Court : Orissa
Reported in : 101(2006)CLT625
P.K. Mohanty, J.1. The petitioners in the present Writ Application challenge the action of opposite parties in not granting admission to P.G. Medical Course, 2005 on the ground of non-production of College Leaving Certificate. They have prayed for a direction to admit them to the P.G. Medical Course for which they have been selected in the Entrance Examination after fresh counselling. Prayer has also been made for quashing the counselling of candidates held on 18.4.2005 as illegal and arbitrary.2. The short fact of the petitioners' case bereft of unnecessary details is that petitioners No. 1 to 4 are in-service candidates and they had submitted their service certificates as per the call letter at the time of counselling but the opposite parties insisted that the petitioners have to produce College Leaving Certificate to get admission into P.G. Medical Course, 2005. According to the petitioners, non-production of the College Leaving Certificate at the time of counselling is per se not a...
Tag this Judgment!Court : Orissa
Reported in : II(2006)DMC248; 2006(I)OLR333
..... of election. as per the decision in smt. sudha devi v. m.p. narayanan and ors. : [1988]3scr756 affidavits are not included in the definition of evidence in section 3 of the evidence act. the same can be used as evidence only if for sufficient reasons court passes an order under order xix rule 1 or 2 of c.p.c. so ..... of the offences, so, the case at hand can be tried at sambalpur.5. moreover, as mentioned earlier cognizance of the offences under sections 498-a/406/34 i.p.c. read with section 4 of the d.p act was taken on 27.7.2001. as submitted by the learned counsel for the complainant-opp.party no. 2 at the stage of ..... .i.r. registered p.s. case no. 17 of 2000 and took up investigation. after completion of investigation, charge sheet was submitted under sections 498-a/406/34 i.p.c. read with section 4 of the d.p. act against all the petitioners. the s.d.j.m., (s), sambalpur took cognizance of the said offences on 27.7.2001 against all .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori97; 101(2006)CLT309
..... application is not maintainable as there is an efficacious alternative remedy available to the petitioner by filing an appeal against the final order dated 29.7.2005 under section 19 of the act, before the national commission. with regard to the order dated 2.12.2005 under annexure-2 by which the state commission rejected the application of the ..... to the maintainability of the writ application.6. with regard to the contention of the petitioner that even though there is a provision of appeal under section 19 of the c.p. act, the writ application is maintainable as the allegation made by the petitioner is one of want of jurisdiction on the part of the state commission in ..... petition has held that since a statutory appeal is available to the petitioner, the writ application is misconceived in law.7. since section 3 of the c.p, act specifically provides that the provisions of the act shall be in addition to and not in derogation of the provisions of any other law for the time being in force, we .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR161
..... banks), did not have the statutory authority in as much as it was not constituted by the registrar, co-operative societies, orissa in terms of section 33 of the orissa co-operative societies act. therefore, such a committee, which had not been constituted as per law, had no authority to pass a resolution and as such any resolution passed ..... allowance asthey are drawing at present exceptthe deputation allowance and otherallowances connected with deputationservice and be guided by the rulesof the bank followed for otheremployees.sri rupeswar panda not acting assecretary at present and thecommittee not considering himsuitable to take him as secretaryin the cadre for the time being,this case is kept in abeyance.6. according to ..... in the bank, at present be taken asstate of orissa in pursuance of employees of the orissa stateresolution no.1 dt.5.10.77 of the cooperative bank to act as secretarycadre committee, no.5(i) dt.30.3.78 of the central co-operative banksof the e.c. and no.5 dt.7.4.78 of .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR410
..... must be such as is necessary to constitute murder. without this ingredient being established, there can be no offence of 'attempt to murder'. under section 307 the intention precedes the act attributed to accused. therefore, the intention is to be gathered from all circumstances, and not merely from the consequences that ensue.8. in the ..... allegations made in the charge sheet, a prima facie case has been made out against the petitioner or not. however, at this stage while exercising jurisdiction under section 482 cr.p.c., this court cannot take into account the defence of the accused persons/ petitioners in considering whether a prima facie case has been made ..... . sharma v. vinod kumar jain reported in : 1986crilj917 , it was held by the apex court that the high court erred in quashing the criminal proceedings under section 482, cr.p.c. on an erroneous basis that on prima facie being satisfied the metropolitan magistrate had taken cognizance of the alleged offences. the question at this .....
