Orissa Court January 2012 Judgments

M/S. U.K. Sahoo and Others Vs. the Presiding Officer, Cgit-cumlabour C ...

Court: Orissa

Reported in: 2012(3)LLN783

S.K.MISHRA, J. 1. A subtle but interesting question arises in this batch of writ petitions. Whether the Industrial Tribunal or Labour Court is required to decide as a preliminary issue, the question regarding the validity/fairness of the domestic enquiry in pursuance of which a punitive dismissal order has been passed against the workman ? 2. Short facts leading to filing of these writ petitions are that the opposite parties were working as Mazdoor of the petitioner. On 22.04.2006, it is alleged that while working in the Dungri Lime Stone Quarry of ACC Cement Ltd., they indulged in disruptive activities which amounted to misconduct. So explanation was called for from them. Not finding explanation to be satisfactory, disciplinary actions were initiated and after due enquiry they are found guilty as alleged. Thereafter, 2nd show-cause notices were issued. Causes shown were found unsatisfactory. Thereafter, as a disciplinary measure, the management imposed punishment for their dismissal f...

C.V. Raman College of Engineering Vs. State of Orissa and Others

Court: Orissa

Reported in: 2012AIR(Ori)108

S.C. Parija, J. 1. This writ petition has been filed challenging the inaction of the Biju Patnaik University of Technology (BPUT for short) in not implementing the decision of the University Grant Commission (UGC for short), granting autonomous status to the petitioner College and not taking necessary action in that regard. The petitioner also assails the decision of the State Government not to accord autonomous status to the petitioner College. 2. The brief facts as detailed in the writ petition is that the UGC-opposite party no.3 under its XIth Plan Guidelines (Annexure-1), prepared a Scheme of Autonomous College to increase the number of autonomous colleges in the country, with a target to make 10% of eligible colleges autonomous by the end of XIth Plan period i.e., 2007-2012. In terms of the said guidelines of UGC, the petitioner College submitted its proposal for autonomous status from the academic session 2010-11, in the prescribed format, duly signed and recommended by the Regis...

Banalata Dash Vs. State of Orissa and Others

Court: Orissa

S.K. Mishra, J. 1. The petitioner, mother of the deceased-Smruti Ranjan Das @ Papu, has filed this writ petition seeking directions from the Court to handover investigation of the custodial death of her son to CBI for independent and fair investigation and direct the State to give adequate compensation to her for the death of her son. 2. The petitioner’s son, Smruti Ranjan Das, was arrested on 05.09.2001 in connection with G.R. Case No.1408 of 2000 and was forwarded to the Choudwar Circle Jail on 06.09.2001, vide Admission No.3455 of 2001. While the said Smruti Ranjan Das was in Choudwar Jail under the supervision and control of the Choudwar Jail authorities, he was declared dead on 02.12.2001. On receiving the information, the petitioner and others went to Choudwar Jail and were informed that the dead body of the deceased has been sent for post-mortem examination to the S.C.B. Medical College and Hospital, Cuttack. In S.C.B. Medical College and Hospital, she requested the author...

Dhruba Charan Panda Vs. State of Orissa and Others

Court: Orissa

S.K. Mishra, J. 1. The petitioner in this case prays to quash the order passed by the Electoral Registering Officer-Cum-Block Development Officer, Bhapur, District- Nayagarh, opposite party no.4, including the names of Rabindra Kumar Sahoo, opposite party no.6, and Saudamini Sahoo, opposite party no.7, in the voter list of Ward No.15 in respect of village Kendupalli which comes within the area of Salapada Grama Panchayat. 2. Opposite party no.2, i.e. the State Election Commission issued notification on 12.8.2011 which was latter on modified on 13.9.2011 for preparation of ward wise Electoral Rolls of all the Grama Panchayats for the purpose of conducting General Elections to the three tier Panchayati Raj Institutions (hereinafter referred to as “PRI” for brevity). On receipt of notification the Collector, Nayagarh, opposite party no.3, appointed opposite party no.4 to prepare the Electoral Rolls for the Block in question, for General Election, 2012. During the preparation o...