TaxTMI 
TaxTMI 
2003 (1) TMI 697
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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. 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 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....appeal in respect of that part of the order. Thus the sole question that 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... "Section 2(1) The Orissa Lokpal and Lokayukta Act, 1978 is hereby repealed. (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in relation to any right, privilege, obligation, liability, penalty, forfeiture or punishment pending under the Act so repealed shall be continued or enforced.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,....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ppointed, he cannot hold any office of trust or profit or he shall not be a member of the legislature, central or state, or any other position, which may come in conflict with the office of Lokpal. Having deprived himself of holding any other office or position which may come in conflict with the office of Lokpal, he cannot also hold any office even after he ceases to hold the office of the Lokpal to which we have already adverted. Hence, what 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nt of the tenure of the office of the appellant, One is that the appellant having held the office at least for some time is subject to all the restrictions arising under the provisions of the Act, including those which debar him from holding any office on his ceasing to be Lokpal. The other point of view be that on the abolition of the post the restrictions as to holding of office on the appellant ceasing to be the Lokpal will not be attached 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....