Allahabad Court November 1996 Judgments
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Awadhesh Pandey Vs. Deputy Director of Education, Ivth Region and ors.
Court: Allahabad
Decided on: Nov-15-1996
Reported in: (1997)1UPLBEC51
M. Katju, J.1. This writ petition as well as connected writ petition Nos. 32617 of 1996, and 11221 of 1996 are being disposed of by a common judgment.2. The controversy in these writ petitions as to who is entitled to be ad hoc principal of Sri Annu Rai Intermediate College, Ballia. Admittedly the petitioner was the senior most teacher in the institution and hence in accordance with the judgment of this Court in Radha Raizada v. District Inspector of Schools and Ors., 1994 (3) UPLBEC 1551, he is entitled to work as ad hoc principal. The contention of Sri Abhay Narain Singh was that the petitioner Awadhesh Pandey had declined to be the principal in 1979. However, subsequently when the post of principal again fell vacant on the retirement of the out going principal on 30-6-1995, the petitioner Awadesh Pandey was entitled to be appointed as ad hoc principal. The fact that he had declined the post in 1979 cannot be a good ground for refusing him the post in 1995. In fact this controversy h...
Ashutosh Sharma Vs. Secondary Education Service Commission and ors.
Court: Allahabad
Decided on: Nov-13-1996
Reported in: (1997)1UPLBEC163
M. Katju, J.1. Heard learned counsel for the petitioner.2. The petitioner was appointed on 17-12-1992 as L.T. grade teacher in Manohar Bhushan Inter College, Bareiliy. He is challenging the appointment of respondent Nos. 6 and 7 by the U. P. Secondary Education Service Commission.3. In my opinion, this writ petition is liable to be dismissed on a short ground. It has been held by the Full Bench decision of this Court in Radim Raizada v. D. I. O. S. and Ors., (1994) 3 UPLBEC 1551 that even a short term vacancy has to be advertised in the newspapers. This decision of the Full Bench has been upheld by the Supreme Court and I have held in Surendra Kumar Dixit v. D. I. O. S. Agra and Ors., 1995 ALR (26), 601 that the vacancy should be advertised in two well known news papers having wide circulation.4. By my order dated 16-10-1996 I had granted learned counsel for the petitioner time to file a supplementary affidavit clearly stating in which news papers the vacancy was advertised. Learned co...
Brijesh Kumar Yadav and ors. Vs. Secretary Basic Shiksha Parishad and ...
Court: Allahabad
Decided on: Nov-08-1996
Reported in: (1997)1UPLBEC7
M. Katju, J.1. This writ petition and several connected writ petitions have been filed for quashing the impugned orders dated 26-8-1996 and 31 -8-1996 Annexures 1 and 2 to the petition and for a mandamus restraining the respondents from interfering in the functioning of the petitioners on their post.2. I have heard Lri R. N. Singh for the petitioner in this case and also Sri Ashok Khare and other counsels in the connected cases for the petitioners as well as Sri S. G. Hasnain for the respondents.3. It has been alleged in paragraphs 2 and 4 of the petition that several posts of primary Teachers were advertised by the District Basic Education Officer on 22-7-1995 and 9-10-1995 vide Annexures 1 and 2 to the petition. In pursuance of the first advertisement several candidates including the petitioners applied and were called for interview. The second advertisement was published to enable the B.T.C. correspondence course candidates to apply. Those who applied in pursuance of the first adver...
Dr. Komal Singh Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Nov-08-1996
Reported in: (1997)1UPLBEC45
M. Katju, J.1. Heard Sri V. K. Shukla for the petitioner, Sri P.N. Saxena for the Committee of Management and Sri V. M. Zaidi for the respondent No. 3.2. The petitioner has challenged the impugned order dated 19-10-1996, Annexure 19 to the petition. By this order the District Inspector of Schools attested the signature of Sri Dalveer Singh as officiating Principal of Khalsa Inter College, Noorpur, District Bijnor.3. It appears that the petitioner has been suspended by the Committee of Management by resolution dated 11-10-1996, Annexure 16 to the petition. In my opinion, without going into the validity or otherwise of the suspension order, it will be expedient that the enquiry itfelf should be completed within a reasonable period. Learned counsels for the parties agreed that the enquiry should be conducted by the Deputy Director of Education (Madhyamik), Moradabad. I direct that the parties shall appear before the said authority alongwith certified copy of this order on 2-12-1996 and no...
Registrar, High Court of Judicature at Allahabad and anr. Vs. Shitla P ...
Court: Allahabad
Decided on: Nov-07-1996
Reported in: (1997)1UPLBEC72
R.A. Sharma, J.1. Shri Shitla Prasad Mishra, the sole respondent in this appeal, was engaged as a labourer on daily wage basis in 1982 by the Registry of this Court. It appears that he was involved in a criminal account of which he did not discharge his duties in this Court from 18-12-1990. As the respondent ceased to work from 18-12-1990 the Registrar of this Court by order dated 7-1-1991 disengaged him. After his acquittal in the criminal case he moved an application dated 7-9-1992 before the Registrar for his engagement as daily wager. According to the respondent no order was passed by this Court even though he moved another application in that connection. The respondent ultimately filed a writ petition before this Court, which has been allowed by the learned single Judge holding that the respondent is entitled to be re-instead in service because he was removed from service on account of his involvement in a criminal case. The learned Judge accordingly directed this Court to re-inst...
