Orissa Court February 2001 Judgments
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Sashi Bhusan Ram Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-28-2001
Reported in: 93(2002)CLT392; [2002(94)FLR275]; 2002(I)OLR377
Pradipta Ray, J. 1. The writ petitioner Shashi Bhusan Ram was appointed as a Fireman in the Orissa Fire Service Department on November 18,1963. Fire Service Personnel are subject to Police Manual Rules. The said Police Manual Rules contain provisions for I'mposition of black marks alone or in addition to other punishments. Under Rule 836 nine black marks entail dismissal. If any person governed by the said Rule is awarded nine black marks, proceedings may be drawn up for his dismissal. Police Manual Rule 837 provides for giving an advance warning when imposition of one more black mark may result in reduction in rank, loss of increment or dismissal.2. On or about July 18,1990 a notice was served on the Petitioner to show cause why he would not be dismissed from service as per Police Manual Rule 836 for earning nine black marks. It was mentioned in the said charge-sheet that during his tenure of service he earned 10 black marks to his discredit. The petitioner submitted a representation ...
Board of Secondary Education, Orissa, Cuttack Vs. Gayatri Hota and Oth ...
Court: Orissa
Decided on: Feb-27-2001
Reported in: AIR2001Ori131; 91(2001)CLT499; 2001(I)OLR398
A.S. Naidu, J.1. The Board of Secondary Education (hereinafter referred to as 'the Board') has preferred this Letters Patent Appeal, challenging the judgment dated December 6, 2000 passed by the learned Single Judge in O. J. C. No. 9210 of 2000, in exercise of powers conferred under Articles 226 and 227 of the Constitution of India.2. Respondents 1 to 11, the students of Purohitpur High School in the district of Jagatsingbpur, filed the aforesaid writ application praying for quashing the Notification dated 12-9-2000 cancelling their results of Annual H. S. C. Examination, 2000 on the ground of malpractice. The said Notification is annexed as Annexure-4 to the writ application.3. Resorting to malpractice in examination has become chronic and serious problem and time has come when the same has to be dealt with utmost firmness and wisdom. It is the duty of the examining bodies-both legally and morally to check malpractice and punish those, who are indulging in it. This Court is always ext...
Somanath Dwibedi Vs. State of Orissa
Court: Orissa
Decided on: Feb-27-2001
Reported in: 91(2001)CLT513
P.C. Naik, J.1. The alleged wrongful action of the opposite parties in not calling the petitioner for counselling and consequent refusal to give admission in the discipline of Computer Science at College of Engineering, Nayapalli, Bhubaneswar against an open category (Free) seat is the subject-matter of challenge in this writ petition.2. According to the petitioner, he passed the High School Certificate examination with aggregate of 85% of marks and the +2 Science Examination in the first division. Thereafter, he joined the +3 Science Stream at the N. C. College, Jajpur. He appeared at the Joint Entrance Examination (Engineering & Medical)-2000 and was at serial No. 2078 (E) in the merit list. It is his case that considering his rank a call letter was issued to him and in response thereto, he duly reported himself for counselling along with the relevant certificates The authorities, however, after going through the certificates, did not allow him to take part in the counselling and exe...
Simanchal Padhy, State of Orissa and Others Vs. State of Orissa and Ot ...
Court: Orissa
Decided on: Feb-27-2001
Reported in: 91(2001)CLT584
R.K. Patra, J. 1. All the aforesaid cases being analogous were heard together and are disposed of by this common judgment.2. O. J. C. No. 706 of 2001 and O. J. C. No. 784 of 2001 are two writ petitions which have been filed by way of public interest litigations, The petitioner-Simachal Padhy is a practising lawyer at Bhawanipatna. His grievance in both the wiit petitions is that the Civil Judge, Senior Division, Bhawanipatna without keeping the public interest in view illegally granted injunction against the State of Orissa and its officials restraining them from proceeding with the construction work of earth dams. He has accordingly prayed for quashing of the said order with a further direction that the construction work should be allowed to proceed forthwith.Civil Revision No. 447 of 2000 filed at the instance of the State of Orissa and its officials is directed against the order of the learned District Judge, Kalahandi dated 30-9-20UO passed in M. J. A. No. 11 of 2000 confirming the...
iswar Chandra Mahanta Vs. Orissa State Co-operative Agriculture and Ru ...
Court: Orissa
Decided on: Feb-26-2001
Reported in: 91(2001)CLT601; [2001(90)FLR925]
L. Mohapatra. J. 1. The petitioner in this writ application has challenged the order of dismissal from service in Annex-ure-8 which has been passed pursuant to disciplinary proceeding.2. The case of the petitioner is that while he was working as Cadre Supervisor in opposite party No. 1 - Bank, a set of charges were framed against him and were communicated on 11-12-1987. The petitioner submitted his explanation to the charges and not being satisfied with the explanation a decisionwas taken to initiate the disciplinary proceeding and an Inquiry Officer was appointed on 12-2-1938. The petitioner submitted another explanation before the Inquiry Officer on 27-4-1988 as per the direction of the Administrator whereafter the inquiry proceeding continued. After conclusion of the inquiry a report was submitted before the Disciplinary Authority holding the petitioner guilty of the charges and the Inquiry Officer suggested withholding of two increments and warning. But the disciplinary Authority a...
