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Orissa Court July 2007 Judgments

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Jul 12 2007

Smt. Gelli Dei Vs. Orissa Lift Irrigation Corporation Ltd. and ors.

Court: Orissa

Decided on: Jul-12-2007

Reported in: 104(2007)CLT839; [2007(115)FLR473]; 2007(II)OLR320

A.S. Naidu, J.1. Being aggrieved by the order dated 27.2.2002 (Annexure-7) issued by the Director of Lift Irrigation, Orissa, Bhubaneswar (opposite party No. 2) directing the husband of the petitioner to deposit the total amount received by him as salary and allowances from the Corporation for the overstayal period in service, i.e. from 1.12.1988 to 31.8.1997 and threatening him to face criminal charges if not done so, the present Writ Petition has been filed.2. The husband of the petitioner, Rama Chandra Nayak, was serving as a regular Pump Driver under the Orissa Lift Irrigation Corporation Limited, Cuttack. He joined service on 14.5.1966. In the service book of the employee his date of birth was noted as 25.11.1939. His name also found at sl. No. 98 of the gradation list prepared on 1.3.1989, vide Annexure-l which also reflects his date of birth to be 25.11.1939. The age of superannuation being 58th year, the employee was to retire on 30.11.1997. But then while he was continuing in ...


Jul 12 2007

Smt. Satyabhama Jena Vs. Dy. General Manager, Indian Oil Corporation L ...

Court: Orissa

Decided on: Jul-12-2007

Reported in: 104(2007)CLT362; 2007(II)OLR310

I.M. Quddusi, J.1. This Writ Petition has been filed against the impugned Order Dated 14.8.2006 under Annexure-11 withdrawing the letter of intent issued in her favour for the proposed retail outlet dealership at location Choudwar to Khuntuni.2. The brief facts of the case are that the Indian Oil Corporation Limited (in short 'The Corporation') made an advertisement for retail outlet dealership under the physically handicapped woman category vide advertisement dated 27.7.2004. The Petitioner applied along with other six persons for the retail outlet on the side of the road from Choudwar to Khuntuni in the district of Cuttack. The applications were scrutinized and the applications of three candidates were rejected on the ground that they did not meet the advertisement criteria. However, remaining four candidates including the Petitioner were issued with interview call letters on 8/9th of November, 2004. Thereafter on 11.11.2004, the Selection Committee inspected the three plots offered ...


Jul 12 2007

Smt. Rashmirekha Behera Vs. Presiding Officer, 3rd M.A.C.T.-cum-addl. ...

Court: Orissa

Decided on: Jul-12-2007

Reported in: 2007(II)OLR318

N. Prusty, J.1. This writ petition has been filed by the wife of one Sukanta Kumar Behera, who sustained injuries in a motor vehicle accident on 09.09.2001, representing her injured and insane husband, challenging the order dated 05.03.2007 passed in Misc. Case No. 35 of 2002 pending in the file of the learned 3rd M.A.C.T.-cum-Additional District Judge, Angul, in rejecting the petition filed by the petitioner for time to adduce further evidence, by examining the Doctor, who was treating her husband and also to examine the employer of her husband. In this writ petition she has prayed for appropriate orders to provide adequate opportunity to adduce relevant evidence by recalling order dated 05.03,2005 of the Tribunal.2. Heard Mr. Biswajit Mohanty, learned Counsel for the petitioner and Mr. G. P. Dutta, learned Counsel for the opposite parties.3. As it appears, vide order dated 21.02.2007, on an application filed by the petitioner, the case was adjourned to 05.03.2007 for the purpose of a...


Jul 12 2007

Pancha Tirtha Sebayat Sabuta Nijoga and ors. Vs. Sri Sri Gajapati Maha ...

