Orissa High Court
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...
20 Important Judgments Of Orissa High Court-2025
S. 175(3) BNSS | Mandatory For Magistrate To Hear Police Officer On Refusal To Register FIR Before Passing Order For Investigation: Orissa HCCase Title: Swarnalata Jena v. State of Odisha & Ors.Citation: 2025 LiveLaw (Ori) 19The Bench of Justice Gourishankar Satapathy held that before passing order for investigation, it is mandatory for the Magistrate to hear the submissions of the...
Forced Marriage Not Conducive To Healthy Society: Orissa HC Allows Woman To Live Away From Her Parents & Husband, Grants Police Protection
The Orissa High Court has allowed a girl, who was forced into a marriage by her parents against her will, to live independently away from her husband as well as parents. The Court went a step ahead in directing the police to ensure the safety and security of the girl.Taking a cue from this case, the Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman asked the State...
Writ Petition Can't Be Entertained Seeking Deletion Of Deceased's Name From Record Of Rights, Tahasildar Enquiry Needed: Orissa High Court
The Orissa High Court has held that a writ petition seeking deletion of deceased person's name from Record of Rights (RoR) cannot be entertained as an enquiry by the jurisdictional Tahasildar is a necessary precondition before replacing a deceased person with his legal representatives.Clarifying the jurisdictional issue, the Bench of Justice Ananda Chandra Behera held –“It is the...
Non-Registration Of Valid Adoption No Ground To Deny Compassionate Appointment To Adopted Son: Orissa High Court
The Orissa High Court has recently ruled that non-registration of an adoption deed before the death of adoptive father cannot be taken as a ground to deny the benefit of compassionate appointment to adoptive son, if the essential requirements of a valid adoption are otherwise complied with.Providing relief to the adoptive son of an ex-railway employee, the Division Bench of Justice Dixit...
Orissa High Court Refuses Bail To Accused In 2024 Spurious Liquor Tragedy That Claimed Five Lives
The Orissa High Court has denied bail to five persons accused of selling spurious liquor, allegedly containing ammonium nitrate and ammonium sulphate, which caused death of five persons apart from causing illness of dozen others in K. Nuagaon area of Ganjam district in August 2024.Denying any relief at this stage, the Bench of Justice Gourishankar Satapathy observed –“What is relevant at...