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT346
..... of assistant executive engineer is governed by orissa reservation of vacancies in posts and services (for scheduled caste and scheduled tribe) act, 1975 according to which the promotion to class-l post in the lowest rung is governed by the act meaning thereby that the reservation clause would be applicable to the post of assistant executive engineer. further it has been provided .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR385
..... the recovery of weapon was given by. bira kishore ghadei, the weapon of offence should not have been linked to the convict under the provisions of section 27 of the evidence act. the trial court has dealt with similar submission in the judgment.after closely analyzing the evidence and circumstances, learned trial judge observed that basing on the ..... eye witnesses.11. argument is offered by the appellant that exts.7 and 8 are carbon copies and are not admissible in evidence. first of all, section 62 of the evidence act allows copies of documents prepared by uniform process to be accepted as primary documents. in course of cross-examination of either of the doctors, defence has ..... weapon of offence could not have been utilized against the convict as the circumstance under which recovery was made does not come within the ambit of section 27 of the evidence act. his further argument is that exts.7 and 8 being the carbon copies of the post mortem reports, are not admissible in evidence and could .....
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR138
Pradip Mohanty, J.1. In the instant writ petition, the petitioner challenges the order dated 05.05.2004 passed by the Orissa Administrative Tribunal, Cuttack Bench, in O.A. No. 458 (C) of 1998 under Annexure-2 as well as the order of his dismissal from service passed by opposite party No.1 under Annexure-12.2. The case of the petitioner is that he was serving as an Assistant Engineer (Electrical) in the erstwhile Electricity Board on deputation from the State Government. Two departmental proceedings were initiated against him numbered as 590 dated 07.06.1993 and 1374 dated 27.10.1993. In both the proceedings, there were allegations of misappropriation, misleading the authority by giving false information, negligence of duty and lack of maintenance of records. A common inquiry in both the proceedings was conducted by the Superintending Engineer, who found the petitioner guilty of some of the charges and recommended for his dismissal from service. The Government in consultation with the ...
Tag this Judgment!Court : Orissa
Reported in : 2006(I)OLR285
Pradip Mohanty, J.1. In the instant writ application, the petitioners assail the judgment dated 22.03.2005 of the Orissa Administrative Tribunal, Cuttack Bench, in O.A. No. 2064 (C) of 1999 on the ground that the same is illegal, arbitrary and contrary to law.2. The brief fact of the case is that the petitioners were appointed in the year 1991 through a due selection process in the posts of Peon and Night Watchman. Their appointments were ad hoc on spells of 44 days with usual break of 2 days in between. Though usual salary was given to them since 2001, the same is not being paid to them for which direction has already been given by the Tribunal in M.P. No. 667 (C) of 2004 to clear up the arrear dues. In the year 1999, the petitioners approached the Orissa Administrative Tribunal in O.A. No. 2064 (C) of 1999 with a prayer to regularize them from the date of their appointment with all consequential financial benefits and direct the opposite parties not to terminate them. The case of the...
Tag this Judgment!Court : Orissa
Reported in : 101(2006)CLT454; [2006(109)FLR949]; (2006)IIILLJ429Ori
..... the opposite party while working as extra departmental branch post master at sibilaposi branch post office was placed under suspension due to his alleged involvement in a criminal charge under section 409, ipc. the trial court convicted him for the charge, but in appeal the judgment of the trial court was set aside and he was acquitted. the judgment and order ..... employee or the clearance in the disciplinary proceedings or acquittal in the criminal proceedings is with benefit of doubt or on account of non-availability of evidence due to the acts attributable to the employee etc. in such circumstances, the concerned authorities must be vested with the power to decide whether the employee at all deserves any salary for the intervening .....
Tag this Judgment!