'Teachers Must Maintain Safe Distance From Politics': Orissa HC Quashes Govt Order Empowering MPs/MLAs To Recommend Teachers' Transfer

The Orissa High Court has set aside a State Government order empowering Members of Parliament (MPs) and Members of State Legislative Assembly (MLAs) to recommend inter-district and intra-district transfer of teachers bereft of any statutory scheme to that effect.A Bench of Justice Dixit Krishna Shripad stressed that unnecessary nexus between politicians and teachers can have a devastating...

Default Bail | S.187(3)(i) BNSS Prescribes 90-Day Limit For Chargesheet, State Amendment Granting 120 Days Repealed With CrPC: Orissa High Court

In a vital clarification to the new procedure under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Orissa High Court has made it clear that the State Amendment, which increased the time-limit for filing of charge-sheet from 90 days to 120 days under the Code of Criminal Procedure (CrPC), is repealed along with the CrPC. Therefore, charge-sheet now has to be filed within 90 days as...

Orissa High Court Orders ₹20 Lakh Compensation To Wife Of Undertrial Who Died Of High Blood Sugar Due To Jail Authorities' Negligence

The Orissa High Court has ordered rupees twenty lakh compensation to the wife of an under-trial who died in 2017 due to negligence of prison authorities in providing required medical attention despite having knowledge of his chronic diabetes and high blood sugar.Referring to the last-minute-effort made by the jail authorities in seeking judicial leave to shift the deceased to hospital, the...

Convict's Refusal To File Appeal Through Legal Aid Must Be Obtained In Writing: Orissa High Court

In order to ensure that no deserving/indigent convicted-prisoner is deprived of availing free legal aid to file appeal against conviction, the Orissa High Court has given an important directive to the District Legal Services Authorities (DLSAs) across the State to obtain his/her (convict's) refusal to grant consent to file Jail Criminal Appeal (JCRLA) in writing.A Division Bench of Justice...

Orissa High Court Asks Why Life Convict's Appeal Filed With 12 Yrs Delay Despite Regular Jail Inspections By District Judge, DLSA

The Orissa High Court has expressed disappointment over the working of Jail and Legal Aid authorities after finding 12 years delay in filing a Jail Criminal Appeal (JCRLA) against a murder conviction recorded by a Sessions Court in the year 2013.A Division Bench of Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra was taken aback by such delay which occurred despite regular...

'Right To Shelter Not A Shield Against Development': Orissa High Court Upholds Acquisition Of Shantipalli Slum For Redevelopment

The Orissa High Court has dismissed a batch of writ petitions filed by Shantipalli slum-dwellers challenging the action of the government in declining to settle the land in their favour in respect of Shantipalli Basti/Slum, situated at Saheed Nagar in the capital city of Bhubaneswar.A Bench of Dr. Justice Sanjeeb Kumar Panigrahi upheld the decision of the State government to acquire the slum...

Orissa High Court Bars Coercive Action Against Tata Steel in ₹2,410 Crore Chrome Ore Dispute

The Orissa High Court on Friday restrained authorities from taking any coercive action against Tata Steel in connection with a Rs 2,410 crore demand over alleged shortfall in dispatch of chrome ore from its Sukinda Chromite Block, granting the company interim protection until the next hearing on December 3. In its November 21 order, the bench of the Chief Justice Harish Tandon and...

'Fatal Defect In Election Petition': Orissa High Court Dismisses Challenge To Union Minister Dharmendra Pradhan's 2024 Lok Sabha Win

The Orissa High Court has dismissed an election petition challenging the election of Union Education Minister Dharmendra Pradhan from Sambalpur Parliamentary Constituency in the Lok Sabha Election held in 2024.A Bench of Justice Sanjay Kumar Mishra found the election petition to be defective as it failed to specify the definite nature of alleged 'corrupt practice' against the BJP leader, nor...

Audit Assessment Under Orissa VAT Act Is Invalid If Audit Visit Report Is Time-Barred: High Court

The Orissa High Court has held that an audit assessment under Section 42 of the OVAT Act (Odisha Value Added Tax Rules, 2005) cannot be initiated when the AVR (Audit Visit Report) is beyond the limitation period. Chief Justice Harish Tandon and Murahari Sri Raman were examining whether the Assessing Authority has jurisdiction to proceed with Audit Assessment under Section 42 of the...

Orissa High Court Denies Bail To Alleged Al-Qaeda Operative Accused Of Recruiting Youths To Terrorist Organizations

The Orissa High Court has recently rejected the bail plea of Md. Abdur Raheman, allegedly linked to the international terrorist organization 'Al Qaeda', who is in custody since 2015 on the accusation of illegally running Madrasas in order to indoctrinate and engage youths in anti-national activities.While denying relief, the Bench of Justice Gourishankar Satapathy found the accusation against...

Govt Can't Withhold NOC For Issuance Of Employee's Passport Merely On Ground Of Pending Disciplinary Proceedings: Orissa High Court

The Orissa High Court has held that the government cannot refuse to grant 'No Objection Certificate' (NOC) for issuance of passport to an employee merely on the ground of pendency of disciplinary proceeding(s), as right to travel abroad is a fundamental right guaranteed under Article 21 of the Constitution.Crystalizing the constitutional protection granted to every citizen against...

Termination Without Compliance Of S. 25-F Amounts To Illegal Retrenchment; Enhanced Compensation Granted As Reinstatement Impossible Due To Superannuation: Orissa HC

A Division bench of the Orissa High Court comprising Justice K.R. Mohapatra and Justice Savitri Ratho held that termination without complying with the conditions under Section 25-F of the Industrial Disputes Act is an illegal retrenchment. Further illegally retrenched workman eligible for enhanced compensation as reinstatement was not possible due to superannuation. Background...