January to March 2013 for PDF.pmd - Orissa High Court

28CourtNewsLAXMAN PRUSTY-V- STATE OF ORISSACRLREV. NO.742 OF 2012 (Dt.07.03.2013)CRIMINAL PROCEDURE CODE, 1973 – S.227.Petitioner alleged to have tampered his date of birth in service record – He retired in 1986 but F.I.R.lodged in 2002 – Initiation of Criminal Proceeding being barred Under Rule 7 (2) (c ) of Orissa Civil Service(Pension) Rules, 1992 he filed an application for discharge – Application rejected on the ground thatcharge already framed against the petitioner – Hence this revision.Criminal Proceeding itself being not maintainable, no charge could have been framed against thepetitioner, even though, cognizance has already been taken – Held, mere taking of cognizance does notdebar the Court to consider the question of maintainability of the proceeding at the time of hearing oncharge – Held, impugned order is set aside and the Criminal Proceeding is quashed.(B. K. Nayak, J.)DEBASIS ROUT –V- MANOJ KUMAR PARIDACRLREV. NO.20 OF 2012 (Dt.07.03.2013)NEGOTIABLE INSTRUMENTS ACT, 1881 – S.147.Offence U/s. 138 N.I. Act – Joint petition by the complainant and the accused for compounding ofthe offence – Held, such compounding can be made at any stage of the proceeding i.e. during appeal,revision or even before the Supreme Court.In this case complainant has already received the compensation amount of Rs.65,000/- and he hasno objection if order of conviction and sentence against the petitioner is set aside – Held, petition forcompounding the offence is allowed – Order of conviction and sentence passed by the trial Court is setaside and the petitioner is acquitted of the charge U/s.138 N.I. Act subject to deposit of Rs.8400/- by wayof cost with the Orissa State Legal Services Authority, Cuttack.(B. K. Nayak, J.)PRAKASH PATTNAIK-V- THE CHAIRMAN, P.N.B. & ANR.W.P.(C) NO.175 OF 2007 (Dt.12.03.2013)SERVICE LAW - Compassionate appointment – Object of the scheme is to help the family of theemployee dying in harness and leaving his family in penury without any means of livelihood – Held, it isimportant to assess the financial condition of the family of the deceased employee to determine theeligibility for compassionate appointment, which cannot be claimed as a matter of right.In this case the family of the petitioner received Rs.6.20 laks as terminal dues and Rs.3.57 lakson account of other investments and the family has owned a residential house besides a piece of landand as such the dependant of the deceased employee are not in penury, without any means of livelihood– Held, the Bank has rightly rejected the application of the petitioner for compassionate appointment.(M. M. Das, J & S.C. Parija, J.)RANJIT RANJAN NAYAK-V- STATE OF ODISHA & ORS.W.P.(C) NO.226 OF 2007 (Dt.12.03.2013)EDUCATION – Whether Diploma in Special Education (Mental Retardation) conducted byRehabilitation Council of India is equivalent to Certified Teachers (C.T.) qualification of Board of SecondaryEducation, Odisha – Held, Yes.(B. N. Mahapatra, J.)