Allahabad Court August 1998 Judgments
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Rakesh Kumar Vs. Senior Superintendent of Police, Saharanpur and Other ...
Court: Allahabad
Decided on: Aug-18-1998
Reported in: 1999(1)AWC313
D.K. Seth, J. 1. The petitioner was appointed as a police Constable on 1.1.1987. According to him, after completion of the probation period, the petitioner continued to serve in the Department until his services were terminated by an order dated 12.7.1993, namely, almost after six and a half years. The said order of termination dated 12.7.1993 indicates that service of the petitioner was terminated under the U. P. Temporary Government Employees (Termination of Service) Rules, 1975 on the ground that the petitioner's service was no more required. This order has since been challenged in this writ petition.2. Mr. Rakesh Pandey, learned counsel for the petitioner contends that under Regulation 541, the period of probation is fixed at two years for constables other than posted directly in the Criminal Investigation Department or transferred to the Mounted Police as contained in clauses (a) and (b) of clause (1) thereof. The petitioner does not fall in any of these two categories as such acc...
Murli Manohar Shukla Vs. Member Secretary, District Administrative Com ...
Court: Allahabad
Decided on: Aug-18-1998
Reported in: 1999(1)AWC331
D.S. Sinha and Bhagwan Din,JJ.1. Heard Sri K. D. Tripathi, learned counsel appearing for the petitioner.2. The petitioner is an employee of the U. P. Primary Agriculture Co-operative Credit Society. He is alleged to be involved in certain serious financial irregularities mentioned in the order of suspension dated 20th May. 1993, a copy whereof is Annexure-4 to the petition. This order is under challenge in this petition.3. A perusal of the impugned order reveals that for the alleged serious financial irregularities, an enquiry is proposed to be held against the petitioner and for the said purpose, the petitioner has been placed under suspension. The impugned order also purports to appoint an Enquiry Officer requiring him to submit a report within specified period.4. In substance, the contention of the learned counsel of the petitioner is that the charges of alleged financial irregularities mentioned in the impugned order are not correct. Therefore, the impugned order is liable to be qu...
Harish Kasna Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-18-1998
Reported in: 1999(1)AWC337; 1999CriLJ1875
D.P. Mohapatra, C.J.1. Harish Kasna, who has been detained under Section 3(2) of the National Security Act. 1980 (hereinafter referred to as 'the Act') in pursuance of the order dated 6.10.1997 (Armexure-1) passed by the District Magistrate. Agra. respondent No. 4, has filed this petition under Article 226 of the Constitution of India praying for issue of a writ of habeas corpus quashing the detention order and a direction for his release from detention forthwith.2. From the order of detention (Annexure-1) and the grounds annexed to it (Annexure-2). communicated to the petitioner under Section 8 of the Act, it appears that the detaining authority on arriving at a subjective satisfaction that thepetitioner's detention under Section 3(2) of the Act is necessary to prevent him from acting in any manner prejudicial to the maintenance of public order directed his detention. In the grounds, it is stated, inter alia, that on 31.8.1997 Sri Ram Swarup Mittal aged 67 years, a resident of 45 Defe...
Smt. Mahesha Devi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-18-1998
Reported in: 1999(1)AWC592
S.H.A. Raza, J.1. In an earlierproceeding, the petitioner has filed objection under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) against a notice served upon her on 25.11.1974. In that objection, the objector alleged the sale of about 35 acres of land out of the entire land of which she was the tenure holder. She prayed fpr discharge of the notice.2. Two issues were framed by the Prescribed Authority ; firstly, as to whether the objector had executed a sale deed of 35 acres in 1967 out of her holding as alleged, and secondly, to what relief the objector was entitled.3. According to the petitioner she transferred 12.41 acres of land in favour of Vijai Kumar son of Sri Ambika Prasad Misra, 12.21 acres in favour of Ajai Kumar son of SriAmbika Prasad Misra and 11.73 acres land in favour of Arun Kumar son of Lalta Prasad Misra. As those sale deeds were prior to the relevant cut of date, i.e., 24.1.1971, the Prescribed Auth...
District Co-operative Federation Ltd., Mathura Vs. Deputy Registrar, C ...
Court: Allahabad
Decided on: Aug-18-1998
Reported in: 1998(3)AWC1827
R.K. Mahajan, J.1. This is a writ petition moved by District Co-operative Federation Limited seeking direction in the nature of certiorari quashing theorder dated 8.6.1984 communicated on 31.1.1987 (Annexure No. 1 to the writ petition) and the award dated 29.9.198! passed by the respondent No. 1 (Annexure-2 to the writ petition). A prayer has been further made not to give effect to the impugned award by issuing a writ of mandamus. It may be mentioned at the outset that the respondent No. 3 who was employed as Manager in a Cold Storage under the control of the petitioner on 5.4.1978 was terminated later on as post of Manager-cum-Engineer was created by circular dated 29.1.1987 after amalgamating the post of Manager with the Engineer. It may be mentioned that Shri P. N. Shukla was appointed on purely temporary basis. Later on he was terminated on the basis of resolution of Committee of Management dated 23.2.1979. It appears that the matter of termination was submitted on a reference made...
Ashika Prasad Shukla Vs. District Inspector of Schools, Allahabad and ...
