JUSTICE S K RAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant was Chief Justice of the Orissa High Court and retired on 5-11-1980. He was appointed as Lokpal on 17-8-1989 under Section 3 of the Orissa Lokpal and Lokayukta Act, 1970 (hereinafter referred to as the Act). Prior to his appointment as Lokpal, he had also functioned as the Chairman of the Commission of Enquiry into certain disputes involving the States of Tamil Nadu, Kerala and some of their Ministers. Pursuant to the repeal of the Act by the Orissa Lokpal and Lokayuktas (Repeal) Ordinance, 1992, which came into effect on 16-7-1992, he ceased to hold the office of Lokpal. The said Ordinance was subsequently replaced by the Orissa Lokpal and Lokayuktas (Repeal) Act, 1995.

(2.) The appellant filed a writ petition before the High Court contending that he had incurred certain liabilities in ceasing to hold the office being ineligible for further employment under the State Government or for any other employment under an office in any such local authority, Corporation, Government Company or Society registered under the Societies Registration Act, 1860, which is subject to the control of the State Government and which is notified by the Government in that behalf. He claimed for-

(3.) Shri Raj Kumar Mehta, learned Counsel appearing for the appellant, submitted that the view taken by the High Court insofar as refund of the amount of pension deducted from the salary of the appellant for the period from 17-8-1989 to 16-7-1992 as well as payment of encashment of value of unutilised leave accrued to him during the said period is in order and that part of the order is not in challenge. The State also has not filed any appeal in respect of that part of the order.