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The Court said that even if the Departmental Proceeding was initiated prior to the superannuation of the delinquent employee, the same cannot be continued unless specifically provided under the Service Rules.
The Court held that while exercising the parens patriae jurisdiction for issuance of the writ of habeas corpus, the objections relating to territorial jurisdiction cannot have serious impact.
The Court noted that a review Departmental Proceedings Committee was held to consider the case of the petitioner for promotion and the decision was kept in sealed covers, pending disposal of Disciplinary Proceedings.
A quick legal roundup to cover important stories from all High Courts this week.
The Court said that there was scope for promotion to the post of Junior Clerk by virtue of the Odisha Ministerial Service (Method of Recruitment to the Posts of Junior Clerks in the District Offices) Amendment Rules, 2001.
The Court directed the State authorities to implement the recommendations made by the Shetty Commission within the period of three months.
The officers on duty cannot be subjected to undue harassment in the hands of unscrupulous litigants, to prevent malicious prosecution provisions such as Section 168 of the Electricity Act, 2003, are put in place.
The Court said that the Damocles sword has been hanging over the petitioners for the past six years, who await for the trial to commence.
Orissa High Court said that a criminal trial is not an IPL T20 match where every ‘substitute player’ can be an ‘impact player’, engaging a new State Defence Council without providing him police papers is gross illegality.
Supreme Court said that the Home Guards shall be entitled to the periodical rise which may be available to the Police personnel of the State and the DCA to be paid to the Home Guards be periodically increased taking into consideration the minimum of the pay to which the Police personnel of the State are entitled considering periodical increase from time to time.
Orissa High Court said that the legal possibilities of being forgotten On-line and Off-line, cries for widespread debate. It is also an undeniable fact that the implementation of the right to be forgotten is a thorny issue in terms of practicality and technological nuances.
Supreme Court said that even if development of Khadi and Cottage Industry is a Directive Principle of State Policy, it does not follow as a corollary that if the State establishes a Board or any organisation to carry out the obligations under such DPSP, it cannot make separate arrangements as regards the service conditions of the employees of such a Board or organisation.
Since the Odisha Lokayukta was not given any opportunity of being heard when the Division Bench of Orissa High Court set aside the inquiry order, the Supreme Court held the same as a manifest error in violation of the principles of natural justice.
Former Judge of Uttaranchal High Court, Justice Sanjaya Kumar Mishra was recently elevated as the Chief Justice of the Jharkhand High Court. At his swearing-in ceremony, Justice Mishra stated that his priority will be to impart justice to the poor and downtrodden while expediting old cases.
Justice Jaswant Singh who was appointed as the 7th Chief Justice of Tripura High Court, has had an extensive legal career spanning 30+ years and has an avid interest in sports like lawn tennis, cricket and golf.
The Supreme Court Collegium in its meeting held on 28th September, 2022 has recommended elevation of Judges as Chief Justices of the
Orissa High Court: In an appeal filed challenging the Trial court ruling, convicting the accused under Section 302 of Penal
Orissa High Court: In a case where a father (‘petitioner') is seeking compensation on the death of his seven-year-old daughter,