Orissa Court May 1998 Judgments
Rabindranath Nayak and anr. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-15-1998
Reported in: AIR1998Ori205; 86(1998)CLT224; 1998(II)OLR168
Pasayat, J.1. Those two writ applications stated to have been filed in public interest contain unusual prayers. Normally reservation is sought for in respect of those who are deficient and cannot compete on merit. In these cases prayer in instant writ petition filed in public interest is to give reservation for merit.2. A brief reference to the factual aspects would suffice. O.J.C. No. 3867 of 1997 has been filed by a learned counsel of this Court praying for a direction to the opposite parties to give weightage to the best scholars of the Universities, whilcmaking selections for Post Graduate studies in the medical col leges of the State. Petitioner in the other writ application, i.e., O.J.C. No. 12,458 of 1997 has more or less come with similar prayer. According to her, at least 5% reservation for the toppers of the State should be made in respect of subjects of their choice in the matter of admission into Post Graduate course and higher specialities for medical training. Prayer has ...
Tag this Judgment!Dilip Kumar Patnaik Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-15-1998
Reported in: AIR1998Ori213
Pasayat, J.1. As the three writ applications involve identical disputes, they are taken up together. Petitioner in each case questions settlement of contracts in respect of computerisation of land records of several districts of the State. Petitioner Dillip Kumar Patnaik, petitioner in O.J.C. No. 11482 of 1997 makes grievance in respect of Ganjam district whereas Ashok Agarwalla, petitioner in O.J.C. No. 17194 of 1997 makes grievance in respect of districts of Cuttack, Jajpur, Jagatsghpur, Kendrapara, Puri, Khurda, Nayagarh, Dhenkanal, Angul and Boudh. Petitioner M/s Computer Action Pvt. Ltd. in O.J.C. No. 3949 of 1998 makes grievance in respect of districts of Ganjam, Gajapati. Dhenkanal and Angul.2. Common background facts as presented by the petitioners are as follows:The Director of Land Records and Survey, Orissa, Cuttack wrote to various concerns intimating them about the computerisation of land records for various districts. For this purpose it was proposed to entrust the Data E...
Tag this Judgment!Orissa State Commercial Transport Corporation Employees' Union Vs. Ori ...
Court: Orissa
Decided on: May-15-1998
Reported in: (1999)IILLJ651Ori
S.N. Phukan, C.J. 1. This writ petition has been filed on behalf of the employees of the Orissa State Commercial Transport Corporation through their union against the decision of the Government to close down the Orissa State Commercial Transport Corporation Ltd. (for short, 'the Corporation') with effect from May 30, 1998. 2. The Corporation is an instrumentality of the State coming under Article 12 of the Constitution. In the year 1961, the State Government formulated an integrated scheme under which ores were to be mined from different mines of Orissa, transported to Paradip Port and exported to overseas countries. On September 7, 1961, there was high level meeting in which it was decided to form Orissa Mining Corporation for the purpose of raising and despatching minerals from the mines and also to form a separate transport organisation for the purpose of transporting ores from the mine-heads to Paradip Port. Accordingly, Paradip Transport Department was established in the year 1961...
Tag this Judgment!Abhimanyu Mandal and ors. Vs. State Bank of India and ors.
Court: Orissa
Decided on: May-15-1998
Reported in: 86(1998)CLT834; (1999)IILLJ59Ori
A. Pasayat, J. 1. As all these writ applications involve identical disputes they were heard together, and this judgment shall govern each one of them.2. Factual position is almost undisputed and essentially is as follows:Petitioner in each case has prayed for a direction to the State Bank of India (in short, the 'Bank/S.B.I') and its functionaries to give him appointment by filling up 140 sanctioned posts of messengers. Their claim is based on a list prepared earlier, which has been described as 1990 panel list. In November, 1990 an interview was held for selecting candidates for preparation of a panel from the persons who had rendered temporary services as messengers under the Bank in order to consider their cases for regular appointment, as and when posts were sanctioned. In the said interview 189 candidates were found suitable and a panel list was prepared. Number of persons were working under different branches of the Bank purely on temporary basis appointed for specific periods. Q...
Tag this Judgment!Saroj Kumar Rout and ors. Vs. Orissa Public Service Commission and ors ...
Court: Orissa
Decided on: May-15-1998
Reported in: 1998(II)OLR8
S.N. Phukan, C.J.1. By this common judgment, we dispose of the aforesaid batch of writ petitions. In some of the writ petitions, we have taken suo motu action on receiving letters.2. The Orissa Public Service Commission (for short, the O.P.S.C.) issued an advertisement inviting application for admission to Combined Competitive Examination, 1997 for appointment to different posts in Orissa Civil Service. A reference has been made to Orissa Civil Services (Combined Recruitment Examination) Rules, 1991. Rule III provides for direct recruitment. According to column-2 of Schedule I of the Rules, direct recruitment has to be done through competitive examination, under the relevant rules, regulations, resolutions, etc. The Commission has to recommend under Rule 50 a merit list of the candidates. Rule 4 deals with holding of examination in the manner prescribed in Schedule II. Applications of all the petitioners were found valid and they appeared in the Orissa Civil Services Preliminary Examin...
