Court : Orissa
Reported in : 105(2008)CLT106
ORDERN. Prusty, J.1. This application has been filed by the intervener Petitioner i.e. newly added Opposite Party Nos. 5 to 9 for vacation of the interim Order Dated 30.10.2007 whereby this Court has directed 'status quo with regard to selection of Swechhasevi Sikhya sahayak in the district concerned shall be maintained till the next date.'2. Heard Mr. J.K. Rath, Learned senior Advocate for the Petitioner, Mr. H.P. Rath, Learned Standing Counsel for School and Mass Education Department/Opposite Party Nos. 1 to 4 and Mr. Samir Kumar Das, Learned Counsel appearing on behalf of Opposite Parties 5 to 9.3. Opposing the above application, Mr. Rath, Learned Counsel for the Petitioner submits that the vide order/Judgment dated 23.7.2007, this Court while disposing of W.P.(C) No. 14981 of 2006, W.P.(C) No. 14.133 of 2006 and W.P.(C) No. 1855 of 2007 at paragraph 17 observed as follows:From discussion above, this Court is of the opinion that Clause 4.1 of the advertisement dated 14.10.2006 under...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT198
Pradip Mohanty, J.1. This revision has been preferred against the Order Dated 18.09.2006 passed by the J.M.F.C, Berharnpur, Ganjam in G.R. Case No. 932 of 2001 rejecting the application of the Petitioner under Section 227 Cr.P.C. and framing charge against him under Sections 379/411/34 IPC.2. The case of the Petitioner is that on the basis of the FIR lodged by the S.I. of Police, Baidyanathpur P.S., he has been implicated in Baidyanathpur P.S. Case No. 221 of 2001 corresponding to G.R. Case No. 932 of 2001 under Sections 379/411/34 IPC. On receipt of the final form, the S.D.J.M., Berharnpur took cognizance of the aforesaid offences and transferred the case to the Court of J.M.F.C, Berharnpur for trial. Before the J.M.F.C, Berharnpur, the Petitioner filed a petition under Section 227 Cr.P.C. with a prayer to discharge him. Learned J.M.F.C. after hearing the Counsel for the Petitioner and his counterpart as well as considering the materials available on record was not inclined to dischar...
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR188
Pradip Mohanty, J.1. This revision has been preferred against the order dated 09.03.2007 passed in Sessions Case No. 71 of 2006 by the Addl. Sessions Judge, Titilagarh framing charge against the petitioner under Section 304 Part 1 IPC.2. Fact of the case, in brief, is that on 03.12.2003 one Ajaya Kumar Ray lodged an FIR before the I.I.C., Titilagarh Police Station that his son, Sachin Kumar Ray, for fracture on his hand, was under the treatment of the petitioner, who was then serving as Asst. Surgeon, S.D. Hospital, Titilagarh. On the advice and prescription of the petitioner, two injections were given to his son on 01.12.2003. As the condition of his son became serious, the informant took him to Dr. Padhi, who advised him to give ice message. But seeing the condition of his son further deteriorating, informant brought him to the hospital at 5 P.M. on 02.12.2003 and admitted him as an indoor patient. Dr. B.B. Naik examined his son and advised him to shift the patient to D.H.H., Bolangi...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT252
Pradip Mohanty, J.1. This revision is directed against the Order Dated 04.06.2007 passed by the Special Judge (Vigilance), Berhampur in G.R. Case No. 2 of 1995 (V) rejecting an application filed by the Petitioner under Section 239 Cr.P.C.2. The Petitioner has been implicated for commission of offence under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act. Case of the Petitioner is that initially he entered into the service of Orissa Road Transport Company (a private company) as a Lower Division Clerk on 02.12.1964. In June, 1979, he was promoted as a Junior Accountant. On 13.08.1990, the said company was taken over by the Orissa State Road Transport Corporation. Thereafter, the Petitioner was promoted to the post of Public Relation Officer. According to the Petitioner, one J. Rama Chandra Rao, Inspector of Police (Vigilance), who had personal enmity with him, raided his house and office after obtaining search warrant from the Court and ultimately submitted c...
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Reported in : 105(2008)CLT356
I.M. Quddusi, J.1. These two writ petitions have been filed against the judgment and order dated 24.9.1998 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 2860 of 1984 and O.A. No. 30(C) of 1998 by which both the OAs were dismissed.2. In fact the Tribunal has decided 11 Original Applications in a batch out of which one O.A. No. 363(C) of 1994 filed by Dr.Sebak Tripathy was allowed and remaining OAs were dismissed.3. The brief facts of the case are that the post of Professor of Education is a Class-I post of Orissa Education Service within the purview of the Orissa Public Service Commission ( in short, 'O.P.S.C.'), recruitment for which is made under the Orissa Education Service (Professors' Grade) Recruitment Rules, 1990. The Government decided to fill up the posts of Professor under Orissa Education Service in different disciplines including Education. On requisition by the Government an advertisement was issued by the O.P.S.C. as advertisement No. 26/91-92 to fi...
