Orissa Court April 1971 Judgments
Biswanath Sahu Vs. State of Orissa
Court: Orissa
Decided on: Apr-15-1971
Reported in: 37(1971)CLT656; (1971)IILLJ147Ori
B.K. Patra, J.1. The petitioner who is a Matriculate was appointed as a Lower Division Assistant in the Health Department. Annexure-C which is the order of appointment stated that the appointment was subject to his passing the Public Service Recruitment Examination.2. Rule 3 of the Orissa Ministerial Service (Method of Recruitment and Conditions of Service of Lower Division Assistants in the Offices and the Departments of the Secretariat) Rules, 1951 (hereinafter referred to as the Rules) provides that the recruitment to the service shall be made by means of a competitive examination to be held once every year. Admittedly, no examination was held in the year 1965. On 6-10-1966, a notice was issued by the Public Service Commission calling for applications from candidates desirous of appearing at the recruitment examination. Admittedly, by that date, the petitioner was over-aged and was, as such, not qualified to appear in the examination. As the petitioner could not and did not appear a...
Tag this Judgment!Narayan SwaIn Vs. Narendra Kumar Sahu and ors.
Court: Orissa
Decided on: Apr-09-1971
Reported in: 37(1971)CLT468
G.K. Misra, C.J.1. The petitioner was declared elected as Sarpanch of Khalarda Grama Panchayat on 15-5-70. Opposite Party No. 1 filed an election petition under Section 31 of the Orissa Grama Panchayat Act. 1964 (Orissa Act 1 of 1965) (hereinafter to be referred to as the Act) challenging the election. He also filed Misc. Case No. 197 of 1970 asking for an interim injunction debarring the petitioner from holding the office of the Sarpanch. The Munsif. 1st Court Cuttack (Opposite Party No. 3) passed an ex parte order of injunction on 18-7-1970. The petitioner subsequently filed an objection for reviewing that order alleging that under Section 31 (2) of the Act such an order was without jurisdiction. The objection was overruled by an order (Annexure 2) dated 7-9-1970 as a result of which the ex parte order of injunction subsisted. It is against this order that the writ application has been filed. On 28th of September 1970 a Bench of this Court granted interim stay of the operation of the...
Tag this Judgment!Harinarayan Bohidar Vs. the Sambalpur University
Court: Orissa
Decided on: Apr-05-1971
Reported in: AIR1972Ori56
G.K. Misra, C.J. 1. The petitioner was a candidate at the Pre-University Examination of the Sambalpur University held in the month of April, 1970 and was appearing in the examination for logic at the Gangadhar Meher College Centre. The result of the examination of the petitioner was cancelled and he was debarred by the University from appearing in any examination prior to the second examination of 1971 on the ground that he took recourse to unfair means in the examination. The petitioner's grievance is that no reasonable opportunity was given to him for explaining the charges and though the charges were not established by any acceptable evidence, the punishment was imposed. The opposite party's case is that the charges were duly proved and the petitioner was given reasonable opportunity of explaining the charges.2. Annexure A to the writ application, dated 2nd of June, 1970, was served on the petitioner. It runs thus:'From Dr. R.N. Misra, M.Sc. Ph.D., Deputy Registrar, To Sri Harina...
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