Abhai Prakash Sharma Vs. Chief Engineer (West), Level-i, Irrigation De ...
Court: Allahabad
Decided on: Nov-07-1996
Reported in: (1997)1UPLBEC77
R.A. Sharma, J.1. On the request of Sri W.H. Khan, learned counsel for the appellant, and Sri Hunuman Upadhyay, learned Standing Counsel, this appeal is disposed of finally.2. The appellant who claims to be Junior Engineer in the Irrigation Department filed Writ Petition No. 24851 of 1996 before this Court challenging the order of his transfer dated 21st July, 1996. This writ petition was disposed of on 8th August, 1996 by a learned Single Judge with the observation As the petitioner has already represented against the impugned order of transfer, it is not necessary to go into the merits of the grounds on which it is challenged. The writ petition is, however, disposed of with the direction to the first respondent to decide the representation dated 26th July, 1996 ,in accordance with law expeditiously, at an early date preferably within a period of three week a certified copy of this order is filed by the petitioner before the said respondent.'3. The respondent, however, rejected the re...
T. Rameshwar and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Nov-07-1996
Reported in: 1997CriLJ2677
R.N. Ray, C.J.1. Being aggrieved by the judgment and order of sentence as passed by learned Additional Sessions Judge, V Court at Farrukhabad in Session Trial No. 3/7/79 which arose from crime No. 118 of police station Kama Ganj, District Farrukhabad dated 18-6-79 appellant (sic) The prosecution case runs as follows:--Complainant Kamta Prasad lodged the F.I.R. on 18-6-79 at about 7.00 a.m. which is marked Ext. Ka-1. According to the informant he was returning from his field at village Ahmadpur Devaria and reached near his Kathal grove when accused Rameshwar, Ram Narain, Ram Das, Rakesh, Radhey and Satish armed with lathis, Kripal armed with pistol, Prahlad armed with a sword and Ram Roop armed with a Kanta surrounded him and told him that he had broken the medh of their field. The complainant told them that he had not done so. An exchange of hot words took between them. Then the accused Rameshwar exhorted to kill him whereupon accused Prahlad gave a sword blow to the complainant. On th...
U.P. State Cement Corporation Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Nov-07-1996
Reported in: 1997LC299(Allahabad); 1998(98)ELT48(All)
ORDERM.C. Agarwal, J.1. By this petition under Article 226 of the Constitution of India the petitioner, U.P. Cement Corporation Ltd., a Corporation of the State of U.P. challenges the order dated 28-2-1990, copy of which is Annexure-3 to the writ petition passed by respondent No. 4 raising a demand of Rs. 3,72,519.90 for the period January, 1986 to November, 1995 under Section 11A of the Central Excises and Salt Act and an order dated 30-12-1993, a copy of which is Annexure-8 to the writ petition, passed by the Customs Excise and Gold (Control) Appellate Tribunal by which it dismissed the petitioners' appeal against the aforementioned order. The petitioner manufactures cement and for the said purposes it has set up plants for manufacture of cement clinker at chuck and Dalla which is then transported to Chunar Plant where the cement is actually manufactured. The demand was raised in respect of the alleged excessive losses of clinker during transport. The petitioner's case is that the lo...
Smt. Bimla Devi and Another Vs. Allahabad Development Authority and Ot ...
Court: Allahabad
Decided on: Nov-06-1996
Reported in: AIR1997All224
ORDERRavi S. Dhavan, J.1. This writ petition is about constitutions made unauthorisedly and the scope of condoning the unauthorised structures by an exercise known as compounding. The issue plainly is on what is the concept, in urban planning, of condoning an unauthorised construction on the payment of a penally and at what stage an unauthorised construction falls within the realm of an illegal act, the condonation of which the law does not permit under any circusmstances.2. The facts on record in this case are:In Allahabad, the north sector of it, at the crossing of Beli Road and Batuk Krishna Banerjee Road, is a property which originally was owccd by Lt. General D.W. Chakrovorti. It was pur-chased subsequently by the late Kedar Nath Tiwari, who became its owner. The municipal number of the property is 2-A, Beli Road. Kedar Nath Tiwari died leaving the proeprty in the hands, of his heirs, namely, Smt. Bimala Devi, his widow and Shri Nirmal Chandra Tiwari, his son. During the pendency ...
Kameshwar Prasad Vs. Municiple Board and ors.
Court: Allahabad
Decided on: Nov-06-1996
Reported in: (1997)1UPLBEC10
A.B. Srivastava, J.1. The petitioners in this bunch of writ petitions have impugned the order of Collector, Dehradun in his capacity as the Administrator of the Municipal Board, Mussoorie, cancelling the allotment and sale of flats, six in number, constructed under the Middle Income Group Housing scheme of the Central Government, in the area called Mount Rose, Camel Back Road, Mussoorie, in the district of Dehradun. The cause and questions being common, all these petitions have been heard together and are being disposed of by a common-judgment.2 In order to make provision of housing for the people of the Middle income Group in the hill region of Mussoorie, two blocks of six houses each, were constructed from the loan advanced under the Middle Income Group Housing Scheme of the Government of India, by the Nagar Palika, Mussoorie. The conditions upon which the loan was sanctioned, interalie provided that these houses will be constructed in accordance with the lay out plan prepared by the...
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