Orissa HC Recommends Imposing Restrictions On Voluntary Retirement Of Govt Doctors, Issues Directions For Better Working Conditions

The Orissa High Court has suggested the Department of Health and Family Welfare, Government of Odisha to bring in necessary amendments to the Odisha Civil Services (Pension) Rules, 1992 ('the 1992 Rules') so as to put a bar on large-scale exit of government doctors through the voluntary retirement scheme.Expressing deep concern over huge exodus of government physicians, the Single Bench of...

Orissa High Court Denies Claim For Regularization Of Previous Service Due To Extended Delay In Filing

The Orissa High Court bench comprising of Justice Sashikanta Mishra held that claim for regularization of service can be denied due to an extended delay in filing, coupled with the petitioner's subsequent employment in another institution. Background Facts The Petitioner was appointed against an Additional Trained Graduate post on 04.7.1991 in Akhua Odanga High School. She had...

Any Vulnerability In Aadhaar Database Can Lead To Misuse Of Personal & Financial Info, Strengthening Security Framework Need Of Hour: Orissa HC

The Orissa High Court has flagged the issue of misuse of Aadhaar details due to inadequate cybersecurity measures and has called for strengthening its security framework by implementing state-of-the-art encryption, multi-layered authentication protocols and stringent access controls.The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi made the observations while hearing a challenge made...

PAN-Aadhaar Linkage For Demat Accounts Constitutionally Valid: Orissa HC Dismisses Plea Of Ex-MP Against Mandatory Aadhaar Usage

The Orissa High Court has dismissed a plea made by former Member of Parliament (MP) Tathagata Satapathy challenging the requirement of mandatory linking of Aadhaar to Permanent Account Number (PAN) for the purpose of operating dematerialized accounts ('demat accounts').While holding the aforesaid requirement to be constitutional and a reasonable restriction on 'right to privacy', the Single...

Probation Of Offenders Act | Orissa HC Releases Man Accused Of Deceitfully Having Sex, Causing Miscarriage Of Minor In 1991

The Orissa High Court has upheld the order of conviction and sentence passed against a man, who was held guilty of having sex with a minor girl by deceitfully inducing her to believe that he was her lawfully married husband and thereafter, causing miscarriage by administering pills.The Single Bench of Justice Biraja Prasanna Satapathy, however, released him under the provisions of Probation...

Article 22(5) | Preventive Detention Order Unconstitutional If All Grounds Of Detention Are Not Communicated To Detenu: Orissa High Court

The Orissa High Court has reiterated that a preventive detention order shall be rendered unconstitutional for being violative of Article 22(5) of the Constitution if it does not specify each and every ground based upon which the order of detention was passed against the detenu.While setting aside a preventive detention order issued against the petitioner, who is accused of drugs-peddling,...

'Presumption That Woman Engages In Intimacy Only To Marry Is Patriarchal': Orissa HC Questions Criminalising Sex On False Promise Of Marriage

The Orissa High Court has questioned the underlying presumption behind criminalisation of sex on 'false promise of marriage' and held that the assumption that a woman engages in acts of intimacy with a man only as a 'prelude' to marriage is a patriarchal thought and not a principle of justice. In a powerful observation against putting fetters on female sexuality and bodily autonomy,...

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage

The Orissa High Court has quashed rape charges against a man who was accused of having repeated sex with a woman/complainant stretching over a period of about nine years on false promise of marriage. The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi said that non-culmination of the relationship into marriage may be a source of personal grievance but not a crime and...

Orissa High Court Releases Cargo Vessel MV Debi Following Settlement Between Parties, Orders Refund Of Court Fees

The Orissa High Court has ordered release of cargo ship 'MV Debi' which was arrested at the Paradip Port and subsequently ordered to be auctioned last year for its failure to pay berth hire and penal berth hire charges amounting to almost eight crore rupees. The Court has also ordered refund of the court fees paid by the plaintiff-Paradip International Cargo Terminal Pvt. Ltd. Taking...

Detention Of Accused For More Than 6 Years As 'Undertrial' Is Infringement Of Right To Speedy Trial: Orissa High Court

The Orissa High Court has held that detention of an accused as an undertrial for more than six years can be considered as violation of right to speedy trial as guaranteed under Article 21 of the Constitution. While granting bail to a person accused of duping gullible investors of crores of rupees, the Single Bench of Justice Gourishankar Satapathy observed – “True it is that...

'Raises Concerns About Competence Of Judge': Orissa HC Sets Aside Order In POCSO Case Wrongly Treating Major Accused As 'Juvenile'

The Orissa High Court has heavily criticized a Special Court under the Protection of Children from Sexual Offence Act ('POCSO Act') for treating an accused as 'juvenile' and referring the case to Juvenile Justice Board (JJB) despite having enough materials to suggest that the last act in the 'continuing offence' was committed by the accused much after he attained...

'Life Without Liberty Is Like Bird With Crippled Wings': Orissa HC Releases Undertrial In Financial Frauds Case Citing Prolonged Detention

The Orissa High Court ordered release of a person accused of committing multiple financial frauds involving lakhs of rupees after finding that as an undertrial, he has completed more than half of the period of sentence prescribed for the most grievous offence for which he has been charged for. Giving weightage to liberty of the petitioner over onerous bail conditions previously...