Itishree Mohanty vs State of Odisha(Vigilance)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Itishree Mohanty – Appellant
Versus
State of Odisha(Vigilance) – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr.L. Pangari, Sr.Advocate
For the Opp.Parties : Mr.N. Moharana Standing Counsel (Vigilance)

Table of Content
1. overview of the case and factual background. (Para 1 , 2)
2. arguments regarding maintainability and prior applications. (Para 3 , 4 , 5)
3. court's analysis on maintainability and reference to previous rulings. (Para 6 , 9 , 11)
4. discussion on the validity of sanction for prosecution. (Para 8 , 10 , 12)
5. conclusion on the invalidity of prosecution sanction. (Para 13 , 14 , 15)
6. final order quashing previous cognizance. (Para 16)

JUDGMENT :

In the present application, the Petitioner questions the correctness of order dated 6th August, 2012 passed by learned Special Judge (Vig), Cuttack in T.R. No.40/2012 (VGR Case No.46/2009) whereby cognizance was taken of the offence under Section 13 (2) read with (1)(d) of the P.C. Act, 1988 and Sections 420 /468/477-A read with Section 120-B of I.P.C.

The Petitioner joined as a Lecturer in Economics (4th Post) in Adikabi Saraladas College, Tirtol in the district of Jagatsinghpur on 1st September, 1993 after facing an interview. The Odisha Aided Educational Institutions (Appointment of Lecturers Validation) Act, 1988 was enacted to validate the appointment of Lecturers appointed between 1^st January, 1985 to 31^st December,1992.

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IN THE HIGH COURT OF ORISSA AT CUTTACKSASHIKANTA MISHRAItishree Mohanty – AppellantVersusState of Odisha(Vigilance) – Respondent

Cases Referred (6)

IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Itishree Mohanty – Appellant
Versus
State of Odisha(Vigilance) – Respondent