Orissa Court December 2005 Judgments
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Nrusingha Charan Mishra Vs. State of Orissa and anr.
Court: Orissa
Decided on: Dec-23-2005
Reported in: 2006(I)OLR138
Pradip Mohanty, J.1. In the instant writ petition, the petitioner challenges the order dated 05.05.2004 passed by the Orissa Administrative Tribunal, Cuttack Bench, in O.A. No. 458 (C) of 1998 under Annexure-2 as well as the order of his dismissal from service passed by opposite party No.1 under Annexure-12.2. The case of the petitioner is that he was serving as an Assistant Engineer (Electrical) in the erstwhile Electricity Board on deputation from the State Government. Two departmental proceedings were initiated against him numbered as 590 dated 07.06.1993 and 1374 dated 27.10.1993. In both the proceedings, there were allegations of misappropriation, misleading the authority by giving false information, negligence of duty and lack of maintenance of records. A common inquiry in both the proceedings was conducted by the Superintending Engineer, who found the petitioner guilty of some of the charges and recommended for his dismissal from service. The Government in consultation with the ...
Birendra Kumar Roy Vs. Managing Director, the Orissa State Co-operativ ...
Court: Orissa
Decided on: Dec-23-2005
Reported in: 2006(I)OLR161
L. Mohapatra, J. 1. The petitioner in this writ application has prayed for a direction to the opposite party to calculate the pension at Rs. 9,210/- per month taking his past service in Central Co-operative Bank, Balasore into account.2. The case of the petitioner is that he was selected for appointment in the Balasore District Central Co-operative Bank as a Clerk and joined on 11.8.1958. He was thereafter promoted as Accountant and after further promotion, he became Secretary on 1.8.1976. He was trained under the Cadre Scheme formulated by the Orissa State Cooperative Bank as per its resolution and under the said resolution it was decided that he should be treated as an employee of the Orissa State Co-operative Bank (O.S.C.B.) from the date of joining in the Central Co-operative Bank, Balasore and he was also directed to offer his consent within one month. After receipt of the letter to the above effect, the petitioner offered his consent to be absorbed in the service of O.S.C.B. as p...
Chaitanya Jani and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-23-2005
Reported in: 2006(I)OLR285
Pradip Mohanty, J.1. In the instant writ application, the petitioners assail the judgment dated 22.03.2005 of the Orissa Administrative Tribunal, Cuttack Bench, in O.A. No. 2064 (C) of 1999 on the ground that the same is illegal, arbitrary and contrary to law.2. The brief fact of the case is that the petitioners were appointed in the year 1991 through a due selection process in the posts of Peon and Night Watchman. Their appointments were ad hoc on spells of 44 days with usual break of 2 days in between. Though usual salary was given to them since 2001, the same is not being paid to them for which direction has already been given by the Tribunal in M.P. No. 667 (C) of 2004 to clear up the arrear dues. In the year 1999, the petitioners approached the Orissa Administrative Tribunal in O.A. No. 2064 (C) of 1999 with a prayer to regularize them from the date of their appointment with all consequential financial benefits and direct the opposite parties not to terminate them. The case of the...
State Vs. Niranjan Jena @ Babuli
Court: Orissa
Decided on: Dec-23-2005
Reported in: 2006(I)OLR385
A.K. Parichha, J.1. The Additional Sessions Judge, Jajpur by judgment dated 17th January, 2005 passed in Sessions Trial No. 776/ 58 of 2001 convicted the appellant under Section 302, IPC, for having committed the murder of deceased Pravat Ghadei and Kasinath Ghadei and awarded capital punishment of death.On a further finding that the appellant has caused disappearance of evidence of the commission of offence with the intention to screen himself from legal punishment, he also convicted the appellant Under Section 201, IPC and sentenced him to undergo R.I. for 4 years and pay a fine of Rs. 200/- in default to undergo R.I. for four months. On a reference being made to this Court under Section 366(1), Cr.P.C. by the learned Additional Sessions Judge, Jajpur for confirmation of the sentence of death, DSREF No. 1 of 2005 has been registered.The accused/appellant also challenges to the aforesaid order of conviction and sentence in CRLA No. 58 of 2005.On consent of the parties, both the afores...
Alekha Baral @ Alekha Chandra Baral and ors. Vs. State of Orissa and o ...
Court: Orissa
Decided on: Dec-23-2005
Reported in: 2006(I)OLR410
I.M. Quddusi, J.1. Both the petitions have been filed under Section 482 of the Criminal Procedure Code (for short 'the Cr.P.C') for quashing the impugned order dated 12.2.2004 passed by the learned S.D.J.M., Puri taking cognizance under Sections 147/148/336/337/307/427/506/379/149 I.P.C. in G.R. Case No. 1003 of 2003 and in cross case, i.e. G.R. Case No. 1002 under Sections 147/148/336/337/338/307/149 IPC respectively.2. The brief facts of the case as revealed from the F.I.R. filed in G.R., Case No. 1002 of 2003 are that on 2.9.2004 at about 8.30 A.M., when the informant-party belonging to Dhanakera Panchapana and Egarapana villages were mending temporary ridge accused persons belonging to Saradhapur, Nimakera and Tikarapada villages damaged the ridge constructed with a view to prevent the flow of flood water to their own village. When some villagers challenged the accused-petitioners, latter assaulted them with weapons and threw stones at them, as a result of which, 18 persons belongi...
Saroj Kumar Mishra Vs. State of Orissa Represented Through Secretary, ...
