High court of Orissa.
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Bhubaneswar (Orissa): In a significant decission, Orissa High Court on Monday rejected a petition of Utkal Christian Council that sought to change judge heading the one man judicial panel to probe communal violence in Kandhamal district.
The division bench comprising chief Justice Balbir Singh Chauhan and justice BN Mohapatra dismissed the petition filed by the Council Nov 7.
Orissa Government appointed SC Mohapatra, a retired judge of the Orissa High Court September 2 to the one-man judicial commission that will probe the killing of a Hindu leader Aug 23 and the communal violence that followed.
The council, represented through its secretary Jyotsna Rani Patro, filed a written application in the Orissa High court describing the appointment of Mohapatra as illegal.
The council in its petition had said that 'Mohapatra, a former Lok Pal (vigilance body member), cannot be appointed to head the commission because he is not eligible as per law. 'As per section 5 of the Lokpal Act, on ceasing to hold office the Lokpal or Lokayukta shall be ineligible for further employment under the state government,' the council had said.
"The court dismissed the plea. The court said that the commission of inquiry is not a government service so as to come within the purview of the word 'employment' and upheld the appointment,"
