Orissa Court November 2000 Judgments
Deep Kumar Thadani Vs. Chairman, Admission Sub-committee, Joint Entran ...
Court: Orissa
Decided on: Nov-15-2000
Reported in: AIR2001Ori61; 2001(I)OLR28
ORDERL. Mohapatra, J. 1. The petitioner in this writ application has challenged the action of the opposite parties 1 and 2 in denying him admission into Architecture Course in Government Colleges and has prayed for a direction to the said opposite parties to admit the petitioner in Architecture course in any of the Government colleges. 2. Case of the petitioner is that he passed All India Secondary School Examination in the year 1998 from D. A. V. Public School. He appeared in +2 Science Examination and was placed in first Division from the Central Board of Secondary Education. The petitioner appeared in the Joint Entrance Examination of 2000 held for admission into the Engineering and Architecture and was placed in the 71st rank in the merit list of candidates for Architecture under general category and secured 4068 position in the merit list in Engineering stream under the general category. The examination was held on 20th and 21st of May. 2000 and the petitioner had been assigned Ro...
Tag this Judgment!Sri Brajananda Nayak and 2 Others Vs. State of Orissa
Court: Orissa
Decided on: Nov-14-2000
Reported in: 91(2001)CLT389; 2001(I)OLR500
ORDER1. Heard.In this application u/s. 482. Cr.P.C. petitioners challenge the order dated 25-1-2000 of the J.M.F.C. Basudevpur in G. R. Case No 686 of 1999. By that order learned J.M.F.C., after fresh pesusal of the statement of the Case Diary and also the statements u/s. 164, Cr. P. C., added the petitioners as accused persons and directed to issue non-bailable warrant of arrest against them. The said three persons assail that order on the ground thatlearned J.M.F.C. had no jurisdiction to pass such an order at that stage of the proceeding.2 It is not disputed at the Bar that after submission of the Final Form (Charge-sheet) learned J.M.F.C. while taking cognizance, issued process against the accused persons named in the charge-sheet. On a subsequent date, i.e., on 13-10-99 the prosecution filed an application to add the petitioners as the accused persons and to issue process against them. While disposing of that application, learned J.M.F.C., Basudevpur passed the impugned order.3. L...
Tag this Judgment!Uma Charan Patnaik Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-14-2000
Reported in: 2001(I)OLR15
L. Mohapatra, J.1. The petitioner in this writ application has challenged the legality of the office order No. 16273 dated 20th May, 2000 issued by the Under-Secretary to Government of Orissa in Housing and Urban Development Department for placing the petitioner under suspension as well as the order of suspension dated 27.6.2000.2. The petitioner was appointed as a Junior Clerk in the year 1963 in Berhampur Municipality. He was promoted to the post of Senior Assistant in the year 1981. While working as such, he was directed to discharge the duties of Tax Daroga from 1993 onwards and he was continuing in the same post till the order of suspension was passed. The case of the petitioner is that from 1963 till 2000 there was no allegation whatsoever with regard to dereliction in duty or deficiency in service. A Vigilance Proceeding was initiated against the petitioner Under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act vide Berhampur Vigilance P.S. Case No. 2...
Tag this Judgment!Mayadhar Meher Vs. State of Orissa and ors.
Court: Orissa
Decided on: Nov-14-2000
Reported in: 2001(I)OLR38
L. Mohapatra, J.1. The petitioner in this writ application has prayed for a direction to quash Annexure-5 in which his claim for payment of salary in Trained Graduate Scale has been rejected, and for a further direction for payment of salary in the Trained Graduate Scale from 1.6.1983.2. Case of the petitioner is that he was appointed in Pallishree High School as an Assistant Teacher against the post of trained Matric in 1975. At the time of appointment the petitioner was a Graduate in Science. Subsequently he was allowed to draw I.A.C.T. scale of pay from 5.8.1976 on the basis of a proposal submitted by the Managing Committee. The petitioner acquired B.Ed. qualification on 18.8.1979 and by that time the school was an aided one. Due to introduction of ten class syllabus in the High School, a new revised staffing pattern for a High School with Classes VIII to X was introduced and the said revised yardstick came into force with effect from 1.6.1983. In the said revised yardstick the post...
Tag this Judgment!Dibakar Mohanty Vs. Steel Authority of India Ltd. and ors.
Court: Orissa
Decided on: Nov-14-2000
Reported in: 94(2002)CLT244
L. Mohapatra, J. 1. The petitioner retired as Senior Loco Operator on 30th June, 1992 on superannuation. His prayer in the writ application is for payment of gratuity, revised scale of pay of L-9 grade for the period from 1.1.92 to 29.6.92, revised scale of pay of L-10 level till 30.6.92, salary for the month of June, 92, leave salary for 5 months, annual bonus for 1991-92 and Ors. pecuniary benefits.2. Opposite parties have filed a counter stating that the amount claimed by the petitioner has not been disbursed since he has not vacated the Company's quarter allotted to him even though he has been superannuated since 30th June, 1992. For such unauthorised occupation of the quarter proceeding was initiated in which an order of eviction was passed. The said eviction order was challenged in appeal by the petitioner and an interim order of stay was granted, On the application of the opposite parties the stay order was vacatedand the same has been challenged before this Court in OJC No. 180...
Tag this Judgment!Budhimanta Biswal and anr. Vs. Union of India (Uoi) and ors.
Court: Orissa
Decided on: Nov-14-2000
Reported in: 2000(II)OLR705
L. Mohapatra, J.1. The petitioners have filed this writ application challenging the action of opposite parties 2 to 5 in declining to give appointment to petitioner No. 2 (son of petitioner No. 1) on compassionate ground.2. The case of the petitioners is that petitioner No. 1 was working as a Daftary in the State Bank of India at Kamakshyanagar Branch and had put in more than 36 years of service. While he was continuing as such, his vision in both his eyes deteriorated and on 1.6.1994 the petitioner No. 1 was examined by the Professor and Head of the Department of Ophthalmology of S.C.B. Medical College and Hospital, Cuttack. It was found that the petitioner No. 1 was suffering from Temporal Optic Atrophy with Senile Mucular Degeneration of both the eyes and the Professor on examining the petitioner was of the opinion that there is no possibility of improvement even by use of glasses and suggested that the petitioner should be treated as invalid for further continuance in service. Peti...
Tag this Judgment!Sk. Younus Vs. State of Orissa
Court: Orissa
Decided on: Nov-13-2000
Reported in: 2001CriLJ2768
ORDERP.K. Tripathy, J.1. In this application Under Section 482, Cr. P.C. petitioner prays to set aside the order of the learned S. D. J. M., Bhubaneswar dated 1-5-2000 passed in G. R. Case No. 3401 of 1999.2. The undisputed relevant factual position is that petitioner is an accused in the said G. H. Case on the allegation of committing the offences punishable Under Section 454/506/34, I.P.C. On 7-12-1999 learned IInd Additional Sessions Judge, Khurda passed order in Criminal Misc. Case No. 178/951 of 1999, an application Under Section 439, Cr. P.C. allowing the petitioner to go on bail on furnishing cash security of Rs. 10,000/- (Rupees ten thousand). The conditions were imposed in that order for bail which included the condition of personal appearance of the petitioner in the Court of S. D. J. M. on each date and failure to appear was to result in cancellation of the bail. On the basis of that order on 8-12-1999 petitioner was released on bail from the Court of the S.D.J.M. On 13-12-1...
Tag this Judgment!Minaketan Muduli Vs. State of Orissa
Court: Orissa
Decided on: Nov-10-2000
Reported in: 2000(II)OLR647
M. Papanna, J.1. Invoking the revisional jurisdiction of this Court under Section 401 of the Code of Criminal Procedure, the petitioner calls in question the legality of the judgment passed by the learned First Additional Sessions Judge, Puri, in Criminal Appeal No. 33/94 dismissing the said appeal and thereby confirming the order of conviction of the petitioner passed by the learned J.M.F.C., Ranpur in 2(a) C.C.No. 33/92 (Tr. No. 190/92) but modifying the sentence to R.I. for three months and to pay a fine of Rs. 200/- in default to S.I. for fifteen days.2. Bereft of unnecessary details, facts of the prosecution case are that on 11.1.1992 at 8 p.m. while the Sub-Inspector of Excise, Ranpur accompanied by two constables, was performing patrol duty near Swapneswar temple he found the accused-petitioner coming with a bladder containing I.D.liquor which he seized in presence of witnesses for having failed to produce any authority in support of such possession. On measurement the seized li...
Tag this Judgment!Smt. Kamala Tiria Vs. State of Orissa and Others
Court: Orissa
Decided on: Nov-08-2000
Reported in: AIR2001Ori67; 91(2001)CLT159
R.K. Patra, A.C.J. 1. In this writ petition the petitioner seeks to assail the validity of the notification dated 10th of April. 2000 at Annexure-15 of the Government of Orissa in Panchayatiraj (G.P.) Department publishing the resolution of the Mayurbhanj Zilla Parishad in which want of confidence in her as the President of the said Zilla Parishad was recorded.2. The case of the petitioner may be briefly stated :In the election held in January, 1997 fifty-six members including the petitioner were elected as the Members of the Mayurbhanj Zilla Parishad (hereinafter referred to as 'the Zilla Parishad') from different constituencies in the district of Mayurbhanj. The petitioner came to be elected as the President of the Zilla Parishad in the election held on 15-2-1997. While she was continuing as such, on 11-1-2000 the District Magistrate, Mayurbhanj issued notice at Annexure-1 notifying that, a special meeting would be convened on 19-1-2000 i n the Collectorate's Conference Hall to consi...
Tag this Judgment!Sri Damodar Mishra Vs. State of Orissa and 2 ors.
Court: Orissa
Decided on: Nov-08-2000
Reported in: 2001CriLJ796; 2000(II)OLR663
ORDERP.K. Tripathy, J.1. 8.11.2000 -Heard.2. This revision application is disposed of at the stage of hearing on admission with active participation of both the parties.3. Order dated 27.3.2000 in I.C.C. No. 163 of 1999 passed by learned S.D.J.M., Khurda is under challenge in this revision filed at the instance of the complainant who is the petitioner. Learned S.D.J.M. on 27.3.2000 allowed the prayer of the opposite parties 2 and 3 who are accused persons in that case, to be represented under Section 205 of the Code of Criminal Procedure, 1973 (in short the 'Code')4. Learned counsel for the petitioner states that keeping in view the involvement of the opposite parties 2 and 3 in a case under Section 452, 380 and 506,I.P.C. particularly in view of the punishment provided for those offences, it can safely be stated that they are not entitled for exemption for personal appearance in view of the ratio in the case of Jagadguru Sachidananda Shankarabharati Swami of Sri Kudli Sringeri Mutta v...
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