Allahabad Court November 1997 Judgments
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Mafooz HussaIn Khan Vs. State of U.P. (Administrative Reforms Departme ...
Court: Allahabad
Decided on: Nov-06-1997
Reported in: (1998)1UPLBEC168
Aloke Chakrabarti, J.1. Admitted facts in the present case are that the petitioner was appointed as routine grade clerk on 10.8.1970 by the U.P. State Electricity Board and was promoted to the post of Junior Noter and Drafter and thereafter to the post of Senior Noter and Drafter on 30.12.1985. The Public Service Commission, U.P. issued an advertisement in year 1986 for a appointment of seven Inspectors of offices in the Administrative Reforms Department alongwith the other posts. The advertisement provided that the candidates must be permanent Government servant with atleast 15 years continuous service. The petitioner claiming himself to be duly qualified for such appointment, made application and was selected and was issued appointment letter dated 13.9.1988. The petitioner made some representations seeking certain clarifications as regards the counting of period of service under the said Electricity Board while considering the benefits in respect of new employment. By order dated 3....
Ram Ratan Pathak Vs. District Basic Education Officer and ors.
Court: Allahabad
Decided on: Nov-06-1997
Reported in: (1998)1UPLBEC235
Aloke Chakrabarti, J.1. Seeking remedy of putting signature on the attendance register and payment of appears and current salary this writ petition was filed. Contentions made in the writ petition are that the petitioner was appointed as a clerk on 15.7.1982 in Sri Nand Ram Gupta, Junior High School, Rirua, Tahsil Oral, district Jalaun by the Committee of Management and his appointment was approved by the Basic Education Officer by order dated 10.1.1985. As the petitioner was being harassed and was not being allowed to put signature on the attendance register he made representations. As at the time of initial appointment under pressure the petitioner was made to give an undated resignation letter, the petitioner apprehending the misuse of the said resignation letter sent a registered letter dated 26.6.1991 to the respondent No. 1 District Basic Education Officer. On the basis of the said representation the respondent No. 1 directed the District Inspector of Girls Schools for conducting...
Harbir Singh Vs. State of U.P. and Another
Court: Allahabad
Decided on: Nov-05-1997
Reported in: 1998(1)AWC386; (1998)1UPLBEC454
D.K. Seth, J.1. By an order dated 24th October, 1997, the petitioner has been suspended on the alleged ground that the inquiry is contemplated against him. This order has, been assailed by Sri Uma Kant, learned counsel for the petitioner, on the ground that by reason of Regulation 496 of U. P. Police Regulations, no order of suspension can be issued unless departmental inquiry or judicial inquiry has started. According to him, there is nothing in the regulation to empower the competent authority to issue an order of suspension only in contemplation of the enquiry. Therefore, the order of suspension is void and without jurisdiction. His second contention is that even in the impugned order of suspension, it was mentioned that copies were being sent to one Sri Narain Singh, Circle Officer, for sending the enquiry report within seven days, upon receipt of the said copy of the order of suspension. Therefore, according to Sri Uma Kant, learned counsel for the petitioner, preliminary inquiry ...
Kaley Khan and Another Vs. Board of Revenue and Others
Court: Allahabad
Decided on: Nov-05-1997
Reported in: 1998(3)AWC2321
B. Dikshit, J.1. By this petition, the petitioners have challenged an order passed by Board of Revenue whereby it held that revision against an order allowing restoration is not maintainable.2. The relevant facts are that petitioners Kaley Khan and Sher Ali moved for mutation on the basis of a will. The Tehsildar allowed mutation. An application for restoration was moved by Muzammil Khan, husband of opposite party Smt. Illiyasi and father of opposite party Km. Tamanna, which was rejected by Tehsildar Mawana, district Meerut and case was restored. A revision under Section 218 of U. P. Land Revenue Act was preferred by Kaley Khan and Sher Ali against order passed in appeal. The Additional Commissioner (Judicial) Meerut Division, on being satisfied, recommended to Board of Revenue, U. P., Lucknow, for allowing revision and setting aside of order of Sub-Divisional Officer, Mawana but the Board of Revenue, U. P., Lucknow, rejected the reference on the ground that no revision is maintainable...
Commissioner of Income Tax Vs. Ashok Auto Services
Court: Allahabad
Decided on: Nov-05-1997
Reported in: (2000)163CTR(All)381
ORDERBy the CourtAt the instance of the revenue, the Tribunal referred the following question for the assessment year 1976-77 for the opinion of this court under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') :'Whether, on the facts and in the circumstances of the case there should have been two separate assessments for the two periods in question, as claimed by the assessee, or one consolidated assessment for both the periods, as framed by the Income Tax Officer ?'2. An affidavit of service was filed by the standing counsel which shows that that assessee was sufficiently served. None has put in appearance on behalf of the assessee and we have, therefore, heard only the standing counsel.3. The facts, as found by the Tribunal, are that vide deed dated 15-4-1975, the assessee-firm was constituted in the name and style M/s Ashok Auto Service. It consisted of six partners. On 14-1-1976 (wrongly stated as 20-1-1976 in the Tribunal's order), a dissolution d...
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