Orissa High Court
Right To Be Considered For Promotion Survives Retirement, Persists Even If Legitimate Claim Not Acted Upon by Employee While In Service: Orissa HC
Orissa High Court: A Single Judge Bench of Justice Sashikanta Mishra dismissed the claim of Somanath Mandal, a retired employee of the Orissa University of Agriculture and Technology (OUAT), for a notional promotion. However, the court directed the university to investigate whether vacancies in the unreserved (UR) category existed during the relevant period. The court held that an employee's right to be considered for promotion, if accrued during their service, does not lapse upon...
Orissa High Court Quashes 13-Year Suspension Penalty On Revenue Inspector After Acquittal In Corruption Case; Orders Full Financial Benefits
Orissa High Court: A Single Judge Bench of Justice Murahari Sri Raman quashed the punishment imposed on Kansari Behera, a retired Revenue Inspector, for treating the suspension period from 30.09.2000 to 30.09.2013 as non-duty. The court held that the disciplinary authority violated the law by failing to comply with an earlier appellate order and emphasized that Behera's acquittal in...
All Claims Before Approval Of Resolution Plan Are Extinguished Once Plan Is Approved U/S 31 Of IBC: Orissa High Court
The Orissa High Court Bench of Mr. Justice D.Dash and Mr. Justice V. Narasingh held that all liabilities of the corporate debtor prior to approval of resolution plan stand extinguished once the plan is approved under section 31 of the Insolvency and Bankruptcy Code (IBC). In this case, three writ petitions were filed against demand letters issued by the state (opposite...
Widow Denied PM Awas Benefits For 7 Yrs Due To Forgery Of Govt Official: Orissa HC Orders Immediate Disbursal Of Benefit, Recovery From Salary
The Orissa High Court has ordered the Panchayati Raj Department to immediately disburse the benefits under the Pradhan Mantri Awas Yojana-Gramin (PMAY-G) to an elderly widow who, despite of being eligible to get the benefits, was deprived of the same due to forgery committed by a person in collusion with a government official.Underlining the unjust and illegal deprivation caused to the lady...
Take Proper Safety Measures While Burning Ravan Effigy On Dussehra; No High-Decibel DJs During Durga Puja: Orissa HC To Cuttack Authorities
The Orissa High Court has ordered the Deputy Commissioner of Police, Cuttack to ensure that no high-decibel DJs or loud music is played during the upcoming Durga Puja festivities. It has also ordered the Cuttack Municipal Corporation (CMC) as well as the Commissionerate of Police to coordinate for smooth celebration of 'Ravan Podi Utsav' (Ravan effigy burning).A special Division Bench of...
Virtually Train Tahasildars & Revenue Officials On Proper Issuance Of 'Eviction Notice': Orissa HC To Revenue Department
In a peculiar development, the Orissa High Court has ordered the Revenue and Disaster Management Department of the Government of Odisha to conduct an online training program for all Tahasildars as well as Revenue officials in the State as to how to issue an 'eviction notice' with detailed particulars.The Court was hearing a writ petition challenging an encroachment proceeding initiated...
Not Mandatory To Give Opportunity Of Hearing To Delinquent Employee In 'Fact Finding Inquiry': Orissa High Court
The Orissa High Court has held that an inquiry conducted by a fact find committee is an administrative mechanism which is instituted only to ascertain facts on the basis of which a disciplinary inquiry is contemplated and thus, there is no need to provide opportunity of hearing to the delinquent employee at such stage.Differentiating between 'fact finding inquiry' and 'disciplinary inquiry',...
Stop Constructing Durga Puja Mandaps Over Public Road To Avoid Traffic Congestions: Orissa High Court
The Orissa High Court has expressed concern over erection of bamboo structures within the perimeters of public roads and ordered that no mandap/pandal shall be constructed over the roads to celebrate the upcoming Durga Puja.A Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh was hearing a suo moto PIL concerning the civil issues of city of Cuttack.On a previous date...
'Justice Is Blind But Judges Are Not Sightless': Orissa HC Warns Lawyer For Submitting Fake Certificate To Show Juvenility Of Murder Convict
The Orissa High Court on Tuesday dropped the contempt proceedings against the brother-in-law of a murder convict for submitting forged school transfer certificate to take the plea of juvenility on his behalf, who is serving life sentence.Giving serious warning to the lawyer for facilitating the same, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash held that...
'Foul Play Can't Be Ruled Out': Orissa HC Grants ₹2 Lakhs Interim Compensation For Unnatural Death Of Convicted Prisoner
The Orissa High Court ordered the State to pay an interim compensation of rupees two lakhs to the daughter of a convicted prisoner who was found hanging from the latrine adjacent to the prison cells.While the nature of death of the deceased was claimed to be 'suicidal', the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi said that possibility of 'foul play' cannot be ruled out and...
Orissa High Court Issues Standing Order Instructing Lawyers To Desist From Pleading Law & Case Laws In Counter Affidavits
The Orissa High Court has passed a Standing Order instructing lawyers to desist from pleading laws in the counter affidavits so also to refrain from quoting therein the precedents/observations made by Courts.The Standing Order came as a corollary to an order passed by the Apex Court on July 8, 2024 in Jaiki Singh v. Shrawan Sharma & Anr., wherein it had cautioned the lawyers against...
Bharatpur Army Officer & Lawyer Assault: Orissa HC Takes Suo Moto Cognizance, Restrains Media From Publishing Identity Of Victims
The Orissa High Court on Monday took suo moto cognizance of the issue pertaining to alleged custodial torture meted out to an Army official and his female lawyer friend in Bharatpur police station of Bhubaneswar. The action came subsequent to the letter of Lieutenant General PS Shekhawat, General Officer Commanding & Colonel which urged the Chief Justice to take suo moto...