Court: Allahabad
Decided on: Aug-18-1998
Reported in: 1998(3)AWC2150; (1998)3UPLBEC1722
S.R. Singh, J.1. The appellant herein was appointed Assistant Teacher (L. T. Grade) in Krishak Inter College, Kasauta. district Allahabad (in short 'the College') vide appointment letter dated 5.8.1992 pursuant to which he allegedly joined his duties on 6.8.1992. The writ petition giving rise to this appeal was filed for Issue of a writ, order or direction in the nature of mandamus commanding the respondents to pay him salary with effect from the date he was appointed. The learned single Judge dismissed the writ petition vide judgment and order under challenge herein, holding that the appointment was made without following the procedure prescribed under the U. P. Secondary Education Services Commission (Removal of Difficulties) Order, 1981 (in short the 'First Removal of Difficulties Order) ; there was nothing on the record to serve as a pointer to the fact that prior approval of the District Inspector of Schools was accorded before issuing the letter of appointment and. the appointmen...
Sulkhan Singh and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-18-1998
Reported in: 1998(4)AWC263
S.H.A. Raza, J.1. Notice under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 was issued to the tenure-holder Sri FaujaSingh. Notice was served on Fauja Singh and he filed an objection before the Prescribed Authority. Fauja Singh left for his heavenly abode in the month of August, 1975. The petitioner Nos. 1 to 6 are the sons of late Sri Fauja Singh while the petitioner No. 7 is the grandson of late Sri Fauja Singh.2. The main contention of the petitioners before the Prescribed Authority was that after the death of Sri Fauja Singh, the land devolved upon them and they became independent tenure-holder and the land held by them separately and independently should have been taken into account by the ceiling authorities and the land of which late Sri Fauja Singh, the tenure-holder should not have been clubbed together to determine as to whether late Sri Fauja Singh held the land in excess of ceiling area applicable to him, because after the death of late Sri F...
In Re: Tannery and Footwear Corporation of India Limited
Court: Allahabad
Decided on: Aug-18-1998
Reported in: [2003]115CompCas332(All)
A.K. Banerji, J.1. The Board for Industrial and Financial Reconstruction (BIFR in short) had vide its order dated February 14, 1995, recommended the winding up of the company Tannery and Footwear Corporation of India Limited ('TAFCO' in short) under Section 20 of the Sick Industrial Companies (Special Provisions) Act, 1985 ('SICA' in short), and forwarded the aforesaid opinion to this court for action in accordance with law. The said opinion has been registered in this court as Miscellaneous Company Application No. 4 of 1995. Before the matter could proceed however appearance was put before this court by the TAFCO Officers' Association and, it was stated by learned counsel that an appeal has been preferred before the Appellate Authority (AAIFR) against the recommendation made by the BIFR and the same was pending. Subsequently, it was brought to the notice of the court that the said appeal had also been dismissed vide order dated April 19, 1995, passed by the Appellate Authority and aga...
Committee of Management, J.V. Inter College, Rajupur and Others Vs. De ...
Court: Allahabad
Decided on: Aug-17-1998
Reported in: 1999(1)AWC381
O.P. Garg, J.1. By means of this writ petition under Article 226 of the Constitution of India, it is prayed that the impugned order dated 13.1.1998, Annexure-12 to the writ petition, passed by the Deputy Director of Education. (for Short 'D.D.E.') (Madhyamik), Saharanpur Region. Saharanpur be quashed and the respondent No. 1 commanded to appoint Prabandh Sanchalak forthwith in exercise of the powers vested in him under clause 8 of the amended Scheme of Administration with a view to complete the process of elections of the members and the office bearers of the Committee of Management from out of 116 members of the General Body of the Society.2. Counter and rejoinder-affidavits have been exchanged andtherefore, this writ petition is being finally disposed of, on merits.3. Heard Sri V. K. Shukla. learned counsel for the petitioners and Sri S. U. Khan for the respondent No. 3 as well as learned standing counsel for the respondent Nos 1 and 2.4. The only question whicharises for considerati...
Tahir HusaIn Ansari and Another Vs. U.P. Rajya and Others
Court: Allahabad
Decided on: Aug-17-1998
Reported in: 1999(1)AWC378
Binod Kumar Roy and R.K. Mahajan, JJ.1. The prayer of the two petitioners who claim themselves to be husband and wife respectively, issubstantially to issue a writ in the nature of mandamus commanding the respondents to allow petitioner No. 1, who is a Pakistani National, to stay in India till an indefinite period. A further prayer has been made to command respondent No. 3, the Union of India through Home Secretary. Ministry of Home Affairs, New Delhi to issue a Long Term Visa (L.T.V.).2. It appears that the claim of the petitioners is to this effect--petitioner No. 1 was born in India in 1947 but migrated to Pakistan, became a Pakistani citizen and has been residing in pakistan along with his uncle Sanadat Hussain Ansari. He was granted passport on 19.2.96 by Pakistan ; He was issued Visa on 2.6.97 for 3 months to visit India. He has married petitioner No. 2, an Indian citizen, on 26-1.1992. He has a step-daughter Kumari Meena, a daughter Mukkadtssa and a son Suhail. He has fixed marr...
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