Color page for PDF.pmd - Orissa High Court

16
Court
News
KUNI SAHOO -V- STATE OF ORISSA & ORS.
O.J.C. NO.8129 OF 1998 (Dt. 14.02.2011)
Service – Normal rule of “no work no pay” is not applicable to such cases where the employee,
although, willing to work is kept away from work by the authorities for no fault of his.
In the present case admittedly due to the illegal action of opposite parties the petitioner was kept
away from her job for the period 1.11.1998 to 25.3.2003 – Held, direction issued for payment of 80%
of the differential back salary for the above period as the petitioner under takes to forego 25% of her
total entitlement.
(B.P.Das, J & B.K.Mishra, J.)
AMRITA MISHRA-V-CHAIRMAN, O.J.E.E.,BURLA & ORS.
W.P.(C) NO.18140 OF 2010 (Dt. on 14.02.2011)
Education – Admission in M.B.A. discipline – Petitioner cleared M.A.T. examination – As per the
Information Brochure of OJEE, 2010 15% seats in M.B.A. be reserved for Candidates clearing CAT, XAT
& MAT – Petitioner interested to take admission in M.B.A. discipline under S.C.S. College Puri –
However she was asked to take admission in private College.
JEE Committee having not specifically mentioned in the Information Brochure that candidates like
the petitioner can only take admission in private Institution is estopped from contending that the
petitioner can not be admitted to Govt. College imparting M.B.A. Programme – Held, direction issued
to Opp.Parties to admit the petitioner in M.B.A. programme in SCS Autonomous College Puri in the seat
kept vacant.
(M.M.Das, J.)
M.CHABINDRA PATRO -V- COLLECTOR & DIST. MAGISTRATE, GANJAM & ORS.
W.P.(C ) NO.22190 OF 2010 (Dt.15.02.2011).
ESSENTIAL COMMODITIES ACT, 1955 – Ss.3 & 6-A.
Seizure of P.D.S. Kerosene Oil and the Tanker by a Police Officer – Confiscation proceeding –
Legality – As per Clause 23 of the Orissa public Distribution System (Control Order, 2008) the Licencing
authority or any other officer authorized by the Govt. in that behalf can only make search and seizure
of any essential commodity.
The Govt. in its food supplies and consumer welfare department vide notification Dt.29.03.2008
specified the officers who can exercise the power of entry, search and seizure but no police officer has
been so specified.
In the present case seizure is made by an S.I. of Police who was not authorized to make seizure
of P.D.S. Kerosene – Held, the seizure being illegal the confiscation proceeding U/s.6 (A) of the E.C.
Act can not sustain – E.M.C. case No.60/2010 before the Collector is quashed.
(H.S.Bhalla, J.)
ROURKELA DEVELOPMENT AUTHORITY SHOP OWNERS ASSOCIATION & ORS. -V-
ROURKELA DEVELOPMENT AUTHORITY.
W.P.(C) NOS.13176 OF 2010 (With Batch) (Dt.17.02.2011)
CONSTITUTION OF INDIA, 1950 – ART. 19 (1) (g), 21.
Licence fee – Enhancement of – Petitioners are unemployed small shopkeepers – They challenged
enhancement of licence fee from Rs.2.50 to Rs.5.00 per sft in respect of RCC roof shop and Rs.4.50
in respect of asbestos roof shop – Action is arbitrary.