Orissa Court May 2009 Judgments
Jitesh Kumar Nayak and 6 ors. Vs. Orissa Public Service Commission and ...
Court: Orissa
Decided on: May-21-2009
Reported in: 108(2009)CLT1
B.P. Das, J.1. These three Writ Petitions arise out of a common Judgment dated 02.09.2008 passed by the Orissa Administrative Tribunal in O.A. Nos. 1046 (C), 1467 (C), 843(C) and 1630 (C) of 2008. The same were, therefore, heard together and are being disposed of by this Judgment.2. The case of the Petitioners in W.P.(C) Nos. 3981 and 2992 of 2009 is that the Orissa Public Service Commission, (hereinafter 'OPSC') made an advertisement being No. 8 of 2006-07 dated 19.08.2006 for admission to the Orissa Civil Services Examination, 2006 for recruitment to the posts and services coming under the Orissa Civil Services (Category I and II) and the said examination was to be conducted as per the Orissa Civil Service (Combined Competitive Recruitment Examination) Rules, 1991. The said advertisement was originally for 289 posts, which was subsequently increased to 401 by corrigendum dated 06.10.2006. Thereafter the number was reduced to 380, vide notification dated 03.11.2006. Another corrigendu...
Tag this Judgment!Bapi @ Debadutta Ratnakumar Patra and Gour Chandra Maharana Vs. State ...
Court: Orissa
Decided on: May-21-2009
Reported in: 2009(II)OLR283
L.K. Mishra, J.1. In both the appeals judgment of conviction and order of sentence dated 16.1.2006 passed by Srf Srikanta Nayak, Special Judge, Keonjhar in S.C. No.121 of 1996 is under challenge, by which the learned Court while acquitting the appellants of the offences under Section 506 of the I.P.C. and Section 3(2)(V) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989 convicted them under Section 376(2)(g) of the I.P.C. and sentenced each to undergo R.I. for 10 years and to pay a fine of Rs.1000/- in default to undergo R.I. for one month. Therefore both the appeals were heard and are being disposed of by this common judgment.2. The prosecution case, in brief, is that the victim lady (name with-held) who was aged about 35 years at the time of occurrence is a widow and maintains her livelihood by purchasing and selling vegetables in weekly markets. On 20.12.1996, in the evening, as per her practice, she came back after purchasing vegetables from the local Hat at Champua. She came...
Tag this Judgment!Madhusudan Dikshit Vs. Uco Bank Represented Through Its General Manage ...
Court: Orissa
Decided on: May-21-2009
Reported in: 108(2009)CLT393; (2009)IVLLJ829Ori; 2009(II)OLR273
I.M. Quddusi, J.1. This writ petition has been filed with a prayer for quashing the impugned order of punishment dated 21.10.2000 (Annexure-6) passed by the Deputy General Manager & Discipline Authority, UCO Bank In departmental proceeding awarding punishment against each charge in terms of the UCO Bank Officers Employees' (Discipline & Appeal) Regulations 1976, relevant portion of which is reproduced as under:In exercise of powers conferred upon me in terms of Regulations 6 of the UCO Bank Officers Employees' (Discipline and Appeal) Regulations read with Regulation 4 of the above said regulation, I award the following penalties on the CSOE in the capacity of Disciplinary Authority.(1) Charge No.1-Proved-The Basic Pay of Sri M.S. Dixit (PFM No.20207) is reduced by two stages for a period of one year in the time scale applicable to him and during the period of such reduction Sri Dixit will NOT earn any increments of pay and on the expiry of such period the reduction shall not have the e...
Tag this Judgment!Dr. Smt. Manjushri Panigrahi Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-21-2009
Reported in: 108(2009)CLT410
M.M. Das, J.1. The Petitioner appeared as an in-service candidate in the P.G. (Medical) Selection, 2008. In the said selection test questions with multiple choice answers were set in a question answer booklet. Questions were set in 2 parts, being part-l & part-II. The Petitioner claims that she answered 11 questions correctly but due to wrong key answers being suggested, the Petitioner has been deprived of marks for the said 11 questions. The said questions being question Nos. 37, 128, 109, 21, 16 & 94 of part-l & question Nos. 120, 129, 139, 41 & 65 of part-II as well as 11 marks which has been deducted by way of negative marking of 1 mark each for the above 11 questions.2. Question No. 37 is as follows:Anopheles stephensi is vector for malaria inA. Rural areas B. Urban areas C. Project areas D. Forest areasModel Key Answer - A Candidate's answer - BThe Petitioner gave the answer 'B' whereas the key answer was suggested as 'A'. In Park's Text Book of Preventive & Social Medicine by K....
Tag this Judgment!Biranchi Narayan Das and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-21-2009
Reported in: 108(2009)CLT397
I.M. Quddusi, A.C.J.1. The Petitioners, who are the owners of Plot Nos. 352, 353 & 344 situated in Mouza-Nayapalli (North) now Jayadev Vihar, filed the Instant Writ Petition for a direction to the Opposite Parties to re-transfer & reconvey the land which they were compelled to contribute for implementation of the Scheme No. II in Nayapalli (North) after abandonment of the Scheme or in the alternative to allot equivalent extent of land that was taken in course of implementation of Town Planning Scheme No. II.2. The Bhubaneswar Development Authority had prepared Town Planning Scheme No. 2 for Nayapalli (North) in exercise of powers conferred under Chapter VI of the Orissa Development Authorities Act, 1982. Para-4 of the Scheme made provision for adequate road network, infrastructural facilities, drainage channel, construction of embankment road on either side of drainage channel. According to the scheme, Nayapalli (North) had a total area of 88.000 acres & out of the said land about 56 a...