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Reported in : 107(2009)CLT463; 2009(I)OLR196
ORDER1. In this revision the petitioner assails the legality of the order dated 4.2.2008 passed by the learned Judge, Special Court, Angul in Special Case No. 8 of 2007 rejecting the application filed under Section 457 of the Code of Criminal Procedure for release of Honda Unicorn motorcycle bearing registration No. OR-19E-1367.2. It appears that the petitioner's father accused Pradeep Kumar Routray has been charge sheeted for commission of offence under Section 20(b) of the N.D.P.S. Act for having allegedly found to be .transporting 3 kg. 600 gms. of ganja in an Air bag in the above said motorcycle on 15.12.2007. The petitioner does not appear to have been implicated in any manner in commission of the alleged offence, it was submitted by the learned Counsel for the petitioner that the motorcycle, registration in respect of which stands in the name of the petitioner, having been left lying open and unattended, exposeo to the vagaries of nature, in the police station, shall be subjected...
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Reported in : 2009(I)OLR361
B.S. Chauhan, C.J.1. This writ petition has been filed as a Public Interest Litigation (hereinafter called the 'PIL') for quashing the agreement dated 17.04.2007 (Annex-1) entered into between the opposite party Nos. 1 and 5 executing the lease/licence of the property in dispute for a period of 15 years on monthly lease rent/licence @ Rs. 51,000/- per month.2. The facts and circumstances giving rise to this case are that on 24.3.2007 sealed tenders were invited for lease of the bus stand meant for Orissa State Road Transport Corporation (hereinafter called the 'Corporation') at Sundargarh on monthly rental basis. The opposite party No. 5 negotiated with the Corporation and got the aforesaid agreement executed on 13.4.2007. The Corporation vide its letter dated 16.4.2007 intimated opposite party No. 5 to take possession of the land with certain conditions and the land was handed over to opposite party No. 5 on 21.4.2007. There had been some disputes between opposite party Nos. 1 and 5 o...
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Reported in : 2007CriLJ2187
ORDERL. Mohapatra, J.1. The petitioner who is presently working as Director-General of Police, Home-guard and Fire Services, Cuttack has filed this application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in relation to Lalkothi (Rajasthan) Jaipur City P.S. Case No. 12 dated 10-1-2007 in the file of learned C.J.M., Jaipur City (Rajasthan) registered for commission of offences under Sections 120, 130, 216 and 225 of the Indian Penal Code.2. Allegation in the F. I. R. is that the son of the petitioner namely Bitihotra Mohanty after being convicted for commission of offence under Section 376 of the Indian Penal Code was undergoing rigorous imprisonment in the Central Jail, Jaipur pursuant to the judgment dated 12-4-2006 passed by the learned Addl. Sessions Judge, Fast Track Court No. 1, Alwar in S. C. No. 34 of 2006. On 12-9-2006 the petitioner submitted an application to the Director-General and Inspector-General of Police (Prisons), Rajasthan to rel...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT30
P.K. Tripathy, J.1. Heard argument from the parties, hearing is concluded and the Judgment is as follows.Judgment and order of conviction passed by Learned Sessions Judge-cum-Special Judge, Sundargarh in 2(c) CC No. 7 of 1988 (T.R. No. 11 of 1988) is under challenge. Accused as the Secretary of Samaleswary Consumers Co-operative Store, Sundargarh, faced the trial for committing breach of Condition Nos. 2(b) and 1(b) of the Orissa Rice and Paddy Control Order and the Orissa Wheat Control order respectively, making out an offence under Section 7(1)(a)(i) of the Essential Commodities Act, 1955 (in short 'the Act').2. According to the case of the prosecution, in course of a chance detection of lifting of less quantity of food-grain by two retail dealers, the business premises/godown/Store of the Co-operative Society was searched and verified relating to stock and storage. Accused as the Secretary of the Society, co-operated with the Supervisor (P.W. 5) and the Supply Staff besides an Execu...
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT152; 2010(I)OLR51
B.K. Patel, J.1. In this writ application the petitioner assails the legality of order of minor penalty of withholding one increment of pay for a period of one year without cumulative effect imposed on him by the Disciplinary Authority under Annexure-3 and confirmed by the Appellate Authority under Annexure-3 and by the Revisional Authority under Annexure-7.2. Petitioner is a member of the Central Industrial Security Force (CISF) in the rank of Head Constable posted at TTPS, Talcher. Disciplinary proceeding was initiated against him on the following charge under Annexure-3:CISF No. 801390049 HC/GD R.P. Singh of CISF Unit NTPC/TTPS Talcher was detailed from 2100 hrs on 17.07.2007 to 0500 hrs on 18.07.2007 at Watch Tower No. 5/Broken wall PTL with walkie-talkie set, Sl/Exe. P.C. Patnaik shift in-charge while after asking the situation report of the duty post over walkie talkie, passed instruction to HC/GD R.P. Singh to remain in contact with the sentry of debris-yard by blowing whistle. ...
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