Court : Orissa
Reported in : AIR1972Ori243; 38(1972)CLT498
Misra, C.J.1. The petitioner was appointed as a constable on 17-9-1962. He was made permanent after undergoing training in the Police Training College, Angul. By Annexure A dated 9-5-1964 the Superintendent of Police, Kalahandi, framed the following two charges against the petitioner.'1. He absented from duty from 12-2-1964 A.M. to 19-2-1964 A.M. without any leave or permission. 2. That he proceeded on four days C.L. with effect from 21-2-1964 P.M. and though he was warned against overstayal he overstayed C. L, by 3 days without leave or permission and returned to duty on 28-2-1964 P. M.'2. After regular enquiry the Superintendent of Police, Kalahandi, found the petitioner guilty and imposed the following penalty by his order (Annexure B) dated 10-7-1964:'The period of absence from 12-2-1964 to 18-2-1964 and 26-2-1964 to 28-2 1964 is treated as E. O. L. Since he has already suffered financial loss and mental agony I award him a lenient sentence i.e. a severe censure'.3. On 4-2-1966 the...
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori29
Narasimham, C.J.1. This is an appeal by the State of Orissa against the judgment of the Subordinate Judge of Berhampur, decreeing the respondent-plaintff's suit for a declaration that the order discharging him from service passed by the Deputy Commissioner of Khondmals on 15th March 1952 (Ext. F) was, void and inoperative and for other consequential reliefs.2. The plaintiff was employed as a ministerial officer in the office of the Deputy Commissioner, Khondmals at Phulbani. He first went on leave on 14th April 1951, for the purpose of undergoing survey training at Berhampur, but did not rejoin duty after completing the training and took leave from time to time on various grounds which need not be mentioned here. Ultimately, on 3-11-51 (see Ext. M/1) the Deputy Commissioner framed specific charges against the plaintiff for various acts of misconduct in the discharge of his duties and called upon him to show cause within seven days of the receipt of the charges as to 'why he may not be ...
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 : AIR1988Ori82
L. Rath, J. 1. The challenge in this writ application is to an order passed by the Orissa State Boardof Homeopathic Medicine, Opposite Party No. 1, cancelling the registration of the petitioner as a homeopathic practitioner and removing his name from the State register of homeopathic practitioners.2. The petitioner is a registered homeopathic practitioner so registered under the provisions of the Orissa Homeopathic Act, 1956 and is presently the Principal-cum-Superintendent of Dr. Abhin Chandra Homeopathic Medical College and Hospital, a Government Homeopathic Medical College. The petitioner became a listed homeopathic practitioner in 1964 and was registered on 3-5-1969. The order of removal of the name from the register is dated 12-6-1986.3. Opposite Party No. 1 is a statutory body created and functioning under the Orissa Homeopathic Act, 1956 (for brevity 'the State Act'). The law relating to homeopathic practitioner of t he State is as contained in the State Act as also in the Centr...
Tag this Judgment!Court : Orissa
Reported in : 1990CriLJ2261
G.B. Patnaik, J. 1. The petitioner has been detained under the provisions of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter referred to as the 'Act') pursuant to an order passed by the District Magistrate, Sundargarh, in exercise of his power conferred under Section 3 (1)(a), (b)(i) and (ii) read with Section 2(a) of the Act. The petitioner assails the said order, inter alia on the grounds that the detaining authority has passed the order of detention mechnically without applying his mind to find out whether launching of a criminal prosecution under the provisions of the Essential Commodities Act could also serve the purpose of preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies of commodity essential to the community and that the grounds are vague and irrelevant and the detenu was prevented from making an effective representation thereby Article 22(5) of the Constitution has been v...
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR504
S.C. Parija, J.1. These two applications have been filed under Section 482 Cr.P.C., assailing the order of S.D.J.M. (S), Cuttack, dated 28.2.2007, passed in ICC No. 671 of 2005, taking cognizance against the petitioners for commission of offences under Section 323 read with Section 107/108 I.P.C. and Section 29 of the Police Act.2. The factual background of the case is that the husband of the complainant (Debakalyan Mohanty), who was working as Senior Mining Engineer, Gevra. Colliery under South Eastern Coal Fields Ltd. (a subsidiary of Coal India Ltd), in the State of Madhya Pradesh (now Chattishgarh), died on 30.12.1995 under suspicious circumstances. The local police after investigation, did not find anything suspicious and it appeared to be a case of suicide. Accordingly, they filed final report treating it to be a case of suicide and the final report was accepted by the Executive Magistrate, Kathaghora, Korba.3. The complainant not being satisfied with the investigation conducted ...
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 : AIR1989Ori109; 66(1988)CLT155; (1990)IILLJ186Ori
G.B. Patnaik, J. 1. This case has been referred to the Full Bench as a Bench of this Court doubted the correctness of the Bench decision of this court in the case of Agadhu Charan Giri v. Commercial Manager, Indian Airlines, Calcutta (1985) 2 Orissa LR 513, on the question whether an order of acquittal passed in a criminal case debars a departmental inquiry on the self-same charges or not. The doubt arose because of some observations made by the Supreme Court in the case of Corpn. of the City of Nagpur, Civil Lines Nagpur v. Ramachandra G. Modak, AIR 1984 SC 626: (1984 Lab IC 179): 2. The brief facts are that the petitioner was appointed as a Clerk in the Bank of India on 27-12-1971 and was posted as Clerk-cum-Cashier at Berhampur between the period 24-12-1975 and 4-1-1979. During the said period, he was tried in two criminal cases namely SPE 8 of 1978 and SPE 10 of 1978 on the allegations that he committed certain forgery and manipulated certain documents which facilitated one Shri N....
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 : 97(2004)CLT19
L. Mohapatra, J. 1. The petitioner in this writ application assails the legality of the order passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in Original Application No. 453 (C) of 1995 which he had filed challenging his dismissal from service pursuant to a disciplinary proceeding.2. The petitioner was appointed as Constable under the Orissa Police and was posted in the district of Koraput. In the month of February, 1987 he was transferred to Balasore district and while working at Balasore, he became the President of Orissa Police Havildar and Constable Association, Balasore branch. On the eve of New Year, 1991 the petitioner brought out a New Year Greeting in the form of a booklet wherein he had summerised various works and deeds of the association, the problems faced by the association as well as the work to be undertaken by the association. According to the petitioner, the said booklet was a message and exchange of ideas rather than allegations as alleged by the...
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