Orissa High Court
'Doesn't Cease To Be Daughter After Marriage': Orissa High Court Orders Compassionate Appointment 26 Yrs After Father's Death
The Orissa High Court has held that a daughter's relation with her parents does not cease to exist after marriage, so as to her deny compassionate appointment in lieu of on-duty death of her father. The Court ordered the State Government to provide rehabilitory appointment to the married daughter of a deceased employee 26 years after he died in harness, i.e. in the year 1999.A Division Bench...
Orissa High Court Orders Creation Of State Level Task Force For Checking Misuse Of 'State Emblem', Issues Directions
Taking misuse of the State Emblem of India seriously, the Orissa High Court has directed the State Government to create a State Level Task Force to monitor and review any suggestion, objection and/or report the misuse of the Emblem. Additionally, the Court also issued a slew of directions for preventing institutional as well as individual misuse of the Emblem.A Division Bench of Chief...
'Scurrilous Remarks Against Constitutional Functionary': Orissa High Court Criticizes DSP For Casting Aspersions On Advocate General
In an unusual development, the Orissa High Court has criticized an officer in the cadre of Deputy Superintendent of Police (DSP) for casting aspersions on the professional ethics of the Advocate General for the State. The Bench of Justice Biraja Prasanna Satapathy went a step ahead in restraining media from reporting the contents of the affidavit through which the DSP had made...
'No Mother Would Hurt Her Child': Orissa High Court Orders 75% Back Wages To Woman Dismissed For Allegedly Throwing Her Baby Into Canal
The Orissa High Court has upheld an order of the Central Administrative Tribunal (CAT) reinstating a female government employee who was dismissed from service for allegedly throwing her baby into a canal causing her death. The Court further modified the Tribunal's order asking the employer to pay 75% of the back wages upon her reinstatement. In the absence of any evidence implicating...
'Series Of Criminal Antecedents': Orissa High Court Denies Bail To Gangsters D-Brothers In Extortion & Arms Act Case
The Orissa High Court has denied bail to notorious gangsters Susanta Kumar Dhalasamanta and Susil Kumar Dhalasamanta, best known as Dhalasamanta brothers/D-Brothers, in a case involving extortion of money and unauthorized possession of firearms and live ammunitions in their house.For denying relief to the petitioners, the Bench of Justice Gourishankar Satapathy took into account numerous...
Continuity Of Service For Pension Benefits Preserved When Technical Resignation Is Followed By Immediate Rejoining Without Break: Orissa HC
A Division Bench of the Orissa High Court comprising Justice Dixit Krishna Shripad and Justice Sibo Sankar Mishra held that continuity of service for pension benefits is preserved under CCS (Pension) Rules when an employee submits a technical resignation and immediately rejoins the same post under the same employer without interruption. Background Facts The employee was appointed as...
'Affront To Personal Liberty', NBW Can't Be Issued Before Scheduled Date Of Appearance Of Accused U/S 35(3) BNSS: Orissa High Court
The Orissa High Court has held that non-bailable warrant of arrest (NBW) cannot be issued against an accused before the scheduled date of appearance, upon issuance of notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Terming such dereliction as an “affront to personal liberty” of the accused, the Single Bench of Justice Gourishankar Satapathy held –“…it...
Families Of Disabled Combat Personnel Deserve Liberal Approach In Compassionate Appointment Claims: Orissa High Court
“People sleep peaceably in their beds at night only because rough men stand ready to suffer violence on their behalf,” the Orissa High Court quoted George Orwell as it upheld the direction of a Single Bench, which ordered compassionate appointment as Head Constable in favour of the wife of a former Central Reserve Police Force (CRPF) jawan who sustained grave injuries and disability in a...
'Aggravated Contempt': Orissa High Court Issues Arrest Warrant Against IAS Officer Over Repeated Non-Compliance Of Order
In a rare move, the Orissa High Court has ordered issuance of arrest warrant against senior IAS officer Arvind Agrawal, Commissioner-cum-Secretary, Department of Higher Education, Government of Odisha ('DHE') over repeated non-compliance of the Court's order asking him to consider the representation of an ex-academician, who had prayed for grant of a notional increment.While passing order...
Can't Suffer For Official Lapse: Orissa High Court Backs Reinstatement Of Employee Removed For Being Minor During Appointment
The Orissa High Court has recently upheld an order of Administrative Tribunal reinstating a female employee who was removed from service on the ground that she was a minor at the time of appointment, while the minimum eligibility age was 18 years.For confirming the impugned order, the Division Bench of Justice Dixit Krishna Shripad and Justice Chittaranjan Dash reasoned –“In the matter...
HMA | Second Marriage During Subsistence Of First Marriage Doesn't Get Legitimized Upon Death Of First Wife: Orissa High Court
The Orissa High Court has held that solemnisation of second marriage, which is void ab initio, by a Hindu man during subsistence of his first marriage does not get legitimised/legalised upon the death of the first wife. While deciding the plea of the second wife of an ex-government employee for grant of family pension, the Division Bench of Justice Dixit Krishna Shripad and Justice...