Orissa Court September 2003 Judgments
Budhimanta Dash Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-30-2003
Reported in: 96(2003)CLT621; 2003(II)OLR504
L. Mohapatra, J.1. The petitioner in this writ application assails the order dated 31.7.2003 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack dismissing the Original Application No. 435 of 2003 as not maintainable.2. The case of the petitioner is that he is presently working as Joint Auditor General, Co-operative Societies, Government of Orissa. His grievance is that under Rule 8 of the Indian Administrative Service (Recruitment) Rules, 1954, the Central Government on recommendation of the State Government and in consultation with the Commission and in accordance with such regulations as the Central Government may, after consultation with the State Government and the Commission recruit persons by promotion from the State Civil Service. Under Sub-rule (2) of Rule 8, the Central Government may, in special circumstances and on the recommendation of the State Government and in consultation with the Commission and in accordance with such regulations recruit Officers to ...
Tag this Judgment!Secretary, Communist Party of India (Marxist), Represented by Alikisho ...
Court: Orissa
Decided on: Sep-30-2003
Reported in: AIR2004Ori67; 97(2004)CLT169
Pradip Mohanty, J.1. Aggrieved by the confirming judgment dated 16.11.1988 of the learned 1st. Additional District Judge, Ganjam, Berhampur, in T.A. No. 38/88 (T.A. 70/86 GDC), the plaintiff before the trial Court has come up with this appeal for setting aside the judgments and decrees of both the Courts below.2. Shorn of unnecessary details, the facts in brief are hereinbelow :Judhisthira Patnaik, defendant No. 1 (since dead) and one Nrusingha Patnaik, father of defendant No. 2 jointly purchased the suit house on 27.11.1962 by a registered sale-deed (Ext. A/3) and remained in possession thereof. On 18.1.1980 the original defendant No. 1, Judhisthira entered into an unregistered agreement (Ext. 1) with plaintiff Jagannath Mishra (subsequently substituted by AM Kishore Patnaik), said to be the Secretary of the Communist Party of India (Marxist) in his official capacity, for sale of the suit house for Rs. 4,000/- on receipt of Rs. 700/- in part performance of the contract. It was stipula...
Tag this Judgment!Sadananda Doloi Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-26-2003
Reported in: 96(2003)CLT807
B.P. Das, J. 1. This writ petition under Articles 226 and 227 of the Constitution of India has been filed with a prayer to quash the order dated 19.2.2001 issued by the Grid Corporation of Orissa Ltd., O.P. No. 5, terminating the services of the petitioner, vide Annexure 23.2. The facts leading to the present writ petition may be stated thus :In response to an advertisement issued by the Grid Corporation of Orissa Limited (in short 'GRIDCO'), vide Annexure-1, the petitioner applied for the post of Senior General Manager (H. R. Policy, Job Evaluation, Appraisal, Remuneration ) (in short 'Sr. G.M. (HR)'). O.P. No. 4 was also an applicant for the post of Senior General Manager (Manpower, Planning, Training &' Development (in short 'Sr. G,M. (MPTD)'). The petitioner appeared in the written test as well as the interview along with nine other candidates and was empanelled for the post of Sr. G.M. (HR) as per the minutes of the meeting of the Selection Committee constituted by the GRIDCO for ...
Tag this Judgment!Bholeswar Sahu Vs. Smt. Basanti Sahu
Court: Orissa
Decided on: Sep-24-2003
Reported in: 96(2003)CLT651; 2003(II)OLR553
P.K. Tripathy, J.1. Petitioner of O.S. No. 68 of 1991 is the appellant. Respondent No. 1 Basanti Sahoo is his legally married wife. Petitioner filed the suit for a decree of divorce under Section 13 of the Hindu Marriage Act, 1955 (in short, 'the Act'). The totality of the pleading advanced by the petitioner projected a case of desertion by the wife and also leading an adulterous life with respondent No. 2. Such pleas are covered by the provision in Clauses (i) and (1-b) under Sub-section (1) of Section 13 of the Act. Respondent No. 1 (wife) contested to that issue and denied to the allegations both of desertion and adultery. The trial Court decided the suit in favour of the petitioner and granted a decree of divorce on assessment of oral evidence of P.Ws. 1 to 4 and D.Ws. 1 and 2. No document was admitted on evidence from either side. The trial Court recorded the finding on the basis of the oral evidence that by conduct respondent No. 1 has proved that she has deserted the petitioner ...
Tag this Judgment!Dhruba Charan Dutta, Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-24-2003
Reported in: 97(2004)CLT712; 2003(II)OLR524
L. Mohapatra, J.1. All the four writ applications are directed against the judgment and order dated 4.7.2001 of the Orissa Administrative Tribunal, Cuttack Bench, Cuttack passed in O.A. No. 39(C) of 1997. Since all the four writ applications arise out of the same judgment of the Tribunal, they were taken up together for hearing.2. Opposite party No. 5 in O.J.C. No. 1112 of 2001 is the applicant before the Tribunal. She filed the original application challenging selection of all the petitioners to the posts of Junior Stenographers in the District Headquarters of Mayurbhanj on the ground of violation of statutory provisions relating to constitution of Board of Examiners and requisition of names from the Employment Exchange as well as violation of reservation provision as provided in the O.R.V. Act. The Tribunal initially by judgment dated 2.9.1998 allowed the application. Challenging the same, three writ applications were filed before this Court vide O.J.C. Nos. 15525, 16906 and 14200 of...
