Court : Orissa
Reported in : 101(2006)CLT563; 2006(I)OLR491
..... if the collector finds that a case for action under section 115 and/or 116 of the act is not made out and yet the sarpanch and the secretary are to be disciplined, then he should pass appropriate order for exercise of the financial power by sarpanch and the secretary with prior approval of a responsible officer like the district panchayat officer/grama panchayat extension officer, as the ..... 1987 (ii) olr 538 in which in a different fact situation while considering the nature of power under section 109 of the act, it has been held that-.undoubtedly under section 109, the collector or such other officer or person specially authorized in that behalf by the state government shall exercise general powers of inspection, supervision ..... -1 was not prompted by good reasoning and provisions of the statute, we quash the order annexure-1 leaving it for consideration of the collector or the state government, as the case may be and for appropriate action against the petitioners, if required. ..... authorities find that petitioners as sarpanch and secretary respectively are doing things which are detrimental to the institution and to the panchayat, then as suggested by this court in the above quoted passage, appropriate action should be taken under sections 115 and 116 of the act. ..... that collector and the district panchayat officer, kendrapara have no power and authority under the orissa grama panchayat act, 1964 (hereinafter referred to as 'the act') and the rules made there under to pass such order. .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT497
..... society, which has been established for a particular purpose or purposes, if feels that it is advisable to alter, extend, or abide any such purpose to or for other purposes within the meaning of this act, the governing body of the society is to submit the proposition of the members of the society in a written or printed report, and may convene a special meeting for the consideration thereof according to the ..... 1 and 2 in their counter affidavit have admitted the position that 'governing body of barapada school of engineering and technology' was registered under the societies registration act, 1860 on 6.8.1992 and is currently managing one diploma institution with the name of barapada school of engineering and technology and one engineering college with the name ..... the writ petitioner has prayed for issuance of a writ of mandamus or any other appropriate writ directing the opposite parties to allow him as the ex-officio president to reconstitute the governing body of the institute 'bhadrak institute of engineering and technology, bhadrak' in accordance ..... vested with the society, the alleged financial irregularity committed by the present chairmen is to be placed in the meeting of the society to take appropriate action and , as such, opposite party nos. ..... to take up the matter at the appropriate level as is available to him under ..... governing body and, therefore, the principal of the institution is duty bound to convene the governing body and take appropriate decision as per the bye-laws. .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR657
..... local or other authorities and corporations or societies controlled or owned by the state government:provided the if the state government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations or societies from which the provisions of this sub- ..... before the tribunal, had no cause of action nor were they in any manner aggrieved by any order to approach the tribunal, which was the statutory requirement of section 19 of the act and secondly, the order of the tribunal striking down the provisions of rules 6(1)(b) and 7(2)(a) of the 1989 rules as unconstitutional is absolutely not correct as the same is not in conformity ..... conclusion is that only a person aggrieved by any order can approach the tribunal under section 19(1) of the act after exhausting all remedies under the relevant service rules as to redressal of his grievance and the state tribunal shall exercise its jurisdiction under section 15 of the said act.next we have to see whether the opposite parties/applicants were aggrieved by any order and had ..... be appropriate to deal with the question of locus standi of the opposite parties/applicants to file the original applications before the orissa administrative tribunal.at the outset it is profitable to quote the statutory provisions of the act, .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori117; 2006(I)OLR744
..... sovesh roy, learned senior counsel for the petitioners placing reliance upon section 62(3) of the electricity act, 2003, which provided-62(3) the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of electricity during any specified period or the time at which the supply is required or ..... reported in : air2003sc2120 , held as follows:.in an appropriate case, in spite of availability of the alternative remedy, the high court may still exercise its writ jurisdiction in at least three contingencies: (i) where the writ petition seeks enforcement of any of the fundamental rights: (ii) where there is failure of principles of natural justice or, (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act and is challenged....here in this case, the writ petition has been filed on the ..... of the state's power sector that would be beneficial for the industries as well as the licensees.after observing the aforesaid, the oerc in paragraph 8.23 came to the following conclusion:8.23 the commission under section 62(3) is empowered to fix an appropriate tariff taking into consideration the consumer's load factor, power factor, voltage, total consumption of electricity during any specified period or the time at which the supply is required or the geographical position of any area, the .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR784
..... amount of cost as well as, interest part of the order of the tribunal from the then superintending engineer, hirakud dam project, burla circle and the executive engineer, main dam division, burla and also to take appropriate action for the lapses and disobedience of the government directions made by them after providing opportunity to them as provided under the law.17. ..... thereafter on 9.2.1988 the hon'ble supreme court issued direction to the presiding officer, labour court, sambalpur to pass appropriate orders for implementing their lordships' order dated 13.8.1985 with 10% interest per annum. ..... thereafter on 29.2.1988 the opposite party filed an application under section 33(c)(2) of the industrial dispute act, 1977 for identifying as one of the beneficiaries of the award. ..... in spite of the above mentioned repeated directions of the state government, the superintending engineer who was personally responsible to implement the directions of the state government, did not act accordingly. .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT190; 2006(II)OLR146
..... suggested to the disciplinary authority, while forwarding the enquiry report to treat the period of suspension as duty and in case the petitioners succeed they be entitled to the pecuniary benefits and the family pension be re-fixed at the appropriate rate.10. ..... a stand has been taken in the counter that the employee concerned being a state government employee the dispute raised by him can only be adjudicated by the state administrative tribunal under the administrative tribunals act, 1985 and that the writ petition is misconceived and not maintainable. .....
