Orissa Court February 2010 Judgments

Jogendranath Gharai Vs. Chairman and Managing Director, U.Co. Bank and ...

Court: Orissa

Reported in: 2010(I)OLR874

B.N. Mahapatra, J.1. This writ petition has been filed challenging the order dated 21.4.2007 (Annexure-9) passed by opposite party No. 3 Deputy General Manager (appellate authority) whereby the order dated 13.7.2006 (annexure-6) passed by opposite party No. 4-Chief Officer (disciplinary authority) has been modified without any variation of the punishment of removal from service with superannuation benefits such as pension and/or provident fund and gratuity as were due otherwise under the Rules and Regulations prevailing at the relevant time and without disqualification for future employment.2. Bereft of unnecessary details the facts and circumstances giving rise to the present writ application are that on 1.9.1989 the petitioner was given appointment as Peon-cum-Farash in the UCO Bank at Langaleswar Branch in the district of Balasore. Thereafter, the petitioner was given promotion to the post of Clerk from the post of Peon. While he was working as Clerk in the UCO Bank at Thakurpatna B...

Sitaram Pradhani and anr. Vs. State of Orissa

Court: Orissa

Reported in: 2010(I)OLR967

Pradip Mohanty, J.1. This appeal is directed against the judgment and order dated 29.10.1 998 passed by the learned Additional Sessions Judge Titilagarh in Sessions Case No. 123/20 of 1997 convicting the appellants under Sections 302/201, IPC and sentencing them to undergo imprisonment for life for the offence under Section 302, IPC and rigorous imprisonment for three years and to pay fine of Rs. 500/- in default to undergo rigorous imprisonment for one month for the offence under Section 201, I.P.C. with a direction to run the sentences concurrently.2. The prosecution case in brief is that on 16.11.1997 at about 11.00 AM at village-Rahenbhata the appellants committed murder of deceased Raibari, the first wife of appellant No. 1, in their house giving blows with Bamboo lathi and buried the dead body in their nearby Bandhanbahali land with a view to cause disappearance of evidence. On the death of the deceased in suspicious circumstances and subsequent absconding of the appellants, a me...

Sitaram Pradhani and anr. Vs. State of OrissA.

Court: Orissa

1. This appeal is directed against the judgment and order dated 29.10.1998 passed by the learned Additional Sessions Judge, Titilagarh in Sessions Case No.123/20 of 1997 convicting the appellants under Sections 302/201, IPC and sentencing them to undergo imprisonment for life for the offence under Section 302, IPC and rigorous imprisonment for three years and to pay fine of Rs.500/- in default to undergo rigorous imprisonment for one month for the offence under Section 201, I.P.C with a direction to run the sentences concurrently.2. The prosecution case in brief is that on 16.11.1997 at about 11.00 AM at village-Rahenbhata the appellants committed murder of deceased Raibari, the first wife of appellant no.1, in their house giving blows with Bamboo lathi and buried the dead body in their nearby Bandhanbahali land with a view to cause disappearance of evidence. On the death of the deceased in suspicious circumstances and subsequent absconding of the appellants, a meeting was held in the ...

Saroj Kumar Nayak Vs. State of Orissa and ors.

Court: Orissa

Reported in: 2010(I)OLR737

A.S. Naidu, J.1. The petitioner seeks to assail the order dated 28.7.2008 (Annexure-11) passed by the Deputy Director, NGC-II suspending him from service in exercise of the powers conferred upon him under Sub-rule (1) of Rule 21 of the Orissa Education (Recruitment and Conditions of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974, in short, '1974 Rules' contemplating initiation of a proceeding, mainly on the ground that the said order not only suffers from lack of jurisdiction but also is otherwise unjust, illegal and contrary to law.2. To understand the inter se disputes, it would be prudent to refer to state the case of the petitioner.'Brundaban Subudhi College' situated at Daspalla in the district of Naygarh was established in the year 1977 and was recognized the prescribed authority as Intermediate Arts College in the year 1978. In the year 1981 the Governing Body of the said college decided to introduce 'Education' as an optional subject. After rec...

Sri Dinabandhu Sarangi Vs. Orissa Forest Development Corporation Limit ...

Court: Orissa

Reported in: 109(2010)CLT731,2010(I)OLR622

ORDER1. Heard learned Counsel for the petitioner and learned Counsel for the opposite party.2. The petitioner was working as a Sectional Supervisor in the Orissa Forest Development Corporation, in short, 'Corporation' and was posted at Choudwar Saw Mill. On the basis of certain allegations, he was put under suspension with effect from 4.6.1980. After suspending him, no action was taken by the authorities of the Corporation till 23.11.1983, when charge-sheet was framed and served upon the petitioner alleging commission of misconduct. After receiving charge-sheet, the petitioner approached the authorities and requested them to recall the suspension order and permit him to discharge his duties. Considering the said application, the suspension order was recalled and the petitioner was permitted to join at Rairakhol. Thereafter, the petitioner filed his show cause denying all the allegations levelled against him. Even after receipt of the show cause, no action was taken for initiation of de...

