TMI Blog2003 (1) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 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. The appellant field a writ petition before the High Court contending that he had incurred certain liabilities in ceasing to hold the office being ineligible 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 no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has to be considered in this case is whether the appellant is entitled to any compensation for loss of salary for the remainder period of his tenure as Lokpal which stood curtailed by reason of the later enactment. The appellant was appointed as Lokpal in terms of Section 5 of the Act, The said section provides that every person appointed as the Lokpal shall hold office for a term of five years from the date on which he enters upon his office but shall not be eligible for reappointment. The proviso to Section 5 enables the Lokpal to resign his office or he may be removed from office in the manner specified in Section 6. Sub-section (3) of Section 5 makes it clear that on ceasing to hold office, the Lokpal shall be ineligible for furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (2) On such repeal, no investigation, proceeding or remedy in relation to any right, privilege, obligation, liability, penalty, forfeiture or punishment pending under the Act so repealed shall be continued or enforced. (3) Save as otherwise provided in sub-section (2) the provisions of Section 5 of the Orissa General Clauses Act, 1937 shaft apply to such repeal. Under the Orissa General Clauses Act, 1937, the effect of repeal is considered and is to the following effect: Section 5. Effect of repeal-Where any Orissa Act repeals any enactment hitherto made, or hereafter to be made, then, unless a different intention appears, the repeal shall not: (a) xxx xxx xxx (b) xxx ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is to be looked at in a case of this nature is that even after ceasing to hold the office of Lokpal whether strings are attached to him by reason of his holding the office earlier and thus he has incurred any disqualification not to hold any office in terms of Section 5(3) of the Act. That means there is a disability attached to him for all time to come thereafter. We specifically asked the learned counsel appearing for the respondents as to whether the said disability would disappear on the repealing of the enactment and, of course, he submitted that it would not. If that is the reasonable approach, then the appellant is put to a disadvantage by reason of holding the office of Lokpal, which was put to an end abruptly by repealing enactmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to him. The later view, if taken, would lead to incongruous results because the incumbent in office of the Lokpal, having functioned as such at least for some time, would have dealt with many matters and, therefore, to maintain the purity of that office, the restrictions imposed under the Act should be maintained. The only other reasonable way, therefore, is to interpret the provisions to the effect that even when such restrictions continue to be operative on abolition of the office the incumbent in office should be reasonably compensated not for deprivation of the office but for attachment of the restrictions thereafter. The learned counsel for respondent contended that loss of employment in such a situation is only a contingency of ser ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