Court: Orissa
Decided on: Dec-23-2005
Reported in: 101(2006)CLT346
I.M. Quddusi, J.1. This writ application has been filed against the judgement and order dated 17.1.2005 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 20 (C) of 2005 dismissing the same at the stage of admission.2. The brief facts of the case are that the petitioner belongs to the general category whereas opposite parties 3 to 9 belong to the reserved category. They were all initially appointed as Assistant Engineer which is a class-ll post. The petitioner was appointed as Assistant Engineer in the year 1982 and Opp. Parties 3 to 9 in the year 1984. The next promotional post is the Assistant Executive Engineer which is a class-l post in the lowest rung of the cadre. The promotion to the post of Assistant Executive Engineer is governed by Orissa Reservation of Vacancies in posts and Services (for Scheduled Caste and Scheduled Tribe) Act, 1975 according to which the promotion to class-l post in the lowest rung is governed by the Act meaning thereby that ...
Minati Samantaray and anr. Vs. Oriental Insurance Company Ltd. and anr ...
Court: Orissa
Decided on: Dec-22-2005
Reported in: 101(2006)CLT593
A.K. Parichha, J.1. This letters patent appeal is directed against the judgment of Learned Single Judge in Miscellaneous Appeal Nos. 29 of 1995 and 121 of 1995 enhancing the compensation of Rs. 51,000/- awarded by Learned Second Motor Accident Claims Tribunal, (in short, 'MACT'), ' Cuttack in Misc. Case No. 134 of 1987 to Rs. 90.000/-.2. The relevant facts involved in the case are follows :The truck bearing Registration No. ORC 4451 belonging to respondent No. 2 Phani Bhusan Kanungo met with an accident on 20th February, 1987 near village-Bhagipur due to rash and negligent driving by the driver resulting in the death of one Hrudananda Samantaray, who was the husband of appellant No. 1 and father of appellant No. 2. The appellants filed claim case No. 134 of 1987 making a claim of Rs. 1,40,000/- as compensation. Learned MACT after conducting enquiry awarded a compensation of Rs. 51,000/-. Not being satisfied by the said award the appellants filed Misc. Appeal No. 29 of 1995 for enhancem...
Union of India (Uoi) and anr. Vs. Sibaram Nayak
Court: Orissa
Decided on: Dec-22-2005
Reported in: 101(2006)CLT454; [2006(109)FLR949]; (2006)IIILLJ429Ori
I.M. Quddusi. J.1. This Writ Petition has been filed against the judgment and order dated 17.11.2003 passed by the Central Administrative Tribunal Cuttack Bench, Cuttack in O.A. No. 325 of 1999 which was filed by the Opp. Party claiming back wages from the date of dismissal till the date of reinstatement.2. It may be stated that the opposite party was dismissed from service due to his conviction in a criminal case. However, the conviction was set aside in appeal and on a representation being made by the opposite party, the authorities reinstated him in service, but did not pay him back wages. The Tribunal vide the impugned order directed the present petitioners to consider the case of the opposite party as if he was in service from the date of dismissal and therefore entitled to all consequential benefits including the back wages and pay the same within three months from the date of receipt of the copy of its order.3. The brief facts of the case are that the opposite party while workin...
Minati Samantray and anr. Vs. Oriental Insurance Company Ltd. and anr.
Court: Orissa
Decided on: Dec-22-2005
Reported in: III(2006)ACC787
A.K. Parichha, J.1. This letters patent appeal is directed against the judgment of learned Single Judge in Miscellaneous Appeal Nos. 29 of 1995 and 121 of 1995 enhancing the compensation of Rs. 51,000 awarded by learned Second Motor Accident Claims Tribunal, (in short, 'M.A.C.T.')--Cuttack in Misc. Case No. 134 of 1987 to Rs. 90,000.2. The relevant facts involved in the case are follows:The truck bearing Registration No. ORC 4451 belonging to respondent No. 2 Phani Bhusan Kanungo met with an accident on 20th February, 1987 near village-Bhagipur due to rash and negligent driving by the driver resulting in the death of one Hrudananda Samantaray, who was the husband of appellant No. 1 and father of appellant No. 2. The appellants filed Claim Case No. 134 of 1987 making a claim of Rs. 1,40,000 as compensation. Learned M.A.C.T. after conducting inquiry awarded a compensation of Rs. 51,000. Not being satisfied by the said award the appellants filed Misc. Appeal No. 29 of 1995 for enhancement...
Ch. Laxmikantham Vs. the Chairman, State Bank of India and ors.
Court: Orissa
Decided on: Dec-20-2005
Reported in: 101(2006)CLT65; [2006(108)FLR1144]; 2006(I)OLR275
A.K. Samantaray, J.1. In this Writ Petition under Articles 226 & 227 of the Constitution of India the Petitioner has challenged the order of discharge from service passed by the Disciplinary Authority (O. P. No. 1) and confirmation of the same by the Appellate Authority (O. P. No. 3) and has prayed for quashment of the said orders under Annexures 25 & 28. She has also prayed for her reinstatement in service with all service benefits right from the date of her suspension on 1.2.1997.2. The background facts leading to the discharge of the petitioner from service and filing of this Writ Petition is narrated below.The petitioner was appointed as Junior Assistant in the State Bank of India and her appointment was made on compassionate ground on 9.2.1985. In the first instance she was posted as a Clerk in the IDCO Tower Branch of the State Bank of India at Bhubaneswar and in May, 1992 she was transferred to Balasore. While holding office in the SBI, Main Branch, Balasore, she committed serio...
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