Sanjay Rastogi, Vs. State of Orissa

Court: Orissa

Reported in: 2010(I)OLR730

B.P. Ray, J.1. All these three aforesaid criminal misc. cases have been filed challenging the registration of the Cuttack Vigilance P.S. Case No. 47 of 2008 and continuance of investigation thereon pertaining to the allegation of commission of offences Under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and Under Sections 420, 120-B of the I.P.C. said to have been committed by the petitioners in awarding an execution of the contract work of Cuttack Development Authority for development of the plotted scheme in Sector Nos. 8, 10 and 11 of the Markat Nagar, Cuttack. The petitioners have come up with a payer to quash the F.I.R. as well as the investigation conducted in the aforesaid Vigilance Case.2. Common question of law and fact being involved in all these three cases, the same are being heard together and disposed of by this common order.3. Facts relevant for disposal of these petitions Under Section 482 Cr.P.C. of these petitioners are as follows:Cuttack Develo...

Madhu Mohanty Vs. State of Orissa and anr.

Court: Orissa

Reported in: 109(2010)CLT741,2010(I)OLR676

B.P. Ray, J.1. In this application under Section 482 Cr.P.C. the accused-petitioner assails the order dated 15.7.2006 passed by the learned S.D.J.M., Puri rejecting his prayer to recall the order taking cognizance.2. The complainant-Opposite party instituted a case under Section 138 of the N.I. Act on the allegation that the accused was selling homestead lands at Puri. She paid a sum of Rs. 1,10,000/- to the accused to purchase a piece of land there. When the accused did not register the land in her favour, she demanded refund of the money together with interest. The accused in discharge of the said debt issued a cheque for No. 1,67,000/-in her favour. The complainant presented the cheque for collection, but the same was dishonoured. The complainant issued a notice demanding the payment. Since no payment was made within the stipulated period, the complainant lodged the complaint.3. Learned Magistrate on consideration of the materials on record took cognizance of the offence and issued ...

Akura Nayak Vs. State of Orissa

Court: Orissa

Reported in: 2010(I)OLR994

S.K. Mishra, J.1. In this Appeal, the appellant calls in question the order passed on 18.12.2006 by the learned Adhoc Addl. Sessions Judge, Fast Track Court, Khurda in S.T. Case No. 94/535 of 2004, wherein the learned Court below forfeited the bail bond filed by him and ordered for realisation of the bail amount from him.2. The appellant stood as surety for the accused persons in S.T. Case No. 94/535 of 2004 for bail bond of Rs. 10,0007- each. After completion of trial, the learned Adhoc Additional Sessions Judge, Khurda, as per his judgment dated 9.11.2006 convicted the four accused persons. On their application, learned Court below allowed them to remain on bail by resorting to the provision under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code' for brevity) and to obtain an order of bail from the High Court within thirty days. Accordingly, on 9.11.2006, the appellant stood as surety for the convicts for bail amount of Rs. 10,000/- each with an u...

Sanjay Rastogi and ors. Vs. State of OrissA.

Court: Orissa

1. All these three aforesaid criminal misc. cases have been filed challenging the registration of the Cuttack Vigilance P.S. Case No. 47 of 2008 and continuance of investigation thereon pertaining to the allegation of commission of offences U/s 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and U/ss. 420, 120-B of the I.P.C. said to have been committed by the petitioners in awarding an execution of the contract work of Cuttack Development Authority for development of the plotted scheme in Sector Nos. 8, 10 and 11 of the Markat Nagar, Cuttack. The petitioners have come up with a prayer to quash the F.I.R. as well as the investigation conducted in the aforesaid Vigilance Case.2. Common question of law and fact being involved in all these three cases, the same are being heard together and disposed of by this common order.3. Facts relevant for disposal of these petitions U/s. 482 Cr.P.C. of these petitioners are as follows:-Cuttack Development Authority is an authority consti...

Kamalu Hantal and anr. Vs. State of OrissA./

Court: Orissa

1. In the present criminal appeal, the appellants have assailed the judgment and order dated 22.03.2002 passed by the learned Additional Sessions Judge, Malkangiri in S.C. No.56 of 1999 (S.C.58 of 1997 of Sessions Judge, Koraput at Jeypore) convicting them under Sections 324/114 IPC and sentencing each of them to undergo rigorous imprisonment for two years and pay a fine of Rs.1000/- in default to undergo R.I. for two months.2. The case of the prosecution is that on 23.10.1996 at 5.30 PM informant Surendra Rauta with his labour Gopinath Mandi was going to bring paddy bundles from their field when he found the wife of appellant no.1 Kamulu Hantal and daughter of Sadhu Hantal, namely, Bimala catching fish at RAJA BANDHA BILLO. The informant asked them not to catch the fish as he had given the ridge on the said land. Meanwhile, accused Sadhu Hantal came there and quarrelled with the informant. His younger brother Kamulu Hantal also came and joined Sadhu Hantal. Just then Lambodhar Rauta, ...