Tag this Judgment!Satyabrata Dash Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: May-15-1998
Reported in: 1998(II)OLR14
S.N. Phukan, C.J.1. The writ petitioner has assailed the notification issued by the Housing and Urban Development Department, Government of Orissaon 8.1.1997 under Sub-rule (6) of Rule 67 of the Orissa Municipal (Delimitation of Wards, Reservation of Seats and Conduct of Elections) Rules, 1994. The notification is at Annexure-4. By the said notification office of the Chairpersons of some Municipalities has been reserved under Sub-section (4) of Section 47 of the Orissa Municipal Act, 1950 (for short 'the Act'). Under the impugned notification the office of the Chairperson of Dhenkanal Municipality was reserved for backward class citizens.2. According to the writ petitioner, the said notification was issued without taking into consideration the population factor of backward classes of the area, which is the requirement under the constitutional amendment. It has also been stated that from its inception the office was meant for general citizens, but not resereved either for S.C./S.T. or a...
Tag this Judgment!Sri Durga Construction Vs. Sales-tax Officer, Ganjam Ii Circle
Court: Orissa
Decided on: May-15-1998
Reported in: 1998(II)OLR255
A. Pasayat, J.1. This is third journey of the petitioner to this Court in the matter of its prayer to issue a certificate in terms of Section 14-AA (5)(a) of the Orissa Sales Tax Act, 1947 (in short, the 'Act') read with Rule 37D of the Orissa Sales Tax Rules, 1947 (in short, the 'Rules').2. Factual position so far as undisputed and relevant for the purpose of adjudication of this case is as follows :Petitioner carries on contract work under the Executive Engineer, DSARP Division No. II, Sorada in the district of Ganjam. It has been awarded with a contract work vide Agreement No. DL/1/ ACE/95-96 for treatment to creast of Dam including surface drainage arrangement of Sorada Dam. The original contract price was about Rs. 6.89 crores which has been subsequently revised to Rs. 8.85 crores. According to the petitioner, the work in volves earth excavation job, which is labour intensive in nature leaving aside a very negligible percentage towards materials and as such the work is not eligibl...
Tag this Judgment!Sri Adwait Chandra Jena Vs. Khandahata Grama Panchayat and ors.
Court: Orissa
Decided on: May-15-1998
Reported in: 1998(II)OLR410
A. Pasayat, J.1. Finding somewhat divergent views expressed in Dinabandhu Swain v. State of Orissa and Ors. : 1997 (II) OLR 229; and in Kashinath Pani v. Social Extension Officer, Gumma Block and Ors. : 1996 (II) OLR 661, the present reference has been made to the Full Bench to decide the question whether Secretary of a Grama Panchayat appointed under Orissa Grama Panchayat Act, 1964 (in short, the 'Act'), and the Orissa Grama Panchayat Rules, 1968 (in short, the 'Rules') holds a civil post under, the State Government, and therefore, any dispute relating to his service conditions has to be adjudicated by the Orissa State Administrative Tribunal (in short, the 'Tribunal'). In Kashinath Pani's case (supra) it was observed that the Secretary of a Grama Panchayat does not hold civil post. In Dinabandhu Swain's case (supra) though no final opinion was expressed, it was observed that no opinion was necessary to be expressed, and the point was left open for adjudication in appropriate cashes,...
Tag this Judgment!Rama Chandra Sahu Vs. Adikanda Panigrahi and ors.
Court: Orissa
Decided on: May-15-1998
Reported in: 86(1998)CLT781; 1999CriLJ649
ORDERA. Pasayat, J. 1. Undaunted by several adverse adjudications petitioner has filed this revision against the order passed by the learned Special Judge cum-Sessions Judge, Ganjam, Berhampur in 2(c) C.C. No. 9 of 1993, holding that the prosecution was not barred by limitation and there was no force in the prayer of the petitioner to discharge him.2. Background facts sans unnecessary details are as follows :Alleging violation of Clause 9 and 14 of the Orissa Rice and Paddy Procurement (Levy and Restrictions on Sale and Movement) Order, 1982 (in short, 'Movement Order') by the petitioner and three others, thereby making them punishable under Section 7 of the Essential Commodities Act, 1953 (in short, the 'Act'), prosecution report was submitted against them by Shri Adikonda Panigrahi, the then Inspector of Supplies, Ganjam (hereinafter referred to as 'informant') indicating that on verification of records discrepancy was found in stock during verification on 1-3-1992. Prosecution repor...
Tag this Judgment!Centre for Environmental Law World Wide Fund for Nature (Wkf), India V ...
Court: Orissa
Decided on: May-14-1998
Reported in: AIR1999Ori15
Pasayat, J. 1. Petitioner and some of the intervenors, who wanted to be heard in the matter, have alleged that the people, flora and fauna are directly and adversely affected by various activities which are going on in and around the Bhitarkanika Wildlife Sanctuary, and have prayed for stoppage of project to construct a fish landing centre at Talchua. They express concern that these activities would have adverse effect on the Bhitarkanika Ecosystem including the. Olive Ridley sea turtile habitat. Some of the opposite parties have characterised the petition as a publicity seeking gimmick. They have asserted that the petitioner, and large number of such so-called environment lovers are in reality perpetrating fraud on the judicial system by presenting 'publicity interest litigation' in the garb of public interest litigation. These persons are busy bees, publicity hungry and make wild, baseless allegations and present a distorted version far fetched from reality. They assert that a large ...
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