Orissa Court September 2005 Judgments
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Gangadhar Mishra Vs. Director, Text Book Production and Marketing and ...
Court: Orissa
Decided on: Sep-23-2005
Reported in: 101(2006)CLT315; [2006(108)FLR716]; 2005(II)OLR663
Pradip Mohanty, J.1. In this writ petition, the petitioner has prayed for quashing the judgment and order passed by the Orissa Administrative Tribunal. Cuttack Bench in O.A.No. 277(C) of 1994 as well as the enquiry report and the final order of the disciplinary authority imposing punishment upon him.2. The case of the petitioner in brief is that he was serving as a Packer in the Cuttack Sales Centre of the Text Book Press under the administrative control of the Director, Text Book Production and Marketing (opposite party No. 1). One Madhusudan Mishra and Nrusingh Prasad Parida were in charge of Cuttack Sales Centre. During the course of audit, misappropriation to the tune of Rs. 1,22,510.15 was detected in the Sales Centre, for which a departmental proceeding was initiated against the petitioner and he was placed under suspension. The Inquiring Officer who enquired into the matter came to the finding that the petitioner is not maintaining the ledger properly as per the direction of the...
Smt. Arati Pati Vs. State of Orissa and ors.
Court: Orissa
Decided on: Sep-23-2005
Reported in: 2006(1)OLR125
ORDER1. The opposite party No,4 is deleted from the array of the parties. Petitioner is directed to correct the designation of opposite party No.2 during the course of the day.2. Heard Mr. S.C. Acharya, learned counsel for the petitioner, and learned Standing Counsel for the School and Mass Education Department.3. This writ petition has been filed against the impugned order dated 21.07.2004 passed by the Orissa Administrative Tribunal, Cuttack Bench in O.A. No.942 (C) of 2004 filed by the petitioner in which she had prayed for arrear differential salary from 01.01.1996 to 28.02.2002. The Tribunal while directing to dispose of the representation, has made it clear that the petitioner shall be entitled only to get her dues from the date, three years prior to filing of the O.A., and the arrears for the rest of the period is barred by time.4. The petitioner is still in service. She had demanded to get arrears of differential salary. In fact, she has got salary regularly, but the differenti...
State of Orissa Vs. Sahadev Naik
Court: Orissa
Decided on: Sep-22-2005
Reported in: 2005CriLJ97; 2005(II)OLR788
A.K. Parichha, J.1. This is an appeal by the State against the order dated 30th September, 1986 passed by learned J.M.F.C., Jagatsinghpur acquitting the accused-respondent from charge under Section 408 of the Indian Penal Code (in short. 'IPC') in G.R. Case No. 462 of 1975 (Trial No. 36 of 1986).2. Allegation of the prosecution in brief is thatthe respondent while working as Secretary, Ichhapur Service Co-operative Society from 01.07.1974 to 30.07.1975 committed criminal misappropriation in respect of fertilizer stock worth Rs. 72,268.85 paise and also adulterated 84 bags of fertilizers by mixing foreign materials with the fertilizers. Basing on the allegations and materials learned trial Court framed charge against the respondent Under Section 408 of the I.P.C.3. The plea of the respondent-accused is one of complete denial and false implication.4. The prosecution examined 9 witnesses. Defence did not adduce any oral or documentary evidence. Learned J.M.F.C., Jagatsinghpur found that t...
Project Construction Organisation (iDC) Workers' Union and Hirakud Ind ...
Court: Orissa
Decided on: Sep-22-2005
Reported in: 101(2006)CLT537
J.P. Mishra, J.1. The employees of Project Construction Organisation (for short, 'PCO') and its Union being a unit of subsidiary Company of Industrial Development Corporation Orissa Limited (for short, 'IDCOL') have challenged the dis-investment of the entire share by the Government in favour of a private company, i.e., one M/s. Varsha Fabrics Private Limited. The Hirakud Industrial Works (IDC) Officers Association in W.P.(C) No. 3354 of 2005 have also claimed the right of being heard before dis-investment for adequate protection.2. The grievance of the employees of Project Construction Organisation is that it was set up in the year 1978 as a unit of IDCOL and it was undertaking the works of erection, testing commissioning, ana transmission of electric lines under the State Electricity Board and agencies within and outside the State of Orissa. Thereafter the PCO was merged with Hirakud Industrial Works (for short, 'HIW') on 30.6.1986. The employees of the sick unit (HIW) were almost de...
State of Orissa Vs. Babaji Charan Sahu and anr.
Court: Orissa
Decided on: Sep-21-2005
Reported in: 100(2005)CLT633; 2006CriLJ660
P.K. Mohanty, J.1. Heard the learned Additional Government for the State appellant. None appears for the accused-respondents.2. This Government Appeal is directed against the order of acquittal passed by the learned Judicial Magistrate, First Class, Cuttack in 2(c) CC No. 355 of 1983 (Trial Case No. 170 of 1984), in a case under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966.3. Briefly stated the prosecution case is that on 3.10.1983 at 2 a.m. while P.Ws. 1 & 3 were performing their duty at Balikuda Railway Station, they found four persons running away from Northern side of the signal post of the railway station. They followed and focused torch-light on them but seeing them two of those persons who were holding bags threw the same on the ground. They seized the bags and produced the same before the Assistant Station Master, Balikuda Railway Station. On receiving telephonic call from the Assistant Station Master, Officer-in-charge, R.P.F., Cuttack reached the spot....
Benudhar SwaIn and ors. Vs. Nilamani SwaIn and anr.
