Allahabad Court February 1998 Judgments
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Kedia Castle Dallion Industries Ltd. and Another Vs. State of U. P. an ...
Court: Allahabad
Decided on: Feb-04-1998
Reported in: 1998(2)AWC867
Palok Basu and D.K. Seth, JJ.1. These two writ petitions raise common questions and, therefore, when they were entertained on 24.11.1997, counter-affidavits were called from the respondents and in the meantime it was directed by the said interim order that the molasses in stock which was subject-matter of the petitioners, contract shall be maintained intact as it is, until further orders of this Court.2. On behalf of the petitioners Sri S. P. Gupta assisted by Sri K. D. Mishra has been heard at considerable length in support of these two writ petitions.3. Sri Ashok Mehta has been heard on behalf of opposite parry Nos. 1, 2 and 4 whereas Sri R. D. Khare has been heard on behalf of O. P. No. 3. Le., U. P, State Sugar Corporation Ltd. Likewise in the Petition No. 39629 of 1997, Sri A. K. Mishra has been heard on behalf of opposite party No. 3 which is U. P. Sahakari Chini Mill Sangh Ltd. Counter-affidavit as well as Supplementary counter-affidavit has been filed by the respondents to whic...
Khan Asif Abdulla Vs. Indian Oil Corporation Ltd., Bombay and Others
Court: Allahabad
Decided on: Feb-04-1998
Reported in: 1998(2)AWC887; [1998(79)FLR117]; (1998)2UPLBEC1193
O.P. Garg, J.1. While working as Senior Assistant in Terminal Office. Marketing Division of Indian Oil Corporation, at Allahabad, the petitioner Khan Asif Abdulla (P. F, 18654) claimed reimbursement of his expenses to the tune of Rs. 60.846, on the basis of forged bills on Form P. A. 21, and thereby committed alleged acts of fraud, forgery and dishonesty in connection with the Corporation's business, or. property. After preliminary vigilance enquiry, the petitioner was placed under suspension and a charge-sheet dated 25.5.1992, Annexure-1 to the writ petition, was served upon him. A committee of enquiry consisting of two members was constituted. Enquiry report was submitted by the Committee on 4.10,1993 holding that the charge against the petitioner stands proved. The disciplinary authority, namely, Deputy General Manager (O) issued a notice dated 20.10.1993 (Annexure-27 to the writ petition) to show cause as towhy the petitioner should not be dismissed from service. The petitioner sub...
Kaushal Kumar Yadav Vs. Director General of Police, Lucknow and Others
Court: Allahabad
Decided on: Feb-04-1998
Reported in: 1998(2)AWC1127; (1998)2UPLBEC1479
O.P. Garg, J. 1. In order to boost the morale of the police personnel and to give incentive to the bravery and exemplary courage, enthusiasm and gallantry of the police officers who have risked their lives in devotion to their duty, the State Government in Home Department has issued Order No. 665 (1) Chha Pu-1-24/9.3, dated 3.2.1994 for out of turn promotion to such Constables. Sub-In specters and Platoon Commanders employed in the police force who have shown irrepressible fervour and courage during the performance of their duties.2. The petitioner Kaushal Kumar Yadav who joined the police force as Sub-Inspector in the year 1984 has been recognised to be an officer who is brave, courageous and highly committed to his duties. He had been awarded 'Prashasti Patra and certificates for his excellent performance and devotion to duty by the D.I.G., Agra Zone and the Superintendent of Police. Allgarh. In the year 1994, Sri Yadav came to be posted as Station Officer, Theriyawni in district Fat...
Lnk Dhan Bahadur Roka Vs. Union of India and Others
Court: Allahabad
Decided on: Feb-03-1998
Reported in: 1998(2)AWC1080
Aloke Chakrabarti, J.1. The petitioner, a rifleman in the Unit 2/3 Gorkha Rifles under the respondents was discharged from Army service by a discharge certificate dated 10-1-1990 (Annexure-4 to the writ petition) and challenging the same, the petitioner filed the present writ petition seeking consequential reliefs also.2. Admittedly, the ground of discharge is contracting plural marriage without divorcing the first wife contrary to instructions contained in paragraph 333 of the Regulations.3. Facts are not disputed in the present proceeding. The contention of the petitioner is that though he admittedly contracted plural marriage, the petitioner is not liable to be discharged as petitioner belonging to Gorkha community and having Nepalese domicile, is entitled to exemption in respect of bar of contracting plural marriage. In support of such contention Mr. H. N. Singh, learned counsel for the petitioner relied on the language of the said Regulation 333 claiming that the petitioner enjoye...
Junior Warrant Officer, H.K. Pandey, Basic Flying Training School, Bam ...
Court: Allahabad
Decided on: Feb-03-1998
Reported in: 1998(2)AWC1132; (1998)2UPLBEC1477
Aloke Chakrabarti, J. 1. Praying for writ of certiorari to quash the discharge order dated 23.10.1990, the petitioner came to this Court.2. The facts alleged in the writ petition are that from time to time, penalties have been imposed on the petitioner while he was serving in Indian Air Force and in view of the said penalties imposed, the present discharge order was passed. It has been alleged that the same suffers from irregularity having amounted to double punishment as also having not been followed prescribed procedure and the principles of natural justice. Moreover, it has been contended that the offences for which penalty is imposed before promotion are to be treated as washed out and could not be a ground of discharge. Reference has been made to the details of the punishment as disclosed in the writ petition for showing that the offence alleged therein were not major misconduct.3. The respondents filed counter-affidavit and contended that the impugned order was passed under a pol...
Mahipal Singh and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Feb-03-1998
Reported in: 1998(3)AWC1744; (1998)2UPLBEC1471
Aloke Chakrabarti, J.1. The prayers made in the writ petition are for quashing the order dated 27.8.1991 at Annexure No. 5 to the writ petition passed by the respondent No. 3 cancelling the selection of the petitioners for the post of Tube-well Mis tries and for Issuance of mandamus commanding the respondents to appoint the petitioners against the existing vacancies of tube-well mlstrtes in the Tube-well Circle, Agra for which they were selected.2. The facts stated in the writ petition are that the petitioners alongwith other candidates appeared in the test on 5.4.1991 for selection in respect of the post of tube-well mlstrles in Irrigation branch of public works department of Uttar Pradesh. All the three petitioners were found eligible and their names were included in the select list dated 19.7.1991 showing the names of the petitioners at Serial Nos. 2, 3 and 4 therein. The said list was sent for approval on 22.7.1991 and thereafter by office memorandum dated 27.8.1991, the respondent...
State of U.P. and Others Vs. Arun Kumar Singh Alias Arun Pratap Singh
Court: Allahabad
Decided on: Feb-02-1998
Reported in: 1998(3)AWC1933
S.C. Verma, J.1. The respondent Arun Kumar Singh alias Arun Pratap Singh. had approached this Court under Article 226 of the Constitution in Writ Petition No. 7810 of 1990 with the prayer to quash the order of termination dated 23.7.90 and for direction to the opposite parties to consider the case of the petitioner for regularisatlon. The respondent was a Diploma Holder in Civil Engineering and was given appointment on dally wages with the establishment of District Rural Development Agency. The District Magistrate, being the Ex-Official Chairman of the District Rural Development Agency and Additional District Magistrate, Project being the Secretary intimated by the impugned order dated 23.7.90 that the services of the petitioner were not required as regular incumbents have been appointed. The writ petition was allowed and it was held that the establishment of District Rural Development Agency. Sultanpur is an industry within the definition of Industry as defined under the U. P. Industr...
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