Purnananda Behera Vs. Sabitri Behera and Others
Court: Orissa
Decided on: Feb-26-2001
Reported in: 92(2001)CLT43
ORDER1. Heard learned counsels for the parties. This writ application is directed against the order passed by the Judge, Family Court, Cut tack, granting interim maintenance to the opposite parties.2. There is no dispute that the suit for maintenance is pending. Of course, in a pending suit for maintenance, in exercise of powers under section 151 of the Code of Civil Procedure, direction regarding interim maintenance can be made depending upon the facts and circumstances of the case. In the present case, widowed-daughter-in-law and her children have claimed maintenance against her father-in-law. The order of the Judge, Family Court, does not indicate about any independent income of the present opp. parties. Initially, I was inclined to remand the matter to the Judge, Family Court, for causing an enquiry on this aspect. However, the enquiry for the purpose of interim maintenance may also take some time as would be required for deciding the suit on merit. In such View of the matter, whil...
The Managing Director, Orissa Forest Development Corporation Limited V ...
Court: Orissa
Decided on: Feb-26-2001
Reported in: 92(2001)CLT303
L. Mohapatra, J.1. The award passed by the Presiding Officer, Labour Court, Bhubaneswar holding refusal employment to the opposite party No. 3 as illegal and unjustified and directing reinstatement of the opposite patty No. 3 to the post of Typist with all benefits of continuity of service and full back wages is under challenge before this Court.2. Case of the petitioner is that the opposite patty No. 3 was engaged in different spells from 11-1-87 to 15-11-89 atBhawanipatna, Jeypore and Rayagada on daily wage basis. The opposite party No. 3 bad put in 177 days of work but was paid wages for 234 days including wages for holidays and Sundays during the entire period of engagement and was retrenched from service w.e.f. 14-11-89. Dispute raised by opposite party No. 3 was referred to the Labour Court, Bhubaneswar and the Presiding Officer, Labour Court by the impugned award held that the refusal of employment to opposite party No, 3 is neither legal nor justified and further directed reins...
Sri Bibhu Prasad Das Vs. Cuttack Municipal Corporation and anr.
Court: Orissa
Decided on: Feb-26-2001
Reported in: 2001(I)OLR371
ORDERL. Mohapatra, J.1. Heard the learned counsel for the petitioner and the counsel appearing for the Cuttack Municipal Corporation.2. The petitioner in this writ application has prayed for regularisation of his service in the post of Mechanical Helper (Class-IV) as he has been continuing in the said post with effect from 3.12.1993.Case of the petitioner is that his brother Sankar Das was the driver in respect of the bus bearing registration No. OR-05-6492 owned by the Cuttack Municipal Corporation and on 5.11.1993 the said bus met an accident, resulting serious injuries on the person of the brother of the petitioner. Brother of the petitioner succumed to injuries on 10.11.1993. Thereafter the petitioner was appointed as Mechanical Helper (Class-IV) on compassionate ground. Since the petitioner has already Worked for some years in the meantime he has prayed for regularisation in the said post.3. Learned counsel for the Corporation submits that there has been an amendment in the Orissa...
Arjuna Charan Mishra Vs. State Bank of India and Others
Court: Orissa
Decided on: Feb-23-2001
Reported in: 91(2001)CLT418; (2001)IILLJ605Ori; 2001(I)OLR432
A.S. Naidu, J.1. The petitioner, an officer of the State Bank of India, has approached this Court under Articles 226 and 227 of the Constitution, challenging the order of punishment imposed in a departmental proceeding initiated against him. Admittedly a charge sheet was served on the petitioner on 25-5-1986 while he was working as a Branch Manager at Satkosia Branch. The substratum of charges of misconduct evident from the memorandum issued in terms of Rule 50(1)(i) of the State Bank of India (Supervising Staff) Service Rules (hereinafter refered to as 'the Rule') are as follows :(i) During 1982-83 while the petitioner was working as Branch Manager, he conducted himself in a mannerdetrimental to the interest of the Bank by sanctioning loans under the Integrated Rural Development Programme (IRDP) and Economic Rehabilitation of the Rural Poor (ERRP) schemes and while disbursing the loans he had retained amounts ranging from 10% to 20% as illegal gratification in sanctioning the loans an...
Smt. Sanghamitra Singh Vs. Kailash Chandra Singh
Court: Orissa
Decided on: Feb-23-2001
Reported in: AIR2001Ori151; 91(2001)CLT404
A.S. Naidu, J.1. The appellant-wife filed a petition under section 9 of the Hindu Marriage Act read with section 7 of the Family Courts Act praying for restitution of conjugal rights and issuance of a direction to the husband to join her company. The said petition was registered as Civil Proceeding No. 201 of 1995 in the court of the learned Judge, Family Court, Cuttack.2. Respondent-husband filed a petition under section 30 of the Hindu Marriage Act read with section 7 of the Family Courts Act praying for a decree of divorce against the wife in the same court and the said petition was registered as Civil Proceeding No. 217 of 1996. Both the proceedings were heard together by the learned Judge, Family Court, Cuttack and were disposed of by a common judgment.3. The trial court decreed Civil Proceeding No. 217 of 1996 filed by the husband and directed that the marriage solemnised on 5-7-1991 between the parties is dissolved by a decree of divorce and dismissed Civil Proceeding No. 201 of...
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