Court : Orissa
Reported in : 2009(1)OLR133
..... in the light of the above decision, hon'ble supreme court clearly emphasized that a person who had hold the office of lokpal is disentitled from holding any employment under section 5(3) of the orissa lokpal and lokayuktas act, 1995.33. ..... mohapatra had earlier been lokpal under the provisions of orissa lokpal and lokyuktas act, 1995 (hereinafter called 'act, 1995') which puts an embargo for his further employment. ..... section 5(3) of the act, 1995 is quoted hereunder:save as otherwise provided in sub-section (1) on ceasing to hold office, the lokpal or a lokayukta shall be ineligible for further employment under the state government or for any employment under o office in any such local authority, corporation, government company or society. ..... nanda, learned counsel appearing for the petitioner submits that in view of the provisions of section 5(3) of act, 1995, certain disabilities are attached to the person who holds the office of lokpal and he becomes disqualified for any future employment. ..... (4) where two or more lokayukta are appointed under this act, the lokpal may, by general or special order, assign to each of these matters which may be investigated by them under this act:provided that no investigation made by a lokayukta under this act and no action taken or thing done by him in respect of such investigation shall be open to question on the ground only that such investigation relates to a matter which is not assigned to him by such order.27. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori17
..... the statement of objects and reasons leading to the aforesaid amendment is extracted hereunder:sub-section (4) of section 5 of the orissa lokpal and lokayuktas act, 1995 (orissa act 8 of 1995) provides that the lokpal and ldkayuktas shall be paid salaries specified in the second schedule of the act. ..... the writ petitioner, a retired judge of this high court, was appointed as the lokpal under section 3 of the orissa lokpal and lokayuktas act, 1995 (orissa act 8 of 1995) and he assumed the said office on 16-2-1997. ..... the lokpal is appointed under the orissa lokpal and lokayuktas act, 1995. ..... according to the petitioner, the action of the state government in not extending the benefit of revised salary to the petitioner, which has been done subsequently by bringing an amendment to the lokpal and lokayuktas act, 1995 is discriminatory because the statement of objects and reasons leading to the amendment of the second schedule to the act reveals that the same is in pursuance of the amendment to the high court judges (conditions of service) act, 1954 by the central act 18 of 1998. ..... it was, therefore, as stated in the aforesaid statement of objects and reasons, considered expedient to enhance the salaries of the lokpal and lokayuktas specified in the second schedule to the act (orissa act 8 of 1995) and in order to achieve the aforesaid objective, the amendment was made. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2002Ori25; 2001(II)OLR461
..... shri misra, learned counsel for the petitioner, has made a two-pronged salvo to the appointment of lokpal which are as follows :(i) under section 3(1) of the orissa lokpal and lokayuktas act, 1995 (hereinafter referred to as 'the act') it is the governor who is to appoint the lokpal after following the due procedure laid down for the purpose, but in the instant case, it was the chief minister who initiated the process ultimately leading to the issuance of the impugned notification. ..... in exercise of the powers conferred under section 3(1) of the orissa lokpal and lokayuktas act, 1995, the governor of orissa is hereby pleased to appoint shri justice k.p. ..... 83/cmc dated 8-10-1996 at annexure-a wrote to the chief justice of orissa high court which is extracted hereunder :'my dear chief justice, section 3(1) of the lokpal and lokayukta act envisages appointment of lokpal in consultation with the chief justice of orissa high court and the leader of the opposition, if any. ..... there is provision in section 3(1) of the lokpal and lokayuktas act for consultation with the chief justice and with you. .....
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR248
..... he is to function within the limitations prescribed by the orissa lokpal and lokayuktas act, 1995. ..... moreover in view of the fact that the author of the complaint petition is a pseudonymous one and there is no scope of any one coming to substantiate the allegation, the complaint ought to have been rejected under section 10 (4) (a) of the act on the ground that it is frivolous/vexatious and is not made in good faith.in the result, the entire proceedings relating to the petitioner before the lokpal are hereby quashed. ..... by this application under articles 226 and 227 of the constitution of india the petitioner seeks quashing of the order dated 19.4.2001 made by the lokpal and the notice no. ..... ') which is a statutory authority having been constituted under sub-section (3) of the section 3 of the orissa development authorities act, 1982. ..... shri sarangi appearing for the lokpal on the other hand submitted that the action taken in the matter by the lokpal is within his jurisdiction and is otherwise valid. ..... shri mohanty seriously contended that the lokpal having found that the so-called complaint petition was a pseudonymous one acted illegally in exercise of his jurisdiction in directing the social relief commissioner to hold a 'secret inquiry. ..... he has become the victim of circumstances and it is the handiwork of some disgruntled persons who submitted the so-called complaint petition before the lokpal. .....
