Court : Orissa
Decided on : Apr-24-2006
Reported in : 2006(I)OLR772
..... held that a decision taken by the public authority in commercial/contractual transactions of state or its instrumentality, the decision making process is open to judicial review. though court cannot act as an appellate authority but if the process is violative of article 14 of the constitution of india, the court can strike down the decision and action taken pursuant thereto ..... party is no more res integra and is settled by a large number of judicial pronouncements of the supreme court. however, on a given set of facts, if the state acts in an arbitrary manner even in the matter of contract, an aggrieved party can approach the court by way of writ under article 226 of the constitution and the court .....
Tag this Judgment!Court : Orissa
Decided on : Oct-09-2006
Reported in : 103(2007)CLT99
..... panchayat election held in the year 2002, inter alia, on the ground that the petitioner on the date of filing of his nomination was not qualified under section 11 of the orissa grama panchayat act as he was unable to read and write oriya, but in spite of objection before the election officer, his nomination paper was accepted.3. with other issues ..... appeared to have been put with much difficulty. reading and writing of oriya language is mandatory for every prospective candidate in the panchayat election. in view of section 11 of the orissa grama panchayat act which provides that no member of a grama sasan shall be eligible for a sarpanch if he is unable to read and write oriya.5. there is .....
Tag this Judgment!Court : Orissa
Decided on : Jul-07-2006
Reported in : 104(2007)CLT233
..... has been authorized to function as district magistrate is wholly illegal. according to him such meeting can only be called by the district magistrate under section 54(2) of the act. section 54(2) of the act is set out below:54. vote of no confidence against the chairperson or vice-chairperson:(1) xx xx(2) in convening a meeting ..... is a impediment on the part of the sent incumbent to issue the aforesaid notice.we are of the view that the term 'district magistrate' contained in section 54 of the act also includes within the said term any person who is vested with 'formal charge' of the office of the district magistrate, by the competent authority. there ..... counsel for the petitioner, learned counsel for the state and also the learned counsel for opposite party no. 10, submit that under the provision of sub-section (16) of section 3 of the act, the district magistrate includes any magistrate subordinate to the district magistrate to whom he may delegate all or any of his powers under the said .....
Tag this Judgment!Court : Orissa
Decided on : Apr-05-2006
Reported in : 2006(I)OLR757
..... of the aforesaid contention and on due reference to the evidence of p.ws. 4 and 8, we find that the trial court was right in rejecting the evidence under section 27 led by the prosecution vide exts. 15 and 23. in that context the seizure list, statement of the accused and evidence of both p.ws. 4 and 8 do ..... the same.9. for the reasons indicated above, we set aside the order of conviction by granting benefit of doubt to the accused and acquit him from the charge under section 302, i.p.c. he be set at liberty forthwith.the jail crl. appeal is allowed accordingly. ..... 1. order of conviction under section 302, i.p.c. and sentence of imprisonment for life pronounced by learned second addl. sessions judge, cuttack as against the appellant in sessions trial no. 15 of 1995 (sessions .....
Tag this Judgment!Court : Orissa
Decided on : Oct-13-2006
Reported in : 102(2006)CLT817
..... been held by the hon'ble apex court in a catena of decisions. in consonance with the ratio of decision of the apex court vis-a-vis section 149(4) of the m.v. act, the poor claimants should not also suffer for such breach of policy condition and as such, in such cases the appellant insurance company ought to be directed .....
Tag this Judgment!Court : Orissa
Decided on : Oct-27-2006
Reported in : 103(2007)CLT164; 2007(I)OLR8
..... be taken up for consideration at the meeting.7. a reading of the above provision clearly shows that no meeting for considering a vote of no confidence under section 24 of the act can be adjourned to a subsequent date.8. learned addl. government advocate submitted that the meeting having not been held on 15.1.2005, the question of ..... is on account of inability to hold the proceeding/meeting on the scheduled date. it is also clear from the above provision of the act that the bar imposed under section 24(2)(h) of the act is a bar for adjourning the meeting of 'vote of no confidence'. it is specifically provided that such a meeting cannot be adjourned. ..... confidence motion' passed against the sarpanch-petitioner in the meeting held on 2.2.2005.4. learned counsel for the petitioner relying on the provisions of section 24(2)(h) of the act contended that the said provision clearly bars adjournment of a meeting scheduled to be convened with regard to the vote of 'no confidence motion'. he further .....