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR474
..... in the present case, evidence of the witnesses disclose that railway quarters, shops, school, spinning mill, some private houses are available near the acquired land. ..... not being satisfied with the said award, the respondent prayed the land acquisition collector to refer the matter to the subordinate judge, bargarh under section 18 of the land acquisition act for determining his claim for higher compensation. .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT585; 2006(II)OLR760
..... the minutes of the meeting after the 'x' marks in page 3 of annexure-2 with regard to the proposals and resolutions and the discussions made are thus contrary to the provisions of the act and the rules made thereunder and thus no exception can be taken to the decision of the chairperson disallowing the members from raising any other proposal for discussion in the adjourned meeting of a requisition ..... made that the adjourned meeting was held on 5.11.2004, it is purportedly signed on 9.11.2004 and proceeding was dispatched on 19.11.2004, even though in accordance with rule 71(2) of the act, the proceeding and resolution ought to be circulated within three days from the date of resolution and, as such, that speaks of manipulation and therefore has no effect.3. ..... the vice-chairman referring to rule 47, requested the chairman to take appropriate action against such members creating disturbance, but at that point of time, she left the hall along with ..... the writ petition has been raised in view of the provision of section 398 of the orissa municipal act under which the petitioner could have approached the state government for appropriate remedial measures. ..... learned counsel for the petitioner referring to page 4 of the resolution in annexure-2, submitted that even though section 103 of the act and rule 93 of the rules are with regard to inspection of stamping of weights and measures, the resolution speaks of the vice-chairperson's power under the siad rule, which indicates the manner and .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT524
..... of the excise commissioner relating to any dispute on account of lottery in the district level shall be final which shall be binding on all the applicants to the lottery.sub-section (2) of section 8 of the bihar & orissa excise act, 1915 envisages that orders passed under this act under any rule made hereunder shall be appealable in such cases, to such authorities and under such procedure as may be prescribed by the rules made under clause (c) of section 89(2). ..... be no appeal against an order increasing or decreasing in the number of licences ' under the proviso to rule 32 of these rules for the sale of foreign liquor.on a harmonious reading of the aforesaid provisions of the act and rules it is quite clear that any order made by the collector or the additional district magistrate can be challenged before the commissioner.12. ..... 59 and 60 of the orissa excise rules, 1965 and referring to section 89(2)(c) and section 8 of the act came to the conclusion that any order/judgment passed by any subordinate officer can be appealed before the collector. ..... forum.accordingly, we are not inclined to entertain this writ petition and dispose of the same with the observation that if so advised the petitioners are at liberty to assail the order before the appropriate authority. ..... , the collector, ganjam-gajapati, invited applications in form-a on 13.7.2005 (annexure-3) for settlement of country liquor shops through lottery for the year 2005-2006 giving rise to the option to the petitioners, opp. .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR576
..... in case, where quashing of charges/convictions may not be in the interest of justice, it shall be open to the court to pass such appropriate orders as may be deemed just in the circumstances of the case. ..... at the most the periods of time prescribed in those decision can be taken by the courts seized of the trial or proceedings to act as reminders when they may be persuaded to apply their judicial mind to the facts and circumstances of the case before them and determine by taking into consideration the several relevant factors as pointed out in a.r. ..... 226 and 227 of constitution can be invoked seeking appropriate relief or suitable directions. ..... this is an appropriate occasion to remind the union of india and the state governments of their constitutional obligation to strengthen the judiciary-quantitatively and qualitatively-by providing requisite funds, manpower and infrastructure.in the case of cbi v. dr. ..... in appropriate cases jurisdiction of high court under section 482 of the cr.p.c. ..... mohapatra argued that the prosecution cannot be blamed as it abided by the orders of the court all along and never acted with malice or negligence. ..... act read with sections 420 and 120-b, ipc. .....
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