Court: Orissa

Decided on: Jul-12-2007

Reported in: 104(2007)CLT596; 2007(II)OLR507

P.K. Tripathy, J.1. Heard further argument from both the parties and the Second Appeal is disposed of in the following manner.2. Plaintiffs are the appellants in the Second Appeal and the Defendants are the respondents. Plaintiffs belong to the 'Sabut Nijoga' and the suit was filed in the representative capacity in accordance with the provision under Order 1, Rule 8, C.P.C. There is no dispute to the status of the plaintiffs as the representatives of their community. Their contention in the plaint is also not detrimental to any person belonging to that community. Defendant Nos. 1 to 1 (jha) are the members of the Managing Committee by the date of institution of the suit and defendant No. 2 is the administrator of Lord Sri Jagannath Temple, Puri. Plaintiffs filed the suit with the assertion that they are one type of 'Sevayats' of Sri Jagannath Temple, Puri. Though they have not been assigned with any rites inside the temple, but their right to perform obsequies, 'Sradha' and 'Sankalpa' ...


Jul 12 2007

S.S. and Company Vs. Orissa Mining Corporation Ltd.

Court: Orissa

Decided on: Jul-12-2007

Reported in: AIR2007Ori185

A.K. Ganguly, C.J.1. This writ petition has been filed by M/s. S.S. & Company challenging the legality of Clause 8(i) of Tender Notice No. 85 dated 25-5-2007 issued by the Orissa Mining Corporation Limited under Annexure-1 to the writ petition. By the impugned Clause 8(i), the conditions relating to eligibility criteria have been inserted in the Tender Notice. The said Clause is set out below:8. The eligibility criteria of the tenders shall be as follows:(i) Only such tenders who fulfil the following eligibility criteria shall participate in the tender. The agency must have successfully executed similar work (as mentioned in NIT /raising work(s) of ore/minerals excluding Minor Mineral) for a minimum amount of 30% in case of a single work or 50% in the case of two works of the value of work shown in column No. 5 of SI. No. 2 of NIT in any one financial year during the last three years including 2006-07.2. The grievance of the petitioner is that the said Clause has been inserted for the ...


Jul 12 2007

Faridabad Gurgaon Minerals Vs. Orissa Mining Corporation Ltd.

Court: Orissa

Decided on: Jul-12-2007

Reported in: AIR2007Ori179

A.K. Ganguly, C.J.1. Faridabad Gurgaon Minerals (hereinafter referred as the petitioner) filed this writ petition impugning Clause 8 (vii) of the clauses appended to Tender Notice No. 85 dated 25-5-2007. The said tender was called by Orissa Mining Corporation Ltd. (hereinafter called OMC) which is a Government of Orissa Undertaking.2. By the said clause it has been provided that an agency which is already doing the work in a mine of OMC Ltd. will not be allowed to take up a second work in the said mine and such agency will not be allowed to participate in the tender.3. The petitioner challenged the said clause on various grounds. One of the contentions of the petitioner is that the said clause whereby the petitioner is debarred from participating in the tender has no nexus with the object which is sought to be achieved by the said Corporation which has floated the said tender. The petitioner admits that on the date of the said tender i.e. 25-5-2007, the petitioner was an agency who was...


Jul 12 2007

Danda Naik and Three ors. Vs. State of Orissa

Court: Orissa

Decided on: Jul-12-2007

Reported in: 2007(II)OLR742

A.K. Ganguly, C.J.1. The four accused persons, namely, Danda Naik, Sima @ Simanchal Naik, Bhaiga @ Bhagaban Naik and Debo @ Debaraj Naik were charged under Section 302/34 of the Indian Penal Code and all the accused persons, excepting accused Sima alias Simanchal Naik, were further charged under Section 307/34 of I.P.C. and they stood trial in the Court of the 1st Additional Sessions Judge, Berhampur, Ganjam in connection with Purusottampur P.S. Case No. 70/91 corresponding to G.R. Case No. 163/91 and Sessions Case Nos. 17 of 1992 and 23 of 1992.2. All the accused persons were convicted under Section 302/34 I.P.C. and all the accused persons excepting Sima @ Simanchal Naik were also convicted under Section 307/34 of I.P.C. and they were all sentenced to suffer imprisonment for life under Section 302/ 34 I.P.C. and all the accused persons excepting Sima @ Simanchal Naik were further sentenced to undergo rigorous imprisonment for one year for conviction under Section 307/34 I.P.C. Both t...


