Allahabad Court July 1999 Judgments
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National Capital Power Project/National thermal Power Corporation Ltd. ...
Court: Allahabad
Decided on: Jul-21-1999
Reported in: 1999(3)AWC2687; (2000)2UPLBEC1049
R.R.K. Trivedi, J.1. This bunch of appeals is from the judgment and awards dated 22.10.1993, given by learned find Additional District Judge, Ghazlabad. As the questions of law and fact involved are similar in all the appeals, they can be decided by a common judgment against which learned counsel for the parties have no objection. First Appeal No. 78 of 1994 shall be the leading case.2. Facts giving rise to these appeals are that State of Uttar Pradesh initiated and acquisition proceedings by Issuing Notification under Section 4(1) of Land Acquisition Act (hereinafter referredto as the Act), dated 6.9.1984, published on 8.9.1984. for acquiring 105 Bigha 2 Biswa 16 Biswansl land. situated in two villages, namely, Murad Nagar and Sama Murad Nagar. The purpose of acquisition of land was for establishing National Thermal Power Plant by National Thermal Power Corporation Ltd. (hereinafter referred to as the Corporation). Declaration under Section 6 of the Act was issued by Notification date...
Banshi Lal Singh Vs. U.P. Secondary Education Service Commission, Alla ...
Court: Allahabad
Decided on: Jul-21-1999
Reported in: 1999(3)AWC2595; (1999)3UPLBEC2168
V.M. Sahai, J.1. The short question that arises for consideration in this petition is whether where four teachers are chargesheeted for the same misconduct and punishment of removal from service is proposed by the Committee of Management which is modified with regard to three teachers by District Inspector of Schools to stopping of one increment for one year, whether the punishment of removal from service awarded to the petitioner, on parity, can be modified on the ground that the co-detinquents on identical charges have been awarded minor punishment.2. The short matrix of the case is that the petitioner was a confirmed Assistant Teacher in L.T. grade working since 1.7.1970 in Rajarsh Purshottam Das Tandon UchchatarMadhyamik Vidyalay, Naini, Mahewa, District Allahabad (in brief institution). He and three teachers working C.T. grade, namely, Laxmi Kant Bhatt, Ram Krishan Singh and Shiv (in brief C.T. grade teachers) were issued charge-sheet for misconduct on the same and identical charg...
Jagdish NaraIn Chopra Vs. Allahabad District Co-operative Bank Ltd. an ...
Court: Allahabad
Decided on: Jul-21-1999
Reported in: 1999(3)AWC2622a; (2000)ILLJ181All; (1999)2UPLBEC1591
D.K. Seth, J.1. The petitioner after his retirement had been paid the amount of his provident fund due to him. But the Gratuity and other terminal benefits were not paid to him on the ground as disclosed in the counter-affidavit that there was an audit objection in respect of certain accounts when the petitioner was posted in Hewett Road Branch. Such statements were made in paragraph 2 of the counter-affidavit. In rejoinder-affidavit, the petitioner has clarified that he was posted in Hewett Road Branch sometimes in between 1980 and 1984. The audit objection was in respect of the provident fund amount of Nagar Mahapalika. Allahabad in respect of their employees that were transferred to the Sundry Creditor's account in the bank. Nagar Mahapalika was asked to furnish the details of the individual accountnumber of the employees so that the provident fund amount received by the bank could be credited in the respective individual account of the employees. The Nagar Mahapalika had furnished ...
Aneep Mehta Vs. Senior Divisional Manager, L.i.C. of India, Allahabad ...
Court: Allahabad
Decided on: Jul-21-1999
Reported in: 1999(4)AWC2759
D.K. Seth, J.1. The petitioner was removed from service by an order dated 7.7.1995, contained in Annexure-17, after holding a domestic enquiry as against him on the ground that the petitioner was found guilty of the charges. The petitioner had preferred an appeal departmentally which was dismissed by an order dated 19.3.1996, contained in Annexure-20 to the writ petition. These orders have since been challenged in this writ petition.2. Mr. Pramod Jain, learned counsel for the petitioner has assailed the said orders on the ground that while issuing the second show cause notice, copy of the enquiry report was not furnished to the petitioner. On account thereof, he had not been able to reply properly to the second show cause notice. Relying on various decisions of the Apex Court, he contends that non-furnishing of enquiry report along with second show cause notice vitiates the whole enquiry proceeding and the order of punishment passed thereon. He next contends that adequate opportunity w...
Jai Prakash and Another Vs. State of U.P. and Another
Court: Allahabad
Decided on: Jul-21-1999
Reported in: 1999(4)AWC3011; (1999)3UPLBEC1880
V.M. Sahai, J.1.The petitioners were appointed as Bachat Pracharak under orders of the respondents for a period of one year to carry out the scheme of savings. The appointment of the petitioners as per the term of contract was to end on the expiry of the period of one year. The petitioners claim that they were appointed in 1986 and were continued even without any agreement. The services of the petitioners were terminated in 1990 on the ground that the petitioners did not execute the agreement which, under the scheme, was required to be executed by them. The petitioners challenged the termination orders passed by the respondents by means of the instant writ petition. This Court also passed a stay order in favour of the petitioners and according to the petitioners they are continuing in service in pursuance of the stay order.2. Heard Sri Vijay Sinha holding brief of Sri V. B. Singh, learned counsel for the petitioners and Sri S. P. Pandey, learned standing counsel appearing for the respo...
