deceased was going to bring fuel from the forest. All of a sudden the accused came out of his house armed with a bow and arrows and told the deceased that he would kill him. He shot an arrow which pierced the left side of the chest of the deceased who died instantaneously. The accused absconded from the village and was arrested only on 26-9-65. The evidence of the prosecution witnesses was recorded under Section 512 Cr. P. C. in the absence of the accused. The defence is one of complete denial. The learned Sessions Judge held that the death was homicidal and that the accused killed the deceased.3. The findng that the death was homicidal is fully supported by the evidence of the Doctor (P. W. 8). There was a punctured wound. The lower portion of...
Tag this Judgment!Court : Orissa
Reported in : 35(1969)CLT172; (1969)IILLJ200Ori
S. Barman, C.J.1. The industrial dispute, out of which this writ petition filed by the employer, Hindusthan Steel, Ltd., Rourkela, was referred to the labour court by the Government of Orissa was in these terms:Whether the termination of the service of Ghanashyam Panda of the Power Plant of Hindusthan Steel, Ltd., Rourkela is proper If not, what relief he is entitled to?2. The labour court, by its award dated 23 May 1964, found that the termination of the services of the said workman G.S. Panda is not justified and directed the management to reinstate him as early as possible with full back-wages as stated in the award. It is this award which is being challenged in this writ petition.3. On 17 August 1959, G.S. Panda was offered the post of fitter in Hindusthan Steel, Ltd., for three years being the duration of his appointment. On 10 January 1961 he was promoted to the post of electrical fitter with effect from the date he assumed charge of his new assignment. In the order of promotion ...
Tag this Judgment!Court : Orissa
Reported in : 35(1969)CLT1067; (1969)IILLJ316Ori
Barman, C.J.1. The point involved in this writ petition is whether a teacher of a private school taken over by Government may be transferred by Government from one school to another. The question arises in the following circumstances.2. On 1 February 1943, the petitioner was appointed as an assistant master in B.M. High School, Bhubaneswar, and had been teaching in that school since then. On 2 January 1958, the Director of Public Instruction, Orissa, wrote a letter to the secretaries of all high schools proposing to take them over on certain conditions. It was mentioned in the said letter that the managing committee must agree to accept the revised rules prescribed by Government and to observe such rules in addition to, or in place of, those already prescribed by the Orissa Education Code in general, and particularly the rules relating to the constitution, term of office, powers and functions of the managing committee, appointment of teachers and use of school funds; that if the commit...
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori286; 35(1969)CLT248; 1969CriLJ1419
G.K. Misra, J.1. The respondents, 24 in number, were charged under Sections 148, 454, 427, 380 and 395/149, I. P. C. for unlawfully entering upon the paddy field of one Abdul Samad and removing the crops and also for having committed dacoity in his house. In view of the fact that the case is not being finally disposed of, it is not necessary to state the details of the prosecution case and the defence. After trial, all the respondents were acquitted and the State has filed this appeal against the order of acquittal,2. In course of hearing, it came to our notice that Biswanath Sahu, (P. W. 13)was an approver. He had not been examined in the committing Court. A question was raised whether the commitment and the trial are vitiated on account of his non-examination.3. Section 337, Criminal P. C., so far as is relevant, runs thus:--'Sub-section (2). Every person accepting a tender under this section shall be examined as a witness in the Court of the Magistrate taking cognizance of the offen...
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori176; 35(1969)CLT35; 1969CriLJ990
B.K. Patra, J. 1. The four appellants along with 23 others were prosecuted on charges under Sections 147, 302/149, 436/149 and 380/149 I. P. C. The other 23 accused persons were acquitted of all the charges. Appellants 1, 2 and 3 who were accused Nos. 9, 10 and 11 respectively in the trial court were convicted under Section 147 I. P. C. and sentenced to undergo R. I. for one year each. Appellant No. 4 who was accused No. 21 in the trial Court was convicted under Sections 147 and 436/149. For his conviction under Section 436/149 I. P. C. he was sentenced to undergo R. I. for 5 years and no separate sentence was awarded for his conviction under Section 147 I. P. C. The four appellants were acquitted of all the other charges framed against them. 2. Communal riots took place in Rourkela and its suburbs in March, 1964. The incidents which gave rise to the present proceeding took place on the night of 21st March, 1964 at Biramitrapur which is 20 miles off from Rourkela. Prior to 20th March t...
Tag this Judgment!Court : Orissa
Reported in : AIR1969Ori102; 1969CriLJ623
G.K. Misra, J.1. The appellant has been convicted under Section 302 I, P. G. and sentenced to imprisonment for life.2. The prosecution case is that on 22-9-65 a child of 3 years was playing in the village street. The accused came out of his house brandishing an axe and gave a sudden blow with its sharp side on the neck of the child. The boy fell down and died instantaneously. With the blood stained axe the accused ran into the adjoining jungle. The villagers searched for him, but could not trace him out. On 23rd morning the accused returned to his house without the axe. The accused pleads insanity. The learned Sessions Judge held that the death was homicidal and the accused killed the deceased. He rejected the plea of insanity.3. That the death of the child was homicidal and that the accused killed him with his axe are not challenged before us. P. Ws. 1, 2 and 3 are the eye-witnesses. They vividly describe as to how the accused came out with his axe and killed the child by giving a sud...
Tag this Judgment!Court : Orissa
Reported in : 35(1969)CLT186; 1969CriLJ1086
ORDERB.K. Patra, J.1. The petitioner was convicted under Section 379, I.P.C., by a First Class Magistrate, Puri and sentenced to pay a fine of Rs. 500 in default to undergo R. I. for a term of 6 months. The conviction was upheld in appeal by the Sessions Judge, Puri, but he reduced the fine to Rs. 200 in default of payment of which the petitioner was directed to undergo B. I. for 2 months. Some other persona who were prosecuted along with the petitioners were acquitted in the trial Court.2. The dispute in this cage relates to Al. 71 Acres of laud pertaining to khata No. 286 situate in mouza Tarakor. The case of the opposite party, who was the complainant in the trial Court is that his father Banoha Das was in possession of the land and after his death it is the opposite party, who has been in possession thereof and as usual raised Babi crop on the land in the year 1963. :0n 4-3-68 he uprooted biri and mung crop from the land and was removing the same in a cart when the petitioner along...
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