Tag this Judgment!Sri Kalyan Mahanty Vs. Presiding Officer, Debts Recovery Tribunal and ...
Court: Orissa
Decided on: May-20-2009
Reported in: AIR2009Ori181; 108(2009)CLT11
B.N. Mahapatra, J.1. This Writ Petition has been filed for quashing the Order Dated 21.04.2005 (Annexure-1) by which the Petitioner's application to cross-examine the officers of the Bank, who had filed evidence in chief in T.C. No. 112/2001, was rejected and the Order Dated 27.07.2005 by which the matter was posted to 25.08.2005 for orders without giving him opportunity of being heard on the merits of the case.2. Facts and circumstances giving rise to the present Writ Petition are that the Petitioner being an erstwhile Director of the Opposite Party No. 2-Company, had executed a guarantee deed in favour of Opposite Party No. 5-Bank for the purpose of taking loan for smooth running of business of the company in the year 1987. Petitioner resigned from the company in the year 1988. Since the company violated the terms and conditions of the loan agreement, Opposite Party-Bank initiated recovery proceeding in the year 1991 by preferring TMS No. 51/1991 before the Subordinate Judge, Bhubane...
Tag this Judgment!Hiradhar @ Hira Kisan Vs. State of Orissa
Court: Orissa
Decided on: May-20-2009
Reported in: 2009(II)OLR370
Pradip Mohanty, J.1. This appeal is directed against the judgment and order dated 24.04.2004 passed by the learned Ad hoc Addl. Sessions Judge, Sundargarh in ST. No. 204/76 of 2003 convicting the appellant under Section 302, IPC and sentencing him to undergo rigorous imprisonment for life.2. The prosecution case in brief is that the deceased was a mason and the sister of the accused-appellant was working as a Reja (female coolie) under him. The deceased had illicit relationship with her. On 20.01.2003 evening, the deceased was found missing from his house, for which on 22.01.2003 information was given at the police station by the informant (P.W.1), who happens to be the brother of the deceased. On 23.01.2003, P.W.2 came to the informant and informed that last Monday at about 10 P.M. the accused-appellant came to his house and called him to search for his sister. While searching, both of them saw his sister coming from the side of a nearby well. The deceased was following her. Seeing th...
Tag this Judgment!Dr. Gautam Patnaik and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-20-2009
Reported in: 108(2009)CLT414
M.M. Das, J.1. As common questions of fact & law arise in all the writ petitions, they were heard together on the question of law & the Learned Counsel for the respective Petitioners also individually raised contentions in support of the facts of the respective cases, & are disposed of by this common Judgment.2. All the Petitioners in the aforesaid writ petitions have called in question the marks awarded to them by the Opp. Parties while evaluating their answer scripts in the P.G. (Medical) Entrance Examination, 2009. The Petitioners in W.P.(C) Nos. 3351, 3352, 4423, 5473 & 6045 of 2009 appeared in the said examination as in-service candidates & the Petitioner in W.P.(C) No. 6062 of 2009 appeared in the said examination as direct candidate to take admission into the P.G. (Medical) Course.3. A counter affidavit has been filed by the Convenor, P.G. (Medical) Selection Committee, 2009-cum-Principal, M.K.C.G. Medical College, Berhampur in W.P.(C) No. 5473 of 2009, which has been adopted in...
Tag this Judgment!Dr. Asish Patnaik and ors. Vs. State of Orissa and ors.
Court: Orissa
Decided on: May-20-2009
Reported in: 108(2009)CLT404
M.M. Das, J.1. As common questions of law & facts arise in all the aforesaid Writ Petitions, they were heard together & are disposed of by this common Judgment.2. Each of the Petitioners in the aforesaid writ petitions have prayed for issuance of a direction to the Opp. Parties to extend additional weightage of 10% of the marks secured by the Petitioners for computing their ranking in the entrance examination for taking admission to Post Graduate (Meciical) Courses, 2009. An additional prayer has been made in W.P. (C) Nos. 1952, 5551 & 5552 of 2009 to issue a further direction to the Opp. Party - State to modify the circular dated 3.1.1997 incorporating the P.H.C. Areas as described under the National Health Plan, 1983 & thereby including the PHC areas, where the Petitioners in the aforesaid three writ petitions have served, as Tribal areas basing on the percentage of tribal population in the said areas. The concerned R.H.Cs in the aforesaid three writ petitions are P.H.C., Anandapur, ...
Tag this Judgment!Biswajit Patnaik Vs. State of Orissa
Court: Orissa
Decided on: May-20-2009
Reported in: 2009(II)OLR456
ORDERPradip Mohanty, J.1. Mr. Asok Mohanty, Sr. Advocate enters appearance for the appellant by filing appearance memo. The same be placed on record. The name of Mr. Asok Mohanty, Sr. Advocate be indicated in the cause list henceforth.2. This is an application for suspension of conviction and sentence passed against the appellant-petitioner.3. Heard Mr. Mohanty, learned Sr. Counsel for the appellant and Mr. S.K. Das, learned Additional Standing Counsel (Vigilance).4. The appellant has been convicted for commission of offence under Section 13(1)(d) punishable under Section 13(2) of the P.C. Act, 1988 and Section 7 of the said Act and sentenced to undergo R.I. for one year and R.I. for six months respectively with an observation that the sentences are to run concurrently. Learned Counsel for the appellant-petitioner submits that the complainant (P.W.3) has turned hostile. P.W.2, who is stated to be an overhearing witness, did not support the prosecution case. In this view of the matter, ...
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