Court : Orissa
Reported in : (2009)107CALLT504(NULL)
indrajit mahanty, j.1. in this writ application the petitioner-ajaya kumar dash, a judicial officer, has sought to challenge the order of his reversion dated 24.2.2000 passed by this court purportedly pursuant to the order arising out of disciplinary proceeding no. 4 of 1995.2. from the pleadings it appears that the petitioner had preferred writ petition (civil) no. 15 of 2002 before the hon'ble supreme court of india under article 32 of the constitution of india and the hon'ble supreme court by its order dated 11.2.2002 was pleased to dismiss the said writ petition as withdrawn with liberty to the petitioner to file a petition under article 226 of the constitution of india and accordingly, the present writ application has been filed.3. shorn of unnecessary details, the case of the petitioner in brief is that the petitioner joined in service as a probationary munsif in the year 1982 and on completion of his probation, he was promoted to the post of judicial magistrate, iind class in march, 1984 and in december, 1985, the petitioner was posted as judicial magistrate, first class at udaigiri in the district of phulbani. it is further averred that the petitioner, thereafter, was promoted to the post of class-i officer in the year 1990 and was posted as the s.d.j.m., hindol and ultimately came to be posted as the s.d.j.m., kamakshya nagar with effect from 22.4.1995. while the petitioner was working as the s.d.j.m., kamakshya nagar, he was issued with a notice dated 7.7.1995 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori121
..... these two facts at best may show the proprietor's bad management, but that bad management cannot be said to be effect of 'persistent failure to discharge a legal obligation. ..... on the other hand, in his recommendation, he points out the duty of the government to take over the management on a hypothetical assumption by saying 'when an estate's management is bad it is the duty of the government that we should take it over'. ..... it is unfortunate that the petitioner's affidavit has been exceedingly badly drafted and contains a great deal of in-ferences, surmises and arguments, its chief feature being lack of important particulars on many essential points. ..... during the hearing the petitioner filed a certified copy of the recommendation made by sri ramanathan on 1-12-1951 which, is in the following terms:'when an estate's management is bad it is the duty of the government that we should take it over. ..... ramanathan setting out all the facts of the case, this laconic sentence may be intelligible and may amount to an expression of the view by him that the estate management is bad as a result of certain other facts mentioned in the office note. ..... it is, of course, upon the petitioner to make out a case of bad faith and it is on him to show that the government deprived him of his estate under colour and pretence of protecting it in the public interest. ..... the recommendation of the court of wards was as follows: when an estate management is bad, it is the duty of government that we should take it over. .....
Tag this Judgment!Court : Orissa
Reported in : [2005]141STC26(Orissa)
..... . he submitted that since withdrawal notifications dated 30th july, 1999 are bad inasmuch as they have, contrary to the ipr 1989, discontinued deferment of payment of sales tax before completion of the period of seven years from the date of commercial ..... stc 258 ; (1998) 8 jt 2 (sc) for holding the notification issued under section 7 of the bihar finance act as bad in law is not available in the facts of the present case.62 ..... which arises for consideration is whether the impugned notifications dated july 30, 1999 are bad being contrary to iprs 1980, 1986 and 1989 ..... any notification issued by the government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government resolution, then the said notification must be held to be bad to that extent... ..... be entitled to under the industrial policy resolution of the state government and to the extent such notification is found repugnant to the industrial policy resolution declared by the government, such notification must be held to be bad ..... in which it was held that a notification issued by the state government in exercise of powers under section 7 of the bihar finance act to the extent it is repugnant to the industrial policy resolution of the government of bihar is bad ..... the orissa sales tax act by the finance department withdrawing the exemption are repugnant to the ipr of the state government and must be held not to be in public interest and to that extent bad .....
Tag this Judgment!Court : Orissa
Reported in : [1964]54ITR328(Orissa)
..... income-tax officer and thought that mere unconscionable delay in completing the penalty proceedings may render the penalty order bad, though the tribunal was also conscious of the fact that no special time limit was prescribed in the act for passing an order of penalty, ultimately, the tribunal passed the following order :'there being no ..... but this reference was necessitated because the order of penalty was set aside solely on the ground that it was bad in law, and for the reasons already given above this view of the tribunal was based on a misconception.the question is accordingly answered in the negative, but there will be no order for costs.misra ..... 'from the aforesaid passage it will be clear that the learned judge held the order of penalty to be bad because the department had not established beyond reasonable doubt that there was a default committed by the assessee in filing ..... he has nowhere stated that the order was bad solely because of the unconscionable delay..it is well settled that a rule of limitation must be expressly provided in a statute and cannot be inferred merely on account of unreasonable ..... (which provides for special rules of limitations for the various proceedings under that act) there is no express provision prescribing the period within which an over of penalty should be passed, no such order can be held to be bad in law merely because of the inordinate delay. mr. d. ..... these reasons i am of the view that the impugned order of penalty is bad and must be set aside. .....
