Court : Orissa
Reported in : AIR1950Ori47
Narasimham, J.1. This is an appeal by the plaintiffs from the judgment of the District Judge of Cuttack dismissing their suit for a declaration that the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act, IV of 1939) was ultra vires of the Orissa Legislature and for other consequential reliefs. The appellant plaintiffs are all Mahants of various Maths situated in the Province of Oriasa and the suit was brought by them in a representative capacity under Order X, Rule 8, Civil P. C. No evidence was led by either side and the sole question in dispute is a question of law regarding the competence of the Orissa Legislature to enact the Orissa Hindu Religious Endowments Act, 1939, hereinafter referred to as the impugned Act.2. The impugned Act was passed by the Orissa Legislative Assembly and received the assent of the Governor. General on 31st August 1933. The Assembly passed the said Act in exercise of the legislative powers conferred on them by Sections 99(1) and 100(3), Government o...
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori112
Das, J. 1. This is an application under Article 226 of the Constitution of India against an order of dismissal of the petitioner, dated 27-11-54. The petitioner's case was that he was appointed on 7-9-25 as an extra-departmental branch post-master of Golabando. in Berhampur Division by the opposite party on a monthly salary of Rs. 25/-. On 24-2-54 the Superintendent of Post Offices, Berhampur Division, issued a letter to the petitioner to the effect that it was reported that he was indulging in politics, especially pro-Andhra activities which are against the Government Servants' Conduct Rules, and he was asked to explain within five days from the receipt of the letter as to why drastic action should not be taken against him. The petitioner duly submitted his reply on 1-3-54 pleading absolute innocence. On 13-3-54 a warning was issued by the Superintendent of Post Offices, Berhampur Division, to the petitioner in the following terms: 'You should remain aloof from politics, especially pr...
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR768
I.M. Quddusi, J.1. The petitioner, in this writ petition, has prayed for a direction to the opposite parties for payment of Family Pension to her under Rule-56 (19) of the Orissa Civil Services (Pension) Rules, 1992 by setting Order No. 5 dated 12.10.2006 passed in O.A. No. 1999 (C) of 2006 by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack.2. The husband of the petitioner namely, Late Ramesh Ch. Pradhan was working as Senior Assistant in the Office of the Revenue Divisional Commissioner (N.D.), Sambalpur and was suffering from mental depression from time to time and undergoing treatment at the V.S.S. Medical College and Hospital Burla in Psychiatric Department. On 20.2.1993 he resumed duty after being found fit and was attending office regularly. On 28.5.1993, he left his quarter to attend the morning office but did not come back. On enquiry by his wife, it was revealed that he did not attend the office on 28.5.93. A search was started for him in all probable places but he ...
Tag this Judgment!Court : Orissa
Reported in : 1985(I)OLR504
B.K. Behera, J.1. A Senior Mining Officer, the appellant stood charged under Section 5(2) read with Section 5(1) (d) of the Prevention of Corruption Act, 1947 (for short 'the Act') for having obtained for himself pecuniary advantage to the tune of Rs. 2,000/- on April 26, 1979, while functioning as such at Joda, from Gopinath Mohanty (P. W. 2), the Manager of Murgabeda Mines at Joda, serving under the mine owner Mr. Niranjan Patnaik (P. W. 8), by corrupt and illegal means and by otherwise abusing his position as a public servant and under Section 161 of the Indian Penal Code ('the Code' for short) for having accepted the amount of Rs. 2,000/- from P. W. 2 as gratification other then legal remuneration with the 'motive for doing or forbearing or for showing favour in the exercise of his official functions as the Senior Mining Officer posted at Joda.2. I would narrate briefly the case of the prosecution presented at the trial. After the appellant joined as the Senior Mining Officer at Jo...
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori244; 1976CriLJ405
G.K. Misra, C.J. 1. By order of the Full Court to initiate a proceeding for contempt, the Registrar of the High Court issued the contempt notice dated 3-7-1972 (here-inafter to be referred to as the Notice) to Shri Baradakanta Misra, the alleged contem-ner (hereinafter to be referred to as the contemner) calling upon him to appear in person and to show cause on 3-8-1972 as to why be shall not be punished or any other appropriate order not be passed against him for contempt of the High Court. On 26-7-1972 the contemner filed a petition by way of preliminary reply. On 7-8-1972 be filed his show-cause application. The contemrer filed Criminal Appeal No. 174/72 before the Supreme Court to quash the notice. Therein he made the State of Orissa a party through its Chief Secretary. The Legal Re-membrancer-cum-the ex-officio Additional Secretary, Law Department, filed an affidavit (Annexure-1) before the Supreme Court on behalf of the State giving detailed history with reference to the averment...
