Orissa Court March 2010 Judgments

K.N. Singh and anr. Vs. G.M. (Personnel), M.M.T.C. Ltd. and ors.

Court: Orissa

Reported in: 110(2010)CLT35

A.S. Naidu, J.1. An interesting point is raised for adjudication in the present Writ Petition, i.e., as to whether the Petitioners, who are Class-IV employees can be transferred outside the State.2. The Petitioners were initially appointed in the establishment of Mica Trading Corporation of India Ltd., in short, 'MITCo', which was a fully owned subsidiary of MMTC Ltd. In the year 1992, MITCo became economically crippled & sick. Thereafter, the matter was referred to the Board for Industrial & Financial Reconstruction, in short, 'BIFR' as per the provisions of the SICA Act, 1985. After prolonged hearing, BIFR came to the conclusion that it was no more possible to rehabilitate MITCo on its own. Therefore, it was decided for amalgamation of MITCo with MMTC Ltd. Consequently, MITCo merged with MMTC Ltd. with effect from 14.4.1994 & the same became a division of MMTC. After merger, the employees working in MITCo were treated as the employees of MMTC under the scheme.3. After such merger, it...

Haramohan Khuntia Vs. Union of India (Uoi), Represented Through Secret ...

Court: Orissa

Reported in: 109(2010)CLT793

B.K. Patel, J.1. This writ application is directed against the Order Dated 8.1.2001 passed by the Central Administrative Tribunal Cuttack Bench, Cuttack (for short 'the Tribunal') in O.A. No. 671 of 1996. Petitioner was the applicant before the Learned Tribunal.2. Petitioner retired on superannuation as Superintendent of Post Offices, Cuttack (South) Division in 1990. A departmental proceeding was initiated against him in the year 1992 under Rule 9 of the C.C.S.(Pension) Rules, 1972 (for short 'the Rules'). On conclusion of enquiry, the disciplinary authority passed order on 19.8.1996, copy of which is at Annexure-8, in consultation with UPSC, under Rule 9 of the Rules, withholding 20% of the monthly pension otherwise admissible to the Petitioner. Petitioner filed the Original Application impugning the charge sheet as Well as the order passed by the disciplinary authority. So far as Petitioner's challenge to the charge sheet issued to him under Memo dated 8.7.1992. Is concerned, the Le...

Debendra SwaIn and ors. Vs. State of Orissa and ors.

Court: Orissa

Reported in: 110(2010)CLT21

Sanju Panda, J.1. Challenge has been made in this Writ Petition to the Order Dated 30.10.2008 passed by the Learned Civil Judge (Junior Division), Nimapara in C.S. No. 157 of 2007 allowing the application flied by the present Opp. Parties 2 to 6 under Order 1 Rule 10 of the Civil Procedure Code to implead them as Defendants in the suit.2. Before proceeding with the contentions raised by the parties which are pleaded in the record, the following facts of the case are to be stated:The Petitioners as Plaintiffs flied the aforesaid suit for declaration of their occupancy right over the suit land, alternatively declaration of title by way of adverse possession, permanent injunction along with other reliefs. They further pleaded that the disputed land was the ex-intermediary estate of late Raybahadur Lokanath Mishra of Markendeswar Sahi, Puri. The suit land was fallow & non-productive land & its status was Anabadi. One Shayam Swain who was a settled rayati of village Bamera approached the ex...

Dhadia @ Ramesh Chandra Sahoo. Vs. State of OrissA.

Court: Orissa

1. This jail criminal appeal is directed against the judgment and order dated 27.01.2001 passed by the learned Additional Sessions Judge, Angul in S.T. Case No.52-A of 1997/73 of 1997 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.2. The case of the prosecution is that in the evening of 13.12.1996 when the victim was returning home, the accused-appellant came running with a tangia and dealt a blow to his neck. When the deceased fell down, it is alleged that the accused dealt successive tangia blows on his head and other parts of the body. Due to such assault the deceased died. The informant with others caught hold of the accused and tied him. The incident was reported to the police consequent upon which the police registered the case, proceeded with the investigation and after its completion submitted final form against the accused-appellant.3. The plea of the appellant is complete denial of the allegation.4. To substantiate the char...

Trinath BeherA. Vs. State of OrissA.

Court: Orissa

1. This Jail Criminal Appeal is directed against the judgment and order dated 13.12.2000 passed by the learned Additional Sessions Judge, Angul in Sessions Trial No.71-A of 1996/37 of 1997 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.2. The case of the prosecution is that the appellant and the deceased were working under one Kumuda Chandra Pradhan as Field Servants. The deceased was working at Kairiamba where as the appellant was working at Dimirpal. The deceased found 12 manas of 'Ahar' having been removed from the thrashing floor in his absence. On being asked, his son, the informant, told that the appellant and one Dasia Behera had come to the thrashing floor during his absence and they might have removed the same. On 05.03.1996, while the informant was sitting near a shop at Karatpata Chhaka, the appellant enquired about the deceased and challenged him about the allegation of theft. A quarrel ensued between them which was subs...

