Court : Orissa
Reported in : 105(2008)CLT502; 2008(I)OLR358
I.M. Quddusi, J.1. This writ petition has been filed on behalf of the Kendriya Vidyalaya Sangathan through Joint Commissioner (Administration), 18 Industrial Area, Saheed Jet Singh Marg, New Delhi and Assistant Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Pragati Vihar, Mancheswar, Bhubaneswar in the District of Khurda against the judgment and order passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 176 of 2003 setting aside the impugned order dated 2/3.5.2002 as also the appellate order and directing reinstatement of the opposite party No. 1 in service with all consequential service benefits.2. The brief facts of the case are that while the Opp. Party No. 1, Biswanath Paul was working as PGT (Maths), Kendriya Vidyalaya, Lakhapani in the State of Assam, he was served with a memo by the Principal informing him that a written complaint has been received by him from few girl students of Classes VII, VIII and IX and their parents for his misbe...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT407; 2008(I)OLR364
I.M. Quddusi, J.1. The petitioner had filed Election Petition registered as M.J.C. No. 9 of 2002 before the Civil Judge (Junior Division), Kantamal in the district of Boudh under Sections 30 and 31 of the Orissa Gram Panchayat Act read with the latest amendment to cancel the nomination paper of opposite party No. 2 for the post of Sarpanch of Khatkatia Gram Panchayat and to declare the acceptance of nomination paper of opposite party No. 2 by opposite party No. 1 as illegal, improper, invalid and void and to give a direction to hold fresh election for the post of Sarpanch, Khatkatia Gram Panchayat which was allowed and acceptance of nomination paper of opposite party No. 2 Alladin Mahalik and declaring her as the returned candidate for the office of Sarpanch of the said Gram Panchayat was declared as illegal and she was declared disqualified to be elected as Sarpanch vide judgment and order dated 22.1.2005 against which opposite party no. 2 Smt. Alladin Mahalik had filed an election ap...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT490; [2008(117)FLR1140]; 2008(I)OLR384
I.M. Quddusi, J.1. The petitioner, who is a retired Executive Engineer of the Works Department, Government of Orissa, has filed the instant writ petition against the impugned judgment/order dated 14.12.2000 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 288 of 2000 by which the Tribunal dismissed his claim petition in so far as the same related to the prayer of the petitioner before the Tribunal for a direction for payment of gratuity. Rather the Tribunal has directed that the gratuity shall not be paid until the criminal proceeding which is pending against the petitioner is concluded.2. The petitioner was retired on 30.9.1992 i.e. about more than 14 years ago. He had stated before the Tribunal that after about two months of his retirement, a vigilance raid was conducted at his residence consequent upon which the criminal proceeding was initiated on 6.5.19.96. The State Government did not sanction the full pension of the petitioner and he was only sanctioned the ...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT464; [2008(117)FLR348]; 2008(I)OLR387
I.M. Quddusi, J.1. This writ petition has been filed against the impugned order dated 12.12.2005 passed by the Orissa Administrative Tribunal in Original Application No. 1166 of 2005 observing that in the limited scope of adjudication, it would meet the ends of justice if the respondents are directed to consider the candidature of the applicant within the ambit of rules and procedures as well as preference decided by the Government and if the applicant is found suitable for appointment by merit to a post available after allowing preference to local candidates, then there would be no bar to his appointment.2. The brief facts of the case are that the Chief District Medical Officer, Kanchanalak at Phulbani issued an advertisement on 17.7.2005 inviting applications in the prescribed format from the eligible candidates for appointment to various posts including the post of attendant/sweeper on consolidated salary. One of the conditions was that the candidates belonging to Kandhamal district...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT386; 2008(I)OLR440
I.M. Quddusi, J.1. By means of this writ petition, the petitioner has prayed for quashing of the order of the Divisional Manager, Orissa Forest Development Corporation Limited, Nowrangpur (C) Division passed on 6.1.1995, Annexure-3 to the writ petition, directing recovery of Rs. 36,541.24 and Rs. 6863/-from the dues of the petitioner and for a direction to the opposite parties to pay the dues of the petitioner including gratuity of Rs. 37,506.70 and duty pay and other dues within a specified period.2. The brief facts of the case are that the petitioner who belongs to Tribal community of Koraput district joined as a mate in the Corporation on 6.4.1964. Thereafter he was transferred to so many places but his last place of posting was Nowrangpur Division wherefrom he retired with effect from 31.12.1993 while working as Sectional Supervisor. But his dues as claimed by him were not paid to him. He moved representation but in vain.3. In the counter affidavit, it has been mentioned that while...
