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2001 Supreme(SC) 935

G.B.PATTANAIK, UMESH C.BANERJEE
NOTIFIED AREA COUNCIL THROUGH EXECUTIVE OFFICER – Appellant
Versus
BISHNU C. BHOI – Respondent


( 1 ) THESE two appeals by the Notified Area Council are directed against the judgment and order of the Orissa High Court dated 8-8-1997. By the impugned order the High Court has directed the State Government to pay the contractual amount to 34 employees of the Notified Area Council in the octroi Department and has further directed to sanction the posts and thereafter consider the question of regularisation. It transpires from the impugned judgment that the Notified Area Council though filed a counter-affidavit but indicated therein that there are no records available with them. The Court therefore called upon the State Counsel to produce the records and on production of the same, it perused the records and ultimately passed the orders in question.

( 2 ) THOUGH the Court had the opportunity of going through the records produced by the State Government but it has not noticed the manner in which these respondents were appointed by the Notified Area Council. It transpires that the affairs of the Notified Area Council were inspected by an officer of the State Government and that officer submitted a report on 29-11-1995. That report itself indicates how irregular and illegal the entire


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