Tag this Judgment!Court : Orissa
Reported in : 1991(II)OLR221
..... the challenge on the ground of illegality, we may note the eligibility condition as mentioned in section 3 (2)(a) of the orissa lokpal and lokayuktas act, 1970 (for short 'the act ..... from boys who 'have been' three years at school would mean that only those boys were eligible who had been three years at the school at the time of and immediately preceding, the ejection, this shows that the phrases like 'have been'' and 'has been' do have retrospective operation, how far backwards they can travel has not been indicated in any of the decisions or dictionaries to which reference has been made by shri panda.6. ..... the submission relating to mala fide in the appointment has been advanced on the ground that justice ray was appointed to the post of lokpal as he was related to the then chief minister and ..... known that supreme court judges retire at the age of 65 years and as such the legislature might have well thought that a person aged about 70 years can also be appointed as lokpal because even retired supreme court judges have been made eligible for appointment to the post of lokpal.9. ..... 2) as lokpal, orissa on the ground that the same was illegal as well ..... the reasons aforesaid, we would not agree with shri panda that justice ray was not qualified to be appointed as lokpal as he did not fulfil the eligibility condition mentioned in section 3 2)(a) of the act ..... would like to say that because of use of both 'is' and 'has been' in section 3 (2)(a) of the act, the one cannot be equated with the other. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(I)OLR664
..... the petitioner is an advocate practising in this court and challenges the constitutional validity of the orissa lokpal and lokayuktas (repeal) act. ..... lokpal and lokayuktas act, 1970 (orissa act 1 of 1971) (hereinafter referred to as the 'repealed act') having received the assent of the president under art. ..... since the enquiries contemplated under the repealed act would fall within the domain of the criminal law including matters in the indian penal code and as such are enquiries for the purposes of matters specified in entries 1 and 8 of the concurrent list, the legislation received the assent of the president so that the legislation remains valid and operative in the state of orissa. ..... an amending enactment would require the assent of the persident only if there is anything in the provision of that enactment which is in conflict with or repugnant to the act of the central legislature, but as has been stated earlier, the repealing act repeals the act which had contained provisions contrary to the provisions of the criminal procedure code and the indian penal code, and as such had obtained the assent of the president. ..... the repealed act had received the assent of the president as the provisions contained therein were considered to be repugnant to the provisions of the criminal procedure code and the indian penal code, but the repealing act is intended to wipe off those repugnancies and. .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT710
..... division), boudh under section 45-a read with section 45-b of the orissa panchayat samiti act, 1959 (in short 'the act'). ..... as in several cases, here also we reiterate that while exercising the supervisory jurisdiction under article 227 of the constitution, we do not propose to act as appellate authority as against the impugned judgment and we scrutinize the evidence and findings recorded by the courts below to find out if the impugned judgment suffers from illegality or perversity.15. ..... when learned civil judge remained alive to such fact situation and also took note of the fact that description 'rita behera, wife of fakira behera' is all along in the voters' list in the same manner from the year 1995 whereas opp. ..... 1 could not have been the rita behera which has been described in the voter list of 2001 inasmuch as the house number of her husband is different and apart from that the same rita behera was described consistently as wife of fakira in the voter lists of 1995, 1996 and 1999. ..... 1, 2, 3 and 5 are the certified copies of voters' lists respectively of the year 1995, 1999, 2002 and 1996, and ext. ..... , fakira and his wife describing herself as purnabasi deposed that they are living in another district and have been issued voter identity card since 1995, that does not exclude even possibility of their names being in the voter's list of the native village of fakira behera. ..... d and e are the certified copy of voter lists for the year 2001 and 1995 for bhaga no. 96. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR399
..... prusty, learned counsel appearing for the state on the other hand submitted that section 55 of the act is directory in nature and not mandatory, and even if there was doubt relating to manner of sealing, that has caused no prejudice to the accused and they have been rightly convicted.7. ..... no.344 of 1993), hereinafter referred to as the 'accused', by name faced trial on the accusation of having committed an offence punishable under section 20(b)(i) of the narcotic drugs and psychotropic substances act, 1985 (in short, 'the act') for allegedly possessing and transporting 1.25 quintals of ganja.2. ..... in the result, the appeals are allowed and the judgment of conviction and sentence passed by the learned additional sessions judge, jeypore in respect of each of the appellants in sessions case no. ..... on evaluation of materials and the evidence on record, the learned trial judge found the accused persons guilty, convicted and sentenced each one of them to undergo rigorous imprisonment for four years, and to pay a fine of rs. ..... state of orissa : 1994 (i) olr 90 if was observed that if a vital and decisive link is missing regarding safe custody of the seized article, it has to be held that the prosecution has failed to establish that the seized article was the very same article which was sent for chemical examination. ..... these two appeals are interlined being directed against the judgment of conviction and sentence passed by the learned additional sessions judge, jeypore in s.c. no. .....
Tag this Judgment!Court : Orissa
Reported in : [1998(79)FLR172]; (1999)ILLJ138Ori
..... purchases huge quantity of medicines which are stored in the central medical store wherefrom the said medicines are supplied to different departments of ispat general hospital to be given to the indoor patients and to the dispensaries of health centers and from the said dispensaries and health centres medicines are distributed to the employees and their family members free of costs, initially the employees working in the dispensaries/ health centres and the stores were interchangeable and combinedly considered for promotion to the posts of senior dispenser, store assistant, store keeper ..... upon perusal of the pleadings of the parties and considering the lengthy submissions made on behalf of the respective parties, we are of the view that the tripartite settlement arrived appears to be bonafide and in terms of the provisions of the industrial disputes act. ..... our attention has been drawn to the pleadings of the parties and the appropriate provisions of the industrial disputes act. ..... accordingly joint enquiry was held and after prolonged deliberations when the matter could not be solved it was admitted into conciliation on august 6, 1996 as per the provisions of the industrial disputes act. ..... 1) and a settlement under the industrial disputes act was reached on august 7, 1996.9. .....
Tag this Judgment!Court : Orissa
Reported in : [1991]72CompCas436(Orissa)
..... is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof shall lie or be proceeded with further, except with ..... subsequently hold for or on account of such dealer to pay into the government treasury in the manner specified in the notice issued under this sub-section either forthwith or upon the money becoming due or being held, or at or within the time specified in the notice not being before the money becomes due or is held, so much of the money as is sufficient to pay the amount of tax due from the dealer or penalty or both, as the case may be, under this act, or the whole of money when it is equal to or less than that amount ..... the aforesaid point has arisen for decision on certain steps being taken by different sales tax officers of this state under the provisions of section 13a(1) of the orissa sales tax act, 1947 (for short 'the state act'), which is in the following language :'13a. ..... state of orissa, : [1954]1scr1 ; b. r. .....
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