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori41
G.K. Misra, C.J.1. Plaintiff is an Advocate practising at Bargarh in the district of Sambalpur. He filed the suit for recovery of Rs. 10,500 as general damages and Rs. 500 as special damages from the defendants. The first defendant is the State of Orissa. The second and the third defendants were members, at the relevant time, of the 4th Battalion Orissa Military Police at Rourkela.Plaintiff's case may be stated in short. There was student's agitation at Bargarh on 28th of October, 1964. The incident whereby the plaintiff received injury took place at about 4 p.m. He was having his office under a banian tree in a grove at a distance of about 30 feet from the court building of the Sub-Divisional Officer, Bargarh. While he was perusing a judgment in a criminal case he found that the O.M.P. personnel started assaulting innocent persons in front of the court premises indiscriminately ,and recklessly when the normal court work was going on. Plaintiff himself was a victim to such assault by d...
Tag this Judgment!Court : Orissa
Reported in : 2003(I)OLR112
L. Mohapatra, J.1. Plaintiff is the appellant against, a confirming judgment.2. Case of the plaintiff is that he joined as L.D.Clerk on 21.6.1965 in the Court of the Special Railway Magistrate, Cuttack. On 5.6.1969 the Special Railway Magistrate Court was shifted from Cuttack to Khurda Road and accordingly the appellant also being attached to the Court worked at Khurda. In the year 1978 the C.J.M., Puri in course of inspection of some records found certain irregularities in maintenance of the records relating to deposits and accounts. Nine years thereafter, a departmental proceeding was initiated against the appellant and Sri R.N. Chatterji, the then C.J.M., Puri was appointed as the Enquiring Officer by the District Judge, Puri. On completion of enquiry the Enquiring Officer found the plaintiff-appellant guilty of five charges out of six and submitted report to the District Judge. Thereafter, the plaintiff was called upon to show-cause as to why major penalty shall not be imposed on h...
Tag this Judgment!Court : Orissa
Reported in : 2004CriLJ3975
ORDERA. K. Parichha, J.1. The petitioner, who is accused No. 4 in ICC Case No. 64 of 2003 on the file of the J.M.F.C., Jaleswar has challenged the order dated 23-4-2004 passed by the learned Magistrate in the aforesaid complaint case. By the impugned order, the learned Magistrate has rejected the petition filed by the petitioner for staying the further proceedings of the said complaint case.2. The fact of the case, in short, is that opposite party No. 1 filed a complaint case bearing ICC Case No. 64 of 2003 in the Court of the learned J.M.F.C., Jaleswar arraigning the petitioner and opposite parties 2 to 6 as accused persons. After enquiry, the learned J.M.F.C. took cognizance of the offence under Sections 498-A, 323, 506/354, I.P.C. The petitioner-accused No. 4 filed a petition before the learned Magistrate under Section 210 of the Code of Criminal Procedure to stay the further proceedings of the complaint case on the ground that investigation is pending before the police authorities ...
Tag this Judgment!Court : Orissa
Reported in : (2006)IIILLJ836Ori
A.K. Samantaray, J.1. In this writ petition under Articles 226 and 227 of the Constitution of India the petitioner has assailed the order passed by the opposite parties in imposing the punishment of compulsory retirement in a Departmental proceeding and has come with the prayer for quashing the order of the disciplinary authority under Annexure-18 and order of the appellate authority under Annexure-20.2. It is necessary to set out in some detail the facts which gave rise to the departmental proceedings against the petitioner resulting in the order or his compulsory retirement from service. The petitioner was initially appointed as Rural Credit Officer in Andhra Bank which was latter on re-designated as Rural Development Officer in the Grade of JM-I and the petitioner while working as such at Dhone, he was transferred to Berhampur Regional Office vide order dated July 1, 1991. Pursuant to the said order of transfer the petitioner joined in the regional office, Berhampur on July 12, 1991...
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori259; 76(1993)CLT720
Hansaria, C.J.1. Ours is a parliamentary democracy. Elections are held in normal course every five years to elect people's representatives to sit either in the Parliament or in the State Legislatures. Various political parties bring out their election manifestos and approach people seeking their support on the basis of promises held out in the manifestos. In the last Parliament election which took place in this State in 1989 as well as the assembly elections which were held in 1990, the people of Orissa were promised by the present Chief Minister, in the background of rampant corruption by persons holding high political and public offices in the State, to take all steps to confiscate the ill-gotten money made by such persons by corrupt means and to utilise such property for the welfare of the State. To fulfil this promise, the Chief Minister, who was also in charge of Home Department and who belongs to the Janata Dal, sent a Bill named 'Orissa Special Courts Bill' to the State Assembly...
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