Orissa Court February 2005 Judgments
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Sri Sarbeswar SwaIn Vs. Allahabad Bank and ors.
Court: Orissa
Decided on: Feb-23-2005
Reported in: [2005(106)FLR939]; 2005(II)OLR56
I.M. Quddusi, J.1. The petitioner in the instant writ petition has challenged the impugned order of punishment awarded to him in the Disciplinary Proceeding. He was lowered down by four stages in the time scale vide the impugned order dated 9.3.1989.2. The petitioner, while working as the Manager in Allahabad Bank, Sunabeda Branch, during the period from 25.08.1980 to 7.8.1988, was the custodian of blank draft leaves, out of which 49 leaves were found to be missing. Subsequently six drafts were presented before the Bhubaneswar branch and Damonjodi Branch of the Allahabad Bank and an amount of Rs. 2,77,800.70 was withdrawn. Consequently, a charge sheet was issued against the petitioner on 1.7.1988 inter alia alleging that he was responsible for the same as he was the custodian of the blank draft leaves at the relevant time. The petitioner submitted his reply to the charge sheet and thereafter Disciplinary Proceedings were conducted in which the charges were found to have been proved aga...
State of Orissa Vs. Satrughna Seth
Court: Orissa
Decided on: Feb-22-2005
Reported in: 99(2005)CLT496; 2005(I)OLR648
P.K. Tripathy, J.1. Learned Standing Counsel is present. Counsel for the Respondent are not present.2. Heard.3. The Government Appeal is disposed of in the following manner:This Government Appeal has been filed against an order of acquittal granted to the accused/respondent by the Learned Assistant Sessions Judge, Cuttack from the charge under Sections 376 and 354 and 511, IPC in S.T. Case No. 126/3 of 1984 arising out of G.R. Case No. 216 of 1983 of the Court of Sub-divisional Judicial Magistrate, Banki.4. Accusation against the respondent is that on 9.12.983, he allegedly ravished a minor child aged about 7 years in a sugarcane field and that in that process he used Criminal force intending to outrage her modesty. The incident leading to the occurrence, according to the prosecution is that the victim (P.W. 6) was a minor girl aged about 6 to 7 years. On the date of occurrence i.e., on 9.12.1983 in the afternoon hours on the direction of her mother (P.W. No. 4), she came to guard the ...
Shri Darasongh Kumbhar Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-22-2005
Reported in: 99(2005)CLT557
ORDERM.M. Das, J. 1. This Writ Application was once disposed of by the Hon'ble Single Judge by Order dated 6.7.2002. Against the said order, W.A. No. 18 of 2004 was filed by the petitioner in which by Order dated 3.11.2004 it was held that as it was not pointed out by the Learned Councel for the parties, before Hon'ble Single Judge that this matter as per the rules of this Court is to be taken up by a Division Bench, the matter was finally decided by the Hon'ble Single Judge but since as per the rules, this case was to be heard by a Division Bench, the said Writ Appeal was allowed and it was directed that this case should be listed before the Division Bench for disposal.2. Accordingly, when the matter is taken up on the question of admission with consent of the parties, the case was heard on merit.3. The petitioner, in this Writ Application, is the returned candidate who was elected as Sarpanch of Baladi Gram Panchayat. The election of the petitioner as Sarpanch was challenged by the O...
Subash Kumar Agarwal and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-22-2005
Reported in: III(2005)BC336; 99(2005)CLT567
M.M. Das, J.1. The petitioners have filed this Writ Petition seeking to challenge the order dated 21.2.2004 (Annexure-6) passed by the Collector, Kalahandi-Opp. Party No. 5 postponing the last date of receipt of applications for opening 'Day and Night' medicine shop.2. In the Writ Petition, the petitioners have alleged that Opp. Party No. 5-Collector had no jurisdiction to postpone the last date of receipt of applications as the Collector was not the authority who issued the advertisement inviting applications. It is further stated in the Writ Petition that the Order of the Collector under Annexure-6 is contrary to the policy of the Government with regard to opening of 'Day and Night' medicine shop as is revealed from Annexure-3.3. An advertisement/notice dated 31.1.2004 (Annexure-4) is alleged to have been notified by affixing it in the Notice Board of the Office of the Medical Officer, Taluk Hospital, Kesinga N.A.C., Kesinga Police Station and also in the Notice Board of the Director...
Smt. Sarojini Mallick Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-22-2005
Reported in: 2005(I)OLR666
ORDERM.M. Das, J.1. The petitioner has filed this writ application challenging the order dated 23.5.2003 passed by the Addl. District Magistrate, Khandhamal-Phulbani in O.P.L.E. Revision Case No. 1 of 2003 rejecting the revision application of the petitioner by passing the following order :'This is put up today, I have heard the learned Advocate for the petitioner. This is barred by limitation as it is filed after eleven months from the date of orders of the lower Court. There has been no application for condonation of delay. I am not inclined to admit the petition.Pronounced in the open Court.'2. The said order has been annexed to the writ petition as Annexure-8.3. Mr. Jena, learned counsel for the petitioner submits that the Addl. District Magistrate has committed an error apparent on the face of the order quoted above by rejecting the revision application on the ground of limitation as there was o accompanying application for condonation of delay. He submits that the power of revisi...
Orissa Power Generation Corpn. Ltd. Vs. Orissa Electricity Regulatory ...