Jul 12 2007

Rajpath Motors Vs. Assistant Provident Fund Commissioner and anr.

Court: Orissa

Decided on: Jul-12-2007

Reported in: (2008)ILLJ361Ori

ORDERN. Prusty, J.1. The petitioner Rajpath Motors has filed this writ petition, inter alia, challenging the order passed by the Assistant Provident Fund Commissioner dated August 29, 2006 (Annexure-9) in a proceeding for review under Section 7-B of the Employees' Provident Funds and Miscellaneous Provisions Act 1952 (hereinafter referred to as 'the Act') as well as Original order dated June 9,2006 (Annexure-6) passed in a proceeding under Section 7-A of the Act.2. Heard Debasis Das, learned Counsel for the petitioner, P. K. Mishra, learned Counsel for opposite party No. 1 and D. P. Mohanty, learned senior advocate for opposite party No. 2.3. As it appears vide order dated June 9, 2006 (Annexure-6), the Assistant Provident Fund Commissioner, Orissa, Bhubaneswar, passed his final order in a proceeding initiated against the present petitioner under Section 7A of the Act and directed the petitioner to deposit Rs. 40,494/- towards E.P.F. dues and Rs. 23,553 towards interest @ 12% per annum...


Jul 12 2007

Krushan Ch. Panda Vs. State of Orissa and ors.

Court: Orissa

Decided on: Jul-12-2007

Reported in: 105(2008)CLT287

N. Prusty, J.1. This review application has been filed for review of Order-Dated 30.03.2007 passed by this Court in W.P.(C) No. 2283 of 2007. Heard Mr. K.K. Swain, Learned Counsel for the Petitioner.2. Mr.Swain, Learned Counsel submits that inadvertently he could not file the Government Circular dated 21.04.1997 relating to enhancement of the upper age limit for engagement of Sikshya Sahayak and if he would have filed the said Circular then the order passed in the Writ Petition would have been otherwise. Learned Counsel further submits that the averments made in the Writ Petition clearly indicates that the advertisement made for engagement of Sikshsya Sahayak (Annexure-3), which was under challenge in the Writ Petition, is not in conformity with the Scheme/Circular.3. As it appears from the prayer made in W.P.(C) No. 2283 of 2007, the Petitioner had not challenged the advertisement (Annexure-3) itself, which is said to be not in conformity with the Scheme/Circular dated 21.04.1997 rela...


Jul 11 2007

Pradeep Kumar Mohapatra Vs. Directorate General-crpf Four ors.

Court: Orissa

Decided on: Jul-11-2007

Reported in: 104(2007)CLT837; 2007(II)OLR382

ORDER1. Heard Mr. C.R. Patnaik, learned Counsel for the petitioner and Mr. S. K. Das, learned Counsel for the Central Government.2. In this writ application the petitioner has challenged the order of his dismissal from service passed by the D.I.G.P,, C.R.P.F., Guwahati (Assam) on 27.9.1999 vide Annexure-6 and the order dated 3.4.2000 rejecting the appeal passed by the I.G.P., C.R.P.F., Shillong (O.P.No.2) (Annexure-8).3. The facts leading to this writ application tend to reveal that the petitioner was recruited as a Constable/GD in the CRPF, and was posted as such under the Addl. D.I.G.P., Group Centre, C.R.P.F., Bhubaneswar (O.P.No. 5). On being promoted as L/NK/Constable, he was transferred and posted under the Commandant, 60 Bn., C.R.P.F., Nagaon (Assam) (O.P.-4). While working as such was engaged as Mess Under Officer for one month, i.e., from 26.10.95 to 25.11.95 at the C.R.P.F., Ors. Mess, Transit Camp, Jammu. While so working, allegation was made against the petitioner that he h...


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