Tag this Judgment!Court : Orissa
Reported in : 78(1994)CLT772; 1994(II)OLR343
..... in pratap singh's case referred to supra (air 1964 sc 72), their lordships of the supreme court had no doubt observed :'...while the indirect motive or purpose, or bad faith or personal ill will is not to be held established except on clear proof thereof, it is obviously difficult to establish the state of a man's mind, for that is what the appellant has to establish in this case, though this may ..... but it is sattled position that one who seeks to invalidate or nullify an order, it is he who must establish the charge of bad faith and abuse or misuse by government of its powers. ..... part of the chief minister towards the concerned officer, yet the order of replacement under annexure-3 is on the basis of acceptance of the petitioner's resignation and therefore, the said order cannot be said to be vitiated on account of bias or bad faith. ..... , air 1974 sc 423 and contended that in view of the penal consequences aising out of the order of cancellation of the petitioner's appointment as the managing director without any rhyme or reason, the said order must be held to be bad in law. mr. ..... if bad faith would vitiate the order, the same can, in our opinion, be deduced as a reasonable and inescapable inference from proved facts. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori153; 1985(I)OLR345
..... mohanty, the learned counsel for the petitioner mainly raises two contentions, apart from some corollary submissions : --(i) the narration of events unmistakably points out that the authorities of the corporation acted arbitrarily and in bad faith with the motivated object of bestowing some favour on opposite party -- orissa ceramic industries limited (opposite party no. 2 in o.j.c. ..... thus, though the order dated 6-1-1984 did comply with the principles of natural justice, but was not given effect to, the order dated 27-1-1984 must be held to be bad in law not having complied with the principles of natural justice and must be set aside. ..... if the order dated 27-14984 is set aside, all subsequent actions including handing over the possession of the industrial concern to orissa ceramic industries limited is also bad in law and the petitioner would be entitled to get back possession of the industrial premises.14. ..... 427/84) and, therefore, the said action of taking over is bad in law; and(ii) before taking action under section 29 of the act, no notice having been given, there has been a flagrant violation of the principles of natural justice and on that score the action of taking over is vitiated.mr. r. k. .....
Tag this Judgment!Court : Orissa
Reported in : (1967)ILLJ663Ori
..... case for a formal departmental enquiry is made out, and it is very necessary that the two should not be confused, even where government does not intend to take action by way of punishment against a temporary servant on a report of bad work or misconduct a preliminary enquiry is usually held to satisfy government that there is reason to dispense with the services of a temporary employee or to revert him to his substantive post, for as we have said already government does not usually ..... or the government may decide to punish such a servant for his bad work or misconduct, in which case even though the servant may be temporary he will have the protection of article 311(2). ..... mohapatra that inasmuch as the order of reversion was passed by the government exclusively on the basis of the report sent by the high court without government having applied its own independent mind, the order of reversion is bad for the reason of mala fide. ..... have been elaborately explained and finally it has been observed:it may decide to dispense with the services of the servant or revert him to substantive post without any action being taken to punish him for his bad work and/or conduct. .....
Tag this Judgment!Court : Orissa
Reported in : 1985(I)OLR504
..... mohanty manager (volunterred) i reflected the account in that manner although know that he bad spent amount in meeting the demand of the accused. ..... this statement would show that the door bad been closed. ..... in march, 1979 the manager told me that he bad already spent rs. ..... ii) which bad not been locked and picked out m.os. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori168
..... it was then contended that since regulation 3.20 provides for subjective and objective type questions for the examination, that regulation should be regarded as bad as it is now well recognised that objective test is the proper test for judging merits and that subjective questions lead to arbitrariness as it leaves a very wide scope open for the examiners while awarding ..... our opinion, if in order to restrict the entry or the number of students appearing at the qualifying examination, a restriction is placed, such a restriction cannot be regarded as bad merely because it is not comprehensive and does not include others who can well be excluded in order to achieve the object. ..... it was next urged by the learned counsel shir patnaik that regulation 3.20 is also bad inasmuch as it does not provide for specification of minimum qualifying marks in advance even though it does provide for minimum ..... he submitted that it is also bad because of it is vague inasmuch as it does not specify what is meant by +2 science examination or by ..... determine the minimum qualifying marks in advance and thereafter judge the performance of all the candidates on a uniform basis, it cannot be said that non-fixation of minimum qualifying marks in advance as contended should be regarded as bad. ..... submitted that the justification in this * behalf put forward by the admission sub-committee in its counter-affidavit cannot be said to be rational and, therefore, this part of the regulations should be regarded as bad. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori234; 1966CriLJ1464
..... we are, however, satisfied that the averments of the petitioner make out no case of mala fides or bad faith and the facts stated were merely by way of argument. ..... palit that the assertion of the petitioner in para 15 to 18 regarding existence of bad faith and mala fide has not been denied by the state government, the state filed a counter in cr. ..... in other words, if a wrong or injury on a person is inflicted in contravention of law, bad faith is established even though it may be without malicious intention. ..... (ii) is the fresh order open to attack of bad faith of mala fides on the part of the detaining authority, merely because the satisfaction is based on pre-existing materials.?8. ..... (v) mala fides or bad faith cannot be attributed to the detaining authority merely because its satisfaction is based on pre-existing materials.10. ..... there is no proof of bad faith.13. ..... 'bad faith' in the context of article 21 of the constitution and under the rules means malice in law. .....
Tag this Judgment!