Court: Orissa
Decided on: Feb-22-2005
Reported in: AIR2005Ori125
A.K. Patnaik, J.1. The petitioner, Orissa Power General Corporation Limited (for short, 'OPGC') is a Limited Company in which the State Government of Orissa holds 51 per cent of equity shares and AES Corporation, U. S. A. holds 49 per.cent of equity shares. OPGC carries on the business of generation of electricity from thermal energy at its Thermal Station called 'Ib thermal Station'. The opposite party No.2, Grid Corporation of Orissa Ltd., (for short, 'Gridco') is a Government company and is engaged in the business of bulk purchase and supply and transmission of electricity in the State of Orissa. The Orissa Electricity Reforms Act, 1995 (for short, 'the Act, 1995') came into force with effect from 1-4-1996 and under the provisions of the Act, 1995 the opposite party No. 1, Orissa Electricity Regulatory Commission (for short, 'the Commission') was established for regulating the electricity sector in the State of Orissa. Thereafter, on 13-8-1996, a Power Purchase Agreement (for short,...
Sri Devi Prasad Sahoo Vs. Bharat Sanchar Nigam Ltd.
Court: Orissa
Decided on: Feb-21-2005
Reported in: 99(2005)CLT610; [2005(105)FLR1149]
ORDERI.M. Quddusi, J.1. Heard Learned Counsel for the petitioners.2. By means of this Writ Petition, the petitioners have prayed for a Writ in the nature mandamus directing the opp.parties to appoint Petitioner No. 1 in any post on compassionate grounds be fitting his qualification and is sue a Writ in the nature of certiorari quashing the orders in Annexures 7 and 8 rejecting the claim of Petitioner No. 2 for appointment on compassionate ground.3. The brief facts of the case are that the petitioners are legal heirs of the deceased who was working as Telephone Operator in the office of the opp. parties and expired while in service in the year 1991. Thereafter the Petitioner No. 2 was offered appointment on compassionate grounds vide Order dated 25.9.1991 passed by the C.G.M.T., Orissa Circle, Bhubaneswar, but she did not accept the same and after a gap of 13 years she moved a representation for giving appointment to her son i.e., Petitioner No. 1 on compassionate ground. However, the s...
Ajaya Kumar Das Vs. State of Orissa and Two ors.
Court: Orissa
Decided on: Feb-21-2005
Reported in: 2005(I)OLR590
ORDERA.K. Parichha, J.1. In this application under Section 482, Cr.P.C. the petitioner has prayed to quash the order of cognizance passed by the learned SDJM, Champua for the offence under Section 363, IPC in G.R. Case No. 39 of 2003.2. Basing on an F.I.R. lodged by opposite party No. 2, Champua P.S. Case No. 21 of 2003 corresponding to G.R. Case No. 39 of 2003 of the Court of learned SDJM, Champua under Section 363, IPC was registered. After investigation in that case, charge-sheet was submitted against the present petitioner under Section 363, IPC and basing on the charge-sheet and the case diary, the learned SDJM took cognizance of the offence and issued process to the petitioner. Aggrieved, the petitioner has filed the present petition under Section 482, Cr.P.C. for quashing the said order of cognizance.3. Learned counsel for the petitioner submits that the petitioner and opposite party No. 3 (the alleged kidnapped girl) have married and are living as husband and wife. But due to s...
Balia Alias Balaram Patra and anr. Vs. State of Orissa
Court: Orissa
Decided on: Feb-21-2005
Reported in: 2005(I)OLR617
Sujit Barman Roy, C.J.1. This revision is directed against the judgment dated 10.7.2002 passed by the learned Sessions Judge, Puri dismissing the Criminal Appeal No. 17 of 2002 preferred by the petitioners Balia alias Balaram Patra and Jadua alias Jadu Pradhan against the judgment dated 10.5.2002 passed by the learned Asst. Sessions Judge-cum-C.J.M., Puri in S.T. No. 125/201 of 1999 convicting both the petitioners under Sections 457/395 I.P.C. and sentencing them thereunder to suffer R.I. for two years and to pay a fine of Rs. 2000/- each, in default to undergo R.I. for six months in respect of their conviction under Section 457 I.P.C and also to undergo R.I. for five years and to pay a fine of Rs. 5000/-, in default to undergo R.I. for one year in respect of their conviction under Section 395 I.P.C.2. Petitioners were prosecuted to face trial on charges under Sections 457/395 I.P.C. It is the prosecution case that the petitioners along with four others in the midnight of 24.1.1999 ent...
Kumari Madhusmita Jena and anr. Vs. Council of Higher Secondary Educat ...
Court: Orissa
Decided on: Feb-18-2005
Reported in: 2005(I)OLR619
P.K. Mohanty, J.1. The petitioners call in question the decision of the Council in cancelling English Paper-II, Political Science Paper-I and Economics Paper-I of Annual CHSE Examination held in the year 1997 and in awarding 00 marks in those papers.2. The opposite party-Council has filed a counter affidavit. According to the Council, when English Paper-II was being conducted in Panchayat College of Science and Technology, Gengutia Centre during the second sitting of 19.3.199.7, the Flying Squad visited the centre and detected that some employees were collecting incriminating materials from the examinees, which they noticed from the gate. One case of the individual malpractice was detected and reported. The report of the Flying Squad disclosed that the College had no space and the examinees were sitting in Veranda very close to each other and engaged in talking. A large number of incriminating materials were collected, by the Squad and the general condition inside the examination hall ...
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