Sarat Chandra Panda and ors. Vs. Narsingh @ Nrushing Charan Paramguru

Court: Orissa

Reported in: 2010(I)OLR775

R.N. Biswal, J.1. The writ petition is directed against the order dated 19.9.2009 passed by the learned Civil Judge (Junior Division), Bhubaneswar in C.S. No. 122 of 2004 allowing the petition under Order-6, Rule-17 of C.P.C. filed by the opposite party.2. The petitioners are the defendants and the opposite party is the plaintiff in the aforesaid suit. The suit was filed with prayer to restrain the defendants from taking possession of the suit land forcibly and from changing the nature and character thereof. In their W.S. the defendants, inter alia, pleaded that they had purchased the suit land from the father of the plaintiff through registered sale deed Nos. 5575, 5576 and 5577 dated 8.8.1977. They also took the plea that after purchase of the land, they possessed and constructed a boundary wall over the same. On 2.3.2009, plaintiff filed the petition under Order-6, Rule-17 of C.P.C. seeking amendment of the plaint by inserting the prayer for declaration that the aforesaid registered...

Kunilata Dutta Vs. State of Orissa and ors.

Court: Orissa

Reported in: 109(2010)CLT675

S.K. Mishra, J.1. The Petitioner is aggrieved by the action of the Opp. Parties in canceling the selection process which was initiated under the old Guidelines issued by the State Government in Women & Child Development Department & issuing fresh advertisement on the basis of new Guidelines issued in the year 2007.2. Pursuant to Advertisement dated 10.04.2006, the Petitioner applied for being engaged as Anganwadi worker for Raipur Additional Anganwadi Centre within the jurisdiction of the Child Development 'Project Officer, Chandbali. The Petitioner further claims that as per the list of candidates published on the notice board of the C.D.P.O. Chandbali, the Petitioner secured first position. At that stage, Opp. Party No. 4 issued fresh advertisement on 09.07.2007 in canceling the previous advertisement issued on 10.04.2006. The Petitioner claimed that the entire selection process could have been completed much before the commencement of the new guideline, but for the latches of the Op...

Rokkam Ramprasad @ R. Ramparasad Vs. State of Orissa and ors.

Court: Orissa

Reported in: 2010(I)OLR787

R.N. Biswal, J.1. The writ petition is directed against the judgment dated 25.03.2009 passed by the learned Addl. District Judge, Gajapati, Parlakhemundi in Election Appeal No. 3 of 2008, wherein he allowed the appeal filed by opp. party No. 2 challenging the judgment dated 24.09.2008 passed by the learned Civil Judge (Junior Division), Paralakhemundi in Election Petition No. 6 of 2007.2. The fact necessary for disposal of the writ petition succinctly stated is that, petitioner and opp. party Nos. 2 and 3 contested for the office of Sarpanch in respect of Siali Gram Panchayat under Kasinagar Block in the District of Gajapati in the last Gram Panchayat election held on 21.02.2007. Opp. Party No. 2 having secured highest number of votes, was declared elected. The writ petitioner filed Election petition No. 6 of 2007 before the learned Civil Judge (Junior Division), Paralakhemundi with prayer to declare the election of the returned candidate as null and void and to declare him as elected ...

Sukadev Bhoi. Vs. State of OrissA.

Court: Orissa

1. These three appeals arise out of the common judgment dated 11.10.1999 passed in S.T. Case No.464 of 1998 whereby the learned Addl. Sessions Judge, Jagatsinghpur has convicted the appellants under Section 302/34, IPC and sentenced them to undergo imprisonment for life and pay a fine of Rs.1000/- each in default to undergo rigorous imprisonment for one month.2. Case of the prosecution, as unfolded during trial, is that one Sadananda Jena, a school teacher, was entrusted with the job of preparing list of persons of Sankharisahi village, to which both appellants and the deceased belonged, to get the benefits under the Below Poverty Line Scheme. Deceased Rasmiranjan was assisting him in identifying the persons entitled to get the benefit under the scheme. It is alleged that the teacher Sadananda Jena did not enlist the names of the appellants in the Below Poverty Line list. Due to that, there was some dissension between him and the appellants. On 08.11.1997, the deceased learnt that the ...

Tathagata Satpathy and anr. Vs. Priyabrata Patnaik and anr.

Court: Orissa

1. The petitioners are the accused persons in I.C.C. Case No. 2710 of 2008 pending before the learned S.D.J.M., Bhubaneswar. The complaint petition was filed by the opp. party no. 1 herein, against the petitioners and other accused persons making allegation of commission of offence under sections 499/500/501/502/34 IPC . The petitioner no. 1 is the Editor of the daily Oriya newspaper, "The Dharitri" and the petitioner no. 2 is its Printer and Publisher. On the complaint petition being filed, the learned S.D.J.M. recorded the initial statement of the complainant and by order dated 26.6.2008, considering the initial deposition of the complainant and the documents available on record found that prima facie evidence of commission of offence under sections 500/501/502/34 IPC is revealed. Hence, he took cognizance of the said offences and directed issuance of process against the accused persons including the two petitioners fixing 21.7.2008 for appearance. The petitioners accused persons as ...