Kishore Kumar Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Jul-21-1999
Reported in: 2000CriLJ552
ORDER1. This appeal arises out of the judgment and order dated 31 -3-1980 passed by Sri S. K. Srivastava, IX Additional Sessions Judge, Bareilly in Sessions Trial No. 369 of 1979 whereby he has convicted the appellant Kishore Kumar under Section 302, IPC and under Section 25 of the Indian Arms Act. He has been sentenced to undergo life imprisonment under Section 302, IPC and to undergo 3 months rigorous imprisonment under Section 25 of the Indian Arms Act. Both the sentences have been ordered to run concurrently.One Munna alias Din Dayal was murdered in this incident on 1-5-1979 at about 2 p.m. in Mohalla Kalibari, P. S. Baradari, District Bareilly. S.I. Girish Chandra Dwivedi of P. S. Baradari and H. C. Kundan Singh of outpost Shahmatganj were returning to police station from the Court. When they reached near the 'Arhat' of Om Prakash Chandra Prakash in Mohalla Kalibari at about 2 p.m., they saw one person assaulting another with a knife. The said S.I. challenged the assailant who sta...
Babbu Ram Tiwari Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-20-1999
Reported in: 1999(3)AWC2600; (1999)3UPLBEC1772
D.K. Seth, J.1. By means of this petition; the petitioner is claiming that he is entitled to be promoted under the 15% quota to Class III post from Class IV post by reason of Circular dated 31.8.1982 on account of his fulfilling the eligibility criteria. Admittedly, the petitioner is a graduate. He had completed five years of service in Class IV post. Circular dated 31.8.1982 provides that such Class IV employee who have continuously served for more than five years will be eligible for promotion under 15% quota which was 10% before the issuance of the said circular. Accordingly after a post had fallen vacant on account of death of one Shri Ram Bihari Pandey on 3.4.1991, the petitioner was so promoted to the post of clerk. Such promotion was approved by order dated 26.2.1992 contained in Annexure-3 to the writ petition. Son of the deceased Shri Rakesh Kumar who is respondent No. 5 in this writ petition was appointed under the dying-in-harness in the post of Chowkidar. This appointment w...
Ram Bachan Maurya Vs. District Magistrate, Ghazipur and Others
Court: Allahabad
Decided on: Jul-19-1999
Reported in: 1999(3)AWC2681; (1999)3UPLBEC1741
V.M. Sahai, J.1. The petitioner was appointed on dally wages as Chowkidar in newly created Sub-Treasury Office, Jakhania, District Ghazipur under the order of District Magistrate dated 8.1.1990 by letter dated 20.1.1990. From 4.3.1992 the respondents stopped taking work from him. The petitioner challenged the action of the respondents by means of Writ Petition No. 11544 of 1992 which was disposed of finally on 8.4.1992 directing the District Magistrate to dispose of the representation of the petitioner as to whether any termination order waspassed by the respondents or not. The District Magistrate called for a report from the Treasury Officer, Ghazipur who submitted his report on 29.7.1992 which was approved by the District Magistrate on 30.7.1992 and the representation of the petitioner stood decided. The respondents on application dated 31.7.1992 by the petitioner by an undated letter informed him about the order dated 30.7.1992 by which his representation was rejected. The petitione...
Satya Ram Yadav Vs. Deputy Managing Director, U.P. State Warehousing C ...
Court: Allahabad
Decided on: Jul-16-1999
Reported in: 1999(3)AWC2540; [2000(85)FLR640]; (1999)3UPLBEC1760
V.M. Sahai, J.1. The petitioner was appointed on ad hoc basis as clerk on 21.11.79. He Joined his duties on 24.11.79. The petitioner has been dismissed from service by therespondents by order dated 13.12.91 w.e.f. 19.8.91 on the ground that he absented from the duty. The petitioner claims that he applied for leave which was subsequently sanctioned after his dismissal by the respondents. The order of dismissal is under challenge in the instant writ petition.2. The respondents in their counter-affidavit stated that the petitioner has got an adequate statutory alternative remedy of filing an appeal under regulations framed by the corporation, therefore, this petition is liable to be dismissed on the availability of alternative remedy. He further argued that since the petitioner was absent from duty unauthorisedly as his leave was not sanctioned, therefore, the respondents issued a show cause notice on 8.10.91 by registered post as to why he be not dismissed from service under the regulati...
Sazid and Others Vs. Commissioner of Consolidation and Others
Court: Allahabad
Decided on: Jul-16-1999
Reported in: 1999(4)AWC2788
Shitla Prasad Srivastava, J. 1. Thepetitioners have filed the present writ petition for Issue of a writ of mandamus commanding the respondents to hold fresh consolidation proceedings in accordance with law in Village Keserva Tehsil Budhna district Muzaffarnagar and a further prayer has been made for issue of a writ of mandamus commanding the respondent No. 1 to decide the representation dated 10.5.1999 filed by the petitioners within a month and during the tendency of the representation, the respondent Nos. 2 to 4 and other consolidation authorities be directed not to dispossess the petitioners from their original holding.2. The first ground taken by the petitioners is that their area has been illegally reduced by the consolldator and other consolidation authorities during survey proceedings in the village. The second ground which has been taken by them is that the Assistant Consolidation Officer as well as other concerned consolidation authorities have illegally allotted uran chaks to...
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