Tag this Judgment!State of Orissa and anr. Vs. Surendranath Kanungo
Court: Orissa
Decided on: Sep-24-2003
Reported in: AIR2004Ori153
Sujit Barman Roy, C.J.1. Both these writ petitions are being disposed of by this common judgment as identical questions of fact and law are involved.2. In these two writ petitions, petitioners have challenged the orders dated 20-9-2001 passed by the former Chief Justice of this Court in MJC No. 241 of 2001 and MJC No. 242 of 2001 respectively. By both these orders, which were passed with consent of the learned counsel for the respective parties Shri Jagannath pattnaik a Senior Advocate of this Court was appointed as Arbitrator. These two orders are now under challenge in these two writ petitions respectively filed by the State.3. The case of the petitioner in OJC No. 15281 of 2001 in brief is that the opposite party entered into an agreement with the petitioner for the work 'construction of Suhagi M.I.P. Headworks (Earth Dam and Head Sluice) under Narsinghpur Block of Cuttack District' vide Agreement No. 61 F2 of 1983-84 for a contract value of Rs. 1,95,04,908/- with the stipulation th...
Tag this Judgment!Debendranath Balbant Ray Vs. Engineer in Chief, Rengali Irrigation Pro ...
Court: Orissa
Decided on: Sep-24-2003
Reported in: AIR2004Ori156; 2005(1)CTLJ417(Ori)
ORDER1. Both the writ applications are between the same parties involving same question of law and, therefore, on consent of learned counsel appearing for the parties both the writ applications were taken together for hearing.2. The petitioner is a Super Class Contractor. In W. P. (C) No 4780 of 2003 the case of the petitioner is that tenders were invited from registered A Class/Super Class Contractors for execution of eight numbers of canal works. Pursuant to such tender call notice, the petitioner purchased two numbers of tender papers in respect of two works out of eight which have given rise to both the writ applications. Both the tender papers were purchased for the following works:(1) Excavation of Gondia Branch Canal from RD 5.070 to 5.580 km. of Rengali Irrigation Project.(2) Excavation of Gondia Branch Canal from RD 5.790 to 6.30 km. of Rengali Irrigation Project.The estimated cost in respect of first work had been assessed at Rs. 2,56,89,690/- and in respect of the second wor...
Tag this Judgment!P.K. Construction and S.N. Kanungo Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-24-2003
Reported in: 2003(II)OLR518
L. Mohapatra, J.1. The petitioner in this writ application calls in question the legality of the order in Annexure-5 issued by the opposite party No. 5 rejecting the security bid given by the petitioner and holding the tender as non-responsive in terms of ITB Clause 16.3.2. Case of the petitioner is that it is a joint venture firm and takes up different works in the State of Orissa. Opposite party No. 2 through the Orissa State Disaster Mitigation Authority (OSDMA) invited sealed bids for the work C.D.R. to Kartiachira Drainage System in Balasore District in Package No. ST/BLDS-I which was approximately valued at Rs. 1,87,38,140/-. The petitioner being joint venture firm participated in the bid along with four others. The petitioner's bid being the lowest responsive bid, decision was taken to recommend petitioner's bid for approval and accordingly the Chief Engineer, Drainage Division, Cuttack (opposite party No. 2) forwarded the same to the opposite party No. 3. On 8.5.2003 the Tender...
Tag this Judgment!Pravakar SwaIn Vs. State of Orissa
Court: Orissa
Decided on: Sep-24-2003
Reported in: 2003(II)OLR531
Sujit Barman Roy, C.J.1. This appeal at the instance of the sole appellant Pravakar Swain is directed against the judgment dated 2.3.1996 passed by the learned First Additional Sessions Judge, Berhampur convicting the appellant under Section 302, IPC and sentencing him thereunder to suffer rigorous imprisonment for life.2. Prosecution case, in brief, is that on 4.7.1991 at or about 6.05 A.M. P.W. 1 Anil Kumar Swain lodged a written complaint at Gangapur Police Station stating, inter alia that on 1.7.1991 his father Satyabadi Swain (since deceased) went to Bhanjanagar and at that time around 10 A.M. in the morning the appellant Pravakar Swain of village Dubalunda came to the house of P.W.I and enquired about the deceased as he wanted to purchase a motor-cycle from the deceased. P.W.I accordingly informed the appellant that the deceased had gone to Bhanjanagar. Despite the aforesaid, the appellant waited in the house of P.W. 1 on that day till 5 P.M. when the deceased returned back to hi...
Tag this Judgment!Sri Kamala Lochan Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-23-2003
Reported in: 97(2004)CLT19
L. Mohapatra, J. 1. The petitioner in this writ application assails the legality of the order passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in Original Application No. 453 (C) of 1995 which he had filed challenging his dismissal from service pursuant to a disciplinary proceeding.2. The petitioner was appointed as Constable under the Orissa Police and was posted in the district of Koraput. In the month of February, 1987 he was transferred to Balasore district and while working at Balasore, he became the President of Orissa Police Havildar and Constable Association, Balasore branch. On the eve of New Year, 1991 the petitioner brought out a New Year Greeting in the form of a booklet wherein he had summerised various works and deeds of the association, the problems faced by the association as well as the work to be undertaken by the association. According to the petitioner, the said booklet was a message and exchange of ideas rather than allegations as alleged by the...
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