Tag this Judgment!Court : Orissa
Decided on : Nov-15-2006
Reported in : 103(2007)CLT191
..... http://en.wikipedia.org:/wiki)8. the biomedical waste (management and handling) rules, 1998 was framed in exercise of the powers conferred by sections 6, 8 and 25 of the environment (protection) act, 1986 and disposal of such waste in the various hospitals and nurshing homes of the' state are to be periodically checked by the state ..... writ petition, we are unable to come to a definite conclusion as to whether the three medical colleges of the state as well as various nurshing homes are acting in accordance with the rules, 1998 and whether the authorized persons of the respective hospitals are submitting annual reports as per rule 10 and maintaining records as per ..... waste sharps have to be puncture-proof and can be blue, white or translucent in colour. sharps need special attention while being segregated and stored because needless can act as a pool where pathogens may survive for a long time because of the presence of blood. also the sharps can provide a direct route into the bloodstream .....
Tag this Judgment!Court : Orissa
Decided on : Aug-17-2006
Reported in : 103(2007)CLT130
I.M. Quddusi, J.1. The instant writ application has been filed against the impugned judgment and order dated 19.9.2005 passed by the Orissa Administrative Tribunal, Bhubaneswar in Original Application No. 706 of 2005 wherein the petitioner-Association was the applicant.2. It appears that a review meeting was held on 17.6.2004 presided by the Chief Minister, Orissa to review anti-poverty programme and to tender services for their implementation. It was resolved therein that each block should have an Additional Block Development Officer (in short 'A.B. D.O.) and 136 such posts can be created by merging posts of Progress Assistants and Grama Panchayat Extension Officers into one cadre and each block should also have one Panchayat Development Officer.3. Although in the above resolution decision to merge the said post was not taken and as such it was, not notififed; but the petitioner filed the above mentioned O.A. before the Tribunal against the order creating of 136 posts of Additional Bl...
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2006
Reported in : 2007(1)OLR172
..... 60 days from the date of the order appealed against in view of the specific provision contained in section 19 of the contempt of court act. 1971 read with section 17 of the administrative tribunals act. 1985. section 17 of the administrative tribunals act is a piece of legislation by reference. xx xx xx. any order or decision of the tribunaj ..... failed to appreciate and lay emphasis on the expression in the judgment of the hon'ble apex court to the following effect:while holding the proceedings under section 17 of the act, the tribunal remains a tribunal and so would be amenable to the jurisdiction of the high court under articles 226 and 227 of the constitution subject ..... the same is inoperative xx xx xx in view of confinement of the powers of the high court in so far as proceedings before the tribunal under section 17 of the a.t. act. 1985 is concerned-application of article 227 of the constitution is not attracted and therefore, the further proceeding in this c.p. will continue. .....
Tag this Judgment!Court : Orissa
Decided on : Dec-22-2006
Reported in : 103(2007)CLT675; [2007(114)FLR689]
I.M. Quddusi, J.1. Heard Shri A.K. Mishra, Learned Senior Advocate for the Petitioner, Learned Addl. Government Advocate for the State and Learned Asst. Solicitor General for the Union of India.The Departmental Promotion Committee (for short 'D.P.C') considered promotion of the eligible I.P.S. officers to the grade of DIG of Police and made its recommendation on the basis of which, the Government of Orissa in General Administration Department issued promotion order of four I.P.S. Officers including the Petitioner vide Govt. Notification dated 21.1.2005. The said notification speaks as under:Government of OrissaGeneral Administration DepartmentNOTIFICATIONBhubaneswar dated the 20th January, 2005.No. AIS/II-3/2005-2555/AIS.I. The following I.P.S. Officers are promoted to the grade of D.I.G. of Police with effect from the date of their joining against the promotional post.1. Sri Sudhanshu Sarangi, IPS (RR-90)On study leave.2. Sri Arun Kumar Sarangi, IPS. (RR-90)S.P.-I, C.I.D., C.B., Cutta...
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