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Reported in : 105(2008)CLT425
I.M. Quddusi, J.1. This Writ Petition has been filed against the impugned Order Dated 19.1.2004 passed by the Additional District Judge, Sonepur in R.F.A. No. 32 of 2003 setting aside the impugned Order Dated 8.5.2003 passed by the Learned Civil Judge (Junior Division), Sonepur in M.J.C. No. 6 of 2002 and allowing the appeal declaring that the Petitioner had three children at the time when she contested the election of Sarpanch of Ranisarda Grama Panchayat which was held on 23.2.2002 and thereafter was elected as Sarpanch of that Grama Panchayat.2. The Opposite Party Smt. Pratibha Badi filed an election petition registered as M.J.C. No. 6 of 2002 under Section 30 of Orissa Grama Panchayat Act against the Petitioner with a prayer that the election of the Petitioner to the office of Sarpanch of Ranisarda Grama Panchayat be declared as void and she (Opp. Party) be declared to have been duly elected to the office of Sarpanch. The Learned Civil Judge (Junior Division) dismissed the said ele...
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Reported in : 105(2008)CLT500
I.M. Quddusi, J.1. The Petitioner who was a Judicial Officer being aggrieved by his non-promotion to the rank of Subordinate Judge has filed this Writ Petition praying for a direction to the Opposite Party Nos. 1 and 2 to promote him to the rank of Subordinate Judge with consequential benefits.2. The brief facts of the case are that the Petitioner was appointed as a temporary Munsif and was posted as Additional Munsif in the Judgeship of Balasore vide notification dated 12.9.1975, Thereafter he was appointed substantively in the rank of Munsif with effect from 2.8.1980 vide notification dated 26th of July, 1985. Other Munsifs junior to him were given promotion as Subordinate Judge in the years 1987 and 1988 but he was not promoted. He moved a representation on 5.4.1989 but the same was rejected by the High Court. However, subsequently in the year 1991 he was given promotion to Orissa Judicial Service Class-I. He has prayed for his retrospective promotion with effect from the date his j...
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Reported in : 105(2008)CLT508; 2008(I)OLR713
1. Order of conviction under Section 302 IPC against the accused in S.T. Case No. 109-A/34 of 1999-2000 is under challenge by the Appellant.2. Appellant Malia @ Abhimanyu Das together with his parents, accused Chandramani Das and Hemalata Das and his elder brother Arun Das were charged for the offence under Sections 364, 302, 404, 201/34 I.P.C. on allegation that on 01.01.1999 at about 7 P.M. Abhimanyu kidnapped the minor girl, Bindu Nahak aged about 14 years from the lawful custody of her mother Parbati Nahak (P.W.5) and that said Bindu Nahak suffered a homicidal death and her dead body was found on 10.01.1999 and her ornaments were misappropriated by the accused persons by sharing common intention.3. According to the case of the prosecution, accused Malia @ Abhimanyu Das aged about 19 years had illicit relationship with Bindu, a girl aged about 14 years. Mother of the Bindu was running a shop and having business transaction as well as social Courtesy extended to the accused persons. ...
Tag this Judgment!Court : Orissa
Reported in : 2008CriLJ2386; 2008(I)OLR556
1. Appellant challenges the order of conviction and sentence under Section 302, IPC recorded against him by learned Addl. Sessions Judge, Jharsuguda on 16.03.2000 in Sessions Trial Case No. 79/54 of 1999.2. According to the allegation of the prosecution, on 14.04.1997, appellant committed murder of his wife Fulfuli (hereinafter referred to as the 'deceased'). At about 6.00 P.M., P.W. 5 arrived at the spot in course of a stroll and gathered information about the occurrence from the accused and the neighbours and accordingly lodged the F.I.R., Ext. 9. On receipt of information, P.W. 10, the Investigating Officer undertook the investigation and on completion of the same, submitted charge-sheet. In course of investigation, as deposed by him he has made spot visit, made inquest over the dead body and forwarded the dead body for post-mortem examination. He also seized the blood-stained cement and other incriminating materials from the spot. Such seizures include seizure of the wooden plank (...
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT771
I.M. Quddusi, J.1. These are four Writ Petitions filed by the State of Orissa against the impugned Judgment/Order Dated 6.4.1999 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. Nos. 556, 557, 590 and 591 of 1990.2. The Opposite Parties in the instant Writ Petitions (applicants before the Tribunal) had challenged the Orissa Education Service Class-I (Recruitment of College Branch (Amendment) Rules, 1989 and had sought for declaration that the said rules were void and ultra vires the Constitution of India and further for a declaration that the entire period of past services rendered by them under the private management before the takeover of the College be taken into consideration for all purposes.3. The brief facts of the case are that the Opposite Parties joined Khallikote College, Berhampur as Lecturers in different disciplines at different dates sometimes in the years 1960 to 1964. At that time, the institution was a private institution but on 9.3.1971, the same was...
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