Date:11/11/2008 URL: http://www.thehindu.com/2008/11/11/stories/2008111153530300.htm
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Other States - Orissa

Aappointment of judge challenged

Correspondent

CUTTACK: The High Court on Wednesday would adjudicate over the petition filed by Utkal Christian Council challenging the appointment of former Lok Pal Justice (retd) S.C. Mohapatra, who is heading the Kandhamal Commission of Enquiry.

Although, the matter was listed for hearing on Monday by the bench of Chief Justice B. S. Chauhan and Justice B. N. Mohapatra, it was adjourned to Wednesday when the State government counsel sought for some time.

Violation

Jyotshna Rani Patra, a member of the Council in her petition has opposed the appointment of Justice Mohapatra saying the former Lok Pal is ineligible to head the probe panel.

“Section 5(3) of Orissa Lok Pal and Lokayuktas Act-1995 debars a former Lok Pal to hold any further employment under the State government”, the petition said adding that Justice Mohapatra’s appointment has been made with a malafide intention to defeat the purpose of the probe.

The petitioner has also pointed out that the appointment of the former Lok Pal to head the Commission of Enquiry also violates some provisions of Commission of Enquiry Act-1952.

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