Court: Orissa
Decided on: Sep-20-2005
Reported in: 2005(II)OLR509
ORDERA.S. Naidu, J. 1. Heard.2. This is an application filed under Section 24 of the Code of Civil Procedure with a prayer to transfer C.S. No.319 of 2002 pending in. the Court of the Civil Judge (SD), Puri to the Court of the Civil Judge (SD), Angul.3. Admittedly the petitioners are the defendants in the said C.S. which is one for partition. According to Mr. Misra, learned counsel for the petitioners, the bulk of the properties are situated at. Angul and, as such, the suit should be transferred to Angul. It is further submitted by him that the petitioners are old retired persons and it is inconvenient for them to travel all the way from Angul to Puri and contest the Us.The aforesaid submissions of Mr. Misra are strongly repudiated by the learned counsel for the plaintiff-opposite parties. He submitted that the plaintiffs are residing at Puri and substantial property which is the subject-matter of the suit is at Puri itself. He further submitted that the Civil Judge (SD) at Puri has ju...
Neelachal Electronics and Telecommunication (Pvt.) Ltd. Vs. Shivangi E ...
Court: Orissa
Decided on: Sep-20-2005
Reported in: II(2006)BC529; 100(2005)CLT657; 2005(II)OLR545
ORDERM.M. Das, J. 1. Copet No. 17 of 2005 has been filed by . Nilachal Electronics and Telecommunication Pvt. Ltd. praying for winding up of the opp.party-company . Shivangi Electronics Pvt. Ltd. Along with the said application for winding up, the petitioner-company filed Misc. Case No. 19 of 2005 making a prayer for an order of stay of operation of the order dated 17.7.2002 passed in T.C. No.77 of 2001 by the Debts Recovery Tribunal, Cuttack and for stay of further proceedings in R.P. No.058/2002/CTC pending before the Recovery Officer, Debts Recovery Tribunal, Cuttack and for a further direction directing the Recovery Officer, Debts Recovery Tribunal, Cuttack not to deliver possession of the property mentioned in the schedule of the said application to any one without leave of this Court.2. On 6.5.2005 after hearing the applicant, an order was passed directing that further proceedings in R.P. No.058/2002/ CTC pending before the Recovery Officer, Debts Recovery Tribunal, Cuttack shall...
Rajat Kumar Jena @ Rajat Jena and ors. Vs. Smt. Sunita Jena and anr.
Court: Orissa
Decided on: Sep-20-2005
Reported in: 2005(II)OLR808
R.N. Biswal, J.1. The CRLMC arises out of a petition filed under Section 482 of Cr.P.C. challenging the order of taking cognizance of the offence under Sections 294/323/337/354/341/379/307/506/394/34 I.P.C. dated 13.1.2004 by the J.M.F.C., Pattamundai in I.C.C. case No. 4 of 2004.2. Opp. Party No. 1 filed the aforesaid case before the Court of J.M.F.C., Pattamundai to take action against the accused-petitioners in accordance with law. On perusing the complaint petition the J.M.F.C. took cognizance of the aforesaid offences against the petitioners on 13.1.2004. However, in order to proceed further, he directed the complainant to remain present along with her witnesses for examination on oath. On the same date also i.e. on 13.1.2004 the complainant alone was examined on oath. After perusing the statement of the complainant and the complaint petition the trial Court held that there was sufficient ground for proceeding against the accused-petitioners and ordered to issue N.B. Ws of Arrest ...
Ajodhya Bus Service Vs. State Transport Authority and ors.
Court: Orissa
Decided on: Sep-19-2005
Reported in: 100(2005)CLT594; 2005(II)OLR749
ORDER1. Heard Learned Counsel for petitioner and Learned Standing Counsel (Transport). Petitioner is the owner of a stage carriage bearing Registration No. OSM-4687 running on a temporary permit from Sainkula (in the District of Mayurbhanj) to Calcutta. On 29.10.1994 a demand notice was served on petitioner for payment of arrear motor vehicle tax. Petitioner complied with the same and deposited the entire demanded amount of Rs. 10,830/- on 8.11.1994. Thereafter a show-cause notice was served on 8.7.1996. Annexure-3 asking him to pay a penalty of Rs. 20,235/- on the ground that in course of verification of the account by the Audit Party, it was found that no penalty was imposed for non-payment of the arrear tax (which was paid on 8.11.1994). On 18.7.1996 itself petitioner filed the show-cause stating that he was not liable to pay any penalty in view of the diligent and sincere payment of arrear tax on demand. When the matter stood thus on 8.7.1996 while granting temporary permit Annexur...
Narasingha Charan Ray Vs. Radhagobinda Deb Bije Markandeswar Sahi and ...
Court: Orissa
Decided on: Sep-16-2005
Reported in: 100(2005)CLT700; 2005(II)OLR523
L. Mohapatra, J. 1. The judgment-debtor is the petitioner before this Court challenging the legality of the order dated 11.4.2005 passed by the learned Additional Civil Judge (Senior Division), Puri in C.M.A. No. 12 of 2004 rejecting the prayer for amendment of the petition filed by the petitioner under Section 47 of the Code of Civil Procedure.2. The case of the petitioner before the Executing Court is that due to typographical error some lines have been omitted in the.petition filed under Section 47 C.P.C. and that the said lines are required to be incorporated by way of amendment. The further stand of the petitioner is that in view of the grounds taken by the decree-holders-opposite parties, the petition filed under Section 47 needs amendment for addition of certain new facts, which can be considered under the scope of the execution proceeding.3. The decree-holders-opposite parties filed objection stating that amendment, if allowed, would change the nature and character of the Execu...
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