Orissa High Court
After Superannuation, Only Government & Not Subordinate Authority Competent To Impose Penalty, As Per Rules : Orissa HC
A Division Bench of the Orissa High Court comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra held that after superannuation, only the Government is authorised under the rules to pass the order of penalty in a departmental proceeding even initiated prior to the retirement. A subordinate authority cannot impose such penalty. Background Facts The employee (appellant) was working as a Senior Clerk in the Office of the Accountant General, Odisha (A & E). He was...
Supreme Court's 'Mihir Rajesh Shah' Directive Mandating Written Grounds Of Arrest Applies Prospectively: Orissa High Court
The Orissa High Court has recently clarified that the mandate of providing written grounds of arrest to the accused, which was made mandatory by the Supreme Court in Mihir Rajesh Shah v. State of Maharashtra & Anr., 2025 LiveLaw (SC) 1066, applies prospectively and thus, non-compliance thereof before the date of judgment does not render the arrest illegal per se. Denying bail to an...
Order Passed By Judge On A Subject Matter Beyond His Assigned Roster Is Illegal: Orissa High Court
The Orissa High Court has recently held that an order passed by a Judge [of High Court] on a subject matter, which is not included in the roster/determination set by the Chief Justice, is per se illegal as usurpation of power without the authority of the Master of the Roster, i.e. the Chief Justice, is impermissible.Clarifying the effect of such judicial overstepping, the Division Bench of...
'Panchayat Not Court Of Law', Can't Settle Sexual Offences Through Promise Of Marriage: Orissa High Court
In a powerful reminder to village institutions, the Orissa High Court has unequivocally held that neither Panchayat is a Court of law nor Sarpanch is a Magistrate holding judicial power to deal with serious criminal cases like child sexual abuse and to broker settlement in such heinous cases through securing a promise of marriage from the abuser.While upholding the conviction of a man accused...
'Allegations Can't Be Accepted To Punish Accused Before Trial': Orissa High Court Grants Bail To Eight In OTET Paper Leak Case
The Orissa High Court on Thursday (March 05) granted bail to eight persons, including the Vice-President of the Board of Secondary Education (BSE), taken into custody for their alleged role in leaking the question papers of the Special Odisha Teacher Eligibility Test, 2025 (OTET) days before the examination was scheduled to be held.Citing low prospect of early conclusion of the ongoing trial...
S.7 POCSO Act | Squeezing & Pulling Breast Of Minor Girl Without 'Skin-To-Skin' Contact Amounts To Sexual Assault: Orissa High Court
The Orissa High Court has held that squeezing and pulling the breast of a minor girl, even though the same were done without making any “skin-to-skin” contact, would amount to 'sexual assault' as defined under Section 7 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') which is punishable under Section 8 thereof.While upholding the finding of guilt against...
OMMC Rules | Cancellation Of Lease Not Illegal Merely Because Order Was Issued By 'In-Charge' Mining Officer: Orissa High Court
The Orissa High Court has held cancellation of a lease under the Odisha Minor Mineral Concession Rules, 2016 ('the OMMC Rules') cannot be deemed to be illegal merely because the cancellation order was passed by the Mining Officer (In-charge), while the Mining Officer was the 'competent authority' under such Rules.A Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman...
'Spent Prime Of His Youth In Court Corridors': Orissa HC Raps State For Removing Teacher On Same Grounds After Reinstatement
'What is State without justice, but a band of robbers…,” the Orissa High Court quoted Jeremy Bentham as it castigated the State and its officials for making a teacher belonging to Scheduled Caste (SC) community to fight multiple litigations challenging his illegal removal from the post for the second time on a non-applicable ground, notwithstanding his earlier reinstatement.The Division...
Police Should Record Statements, Preserve Videos Of Amicable Settlements In Criminal Cases: Orissa High Court
The Orissa High Court has recently observed that the police should record statements and preserve videos of amicable settlements between the parties in criminal cases, in order to ensure that the settlement is arrived at voluntarily at the consent of the parties, bereft of any pressure or threats. A Bench of Justice Savitri Ratho advised the police to preserve such videos, which would go a...
S.35(3) BNSS | Asking Accused To Appear Before Police In Regular Intervals Such As Every 15 Days Not Proper: Orissa High Court
The Orissa High Court has held that while the police has power to issue notice to the accused to appear when required for investigation under Section 41A(1) CrPC/Section 35(3) BNSS , it however said that requiring the accused persons to appear every 15 days is not proper. Clarifying this significant procedural aspect vis-à-vis arrest, the Bench of Justice Savitri Ratho notably...
S.12(5) DV Act | Disposal Of Domestic Violence Plea Within 60 Days Not Practical But Long Adjournments Must Be Avoided: Orissa High Court
The Orissa High Court has said while it may not be practical for a Magistrate to decide Section 12(1) application under Protection of Women from Domestic Violence Act, within statutory prescribed period of 60 days, however unnecessary and long adjournments should not be given to the parties.Under Section 12(1) an aggrieved person or a Protection Officer or any other person on behalf of...
'No Useful Purpose Would Be Served': Orissa High Court Quashes Cruelty & Dowry Case Against Husband Citing Mutual Divorce
The Orissa High Court recently quashed a criminal case against a husband, accused of demanding dowry and meting out cruelty against his wife, on the basis of divorce of the couple on mutual consent under Section 13-B of the Hindu Marriage Act, 1955 ['the 1955 Act'].A Single Bench of Justice Savitri Ratho was of the opinion that since the marriage has been dissolved with the consent of both...