MD DAWOOD SHARIFF Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS petition assails the appointment of Justice S.K. Ray (O.P. 2) as Lokpal, Orissa on the ground that the same was illegal as well as mala fide.

(2.) THE short facts which, need be noted are that before Justice Ray had been appointed as Lokpal, Justice B. K. Patra was so working till his demise in the year 1986. Justice Ray after holding the post of Chief Justice of this Court had retired on superannuation in the year 1980. After the demise of Justice Patra, the post of Lokpal remained vacant till the same was filled up by the appointment of Justice Rayjon 5 -8 -1989 which post he joined on 17 -8 -1989.

(3.) 3In support of the submission, Shri Panda has first referred to the difference made out between 'has been'' and 'was' at page 35 of Geoffrey N. Leach s 'Meaning and the English Verb' (1975). In para 61 of the aforesaid page dealing with 'continuation up to present time', the learned author has illustrated the use of the aforesaid words by -stating as below: