Magistrate Not Barred To Take Cognizance For Second Time For Different Offences If Prima Facie Case Established: Orissa High Court

The Orissa High Court has held that a Magistrate, even after taking cognizance for certain offences on the basis of charge-sheet filed by investigating agency, is not barred from taking cognizance again for some other serious offences, if prima facie case is established by means of sufficient materials.Clarifying the position of law regarding validity of a second cognizance, the Single Bench...

Arbitrary Disciplinary Proceedings By SBI, Termination Held Invalid, Orissa HC Awards Compensation

A Division bench of the Orissa High Court comprising Chief Justice Harish Tandon & Justice K.R. Mohapatra held that disciplinary action notwithstanding scrutiny on fairness and procedural compliance is arbitrary, and in cases of superannuation of Workman, monetary compensation may be awarded in lieu of reinstatement. Background Facts The workman was appointed as a Messenger...

Reconstituted GSTAT Selection Committee Has Power To Restart Process Afresh: Orissa High Court

The Orissa High Court held that the reconstituted GSTAT (Central Goods and Services Tax Appellate Tribunal) selection committee has the authority to restart the entire appointment process. “…….Mere offering the candidature in a public employment does not create indefeasible or inchoate right into the appointment. Even a person, whose name is included in the select list,...

Denying Maternity Benefits To Contractual Employee 'Abhorrent' To Womanhood: Orissa High Court

The Orissa High Court has held that a woman employee cannot be denied maternity leave/benefits merely on the basis of nature of her appointment being contractual. It was stressed that any such denial shall be 'abhorrent' to the very notions of humanity and womanhood.While dismissing a writ appeal against the judgment of a Single Bench, the Division Bench of Justice Dixit Krishna Shripad...

MSME Council's Order Declaring Jurisdiction To Decide Dispute Between Parties Can Be Challenged Only U/S 34 Of A&C Act: Orissa High Court

The Orissa High Court bench of Justice K.R. Mohapatra has held that once the MSME Council initiates arbitration following the termination of conciliation proceedings, any order passed by the Council regarding its jurisdiction to adjudicate the dispute can only be challenged under Section 34 of the Arbitration and Conciliation Act. The aggrieved party cannot invoke Article 227 of...

'Troubling Pattern Of Bulldozer Justice': Orissa High Court Orders Recovery Of ₹2 Lakh From Salary Of Tahasildar For Illegal Demolition

In a strong judicial retaliation against unlawful 'bulldozer action', the Orissa High Court has ordered the State to pay rupees ten lakhs compensation, out of which rupees two lakhs are to be recovered from the salary of the concerned Tahasildar, for illegally demolishing a structure belonging to a community centre.Reprimanding the executive excess in clear derogation of judicial orders,...

Orissa High Court Quashes Departmental Action Against Cop Accused Of Sodomy, Notes Parties Compromised

The Orissa High Court has set aside departmental action, including suspension and imposition of black-marks, against a police Assistant Sub-Inspector (ASI) who was accused of committing unnatural anal intercourse with a subordinate Home Guard against his will at the workplace.Giving relief to the cop, Justice V. Narasingh in his order observed –“In view of the pronouncement of the Apex...

'No Separate Lanes For High Office Holders': Orissa High Court Rejects Senior IAS Officer's Plea To Quash CBI Investigation In Graft Case

The Orissa High Court has dismissed a writ petition filed by Bishnupada Sethi, a senior IAS officer, seeking to quash the ongoing CBI investigation against him relating to a corruption case. The Bench of Dr. Justice Sanjeeb Kumar Panigrahi rebuked the senior administrator for trying to circumvent the regular procedures of law, and observed –“What is troubling is the unmistakable...

'Govt Is Model Employer, Can't Act Like East India Company': Orissa High Court Quashes 'Unreasoned' Debarment Order Against Judiciary Applicant

The Orissa High Court has come to the rescue of a Schedule Caste (SC) Court employee who was permanently debarred from government service as he applied for the post of Civil Judge and was selected in the Odisha Judicial Service (OJS) without obtaining a 'No Objection Certificate' (NOC) from his then employer.A fault was found with the impugned order since no specific reason was assigned as to...

Merely Mentioning Wrong Sub-Section In Chargesheet Doesn't Render Entire Investigation Illegal: Orissa High Court

The Orissa High Court has held that merely mentioning a wrong sub-section in the charge-sheet will not render an entire investigation a nullity/illegal. While deciding the effect of such trivial error on the criminal proceedings, Justice Savitri Ratho held –“In view of Section 193(9) of the BNSS, merely because a wrong sub section has been mentioned in the charge sheet i.e. Subsection...

'Sentence Hearing Not Mere Formality': Orissa High Court Expresses Concern Over Conviction & Imposition Of Death Penalty On Same Day

The Orissa High Court has expressed concern over trial Court recording conviction, holding hearing on the question of sentence and ultimately, imposing the extreme sentence of death on a single day, without affording any 'meaningful opportunity' to the accused to present relevant mitigating circumstances in his favour.While allowing two death-row convicts to highlight 'mitigating factors'...

Ridiculing Husband Over His Physical Infirmity, Calling Him 'Kempa' & 'Nikhatu' Constitutes Mental Cruelty: Orissa High Court

The Orissa High Court has held that a wife ridiculing and passing disparaging comments about physical disability/infirmity of her husband and using derogatory words over his condition like 'Nikhatu' or 'Kempa' is a form of mental cruelty, which is a sufficient ground for grant of divorce.While upholding the decree of divorce passed by the Family Court, the Division Bench of Justice Bibhu...