Allahabad Court August 1999 Judgments
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Union of India Vs. Central Administrative Tribunal, Allahabad and Anot ...
Court: Allahabad
Decided on: Aug-11-1999
Reported in: 1999(4)AWC2937
Binod Kumar Roy and Lakshmi Bihari, JJ.1. The respondent No. 2 herein, who has been serving as a Chowkidar in Military at Dehradun (Central Command) right from September 2, 1991, successfully assailed an order of his transfer passed on 16.11.1995 transferring him from Dehradun to Lansdown before the Central Administrative Tribunal. Allahabad Bench. The petitioner has come up before this Court assailing the validity of the Order dated 24.9.1997 passed by the CAT appending its copy as Annexure-7.2. While admitting this writ petition on 10.3.1998. the Division Bench had passed the following order :'Heard Sri Satish Chaturvedi for the petitioner and Sri K. P. Singh for the respondents. Admit. Issue notice. Operation of the impugned order dated 24.9.97 passed by respondent No. 1 in Original Application No. 1101 of 1996 shall remain stayed until further orders of this Court. Hearing of the writ petition is expedited.' 3. We find on record an application filed by respondent No. 2 for vacating...
Lalji Vs. Commissioner, Kanpur and Another
Court: Allahabad
Decided on: Aug-11-1999
Reported in: 1999(4)AWC2952
R.K. Agrawal, J.1. By means of the present writ petition, the petitioner i.s challenging the order dated 13.5.1998 passed by the District Magistrate. Kanpur Nagar, respondent No. 2. (filed as Annexure-5 to the writ petition) and the order dated 16.7.1998 passed by the Commissioner, Kanpur Division, Kanpur, respondent No. 1 (filed as Annexure-7 to the writ petition).2. The facts of the case in brief are that the petitioner is engaged in the business of running a brick-kiln and is also a member of the Management of Janta Inter College, Ghatampur, Kanpur. Janta Degree .College. Ghatampur. district Kanpur Dehat and Vaidik Inter College. Kunwa Kheda. He applied for gun licence in the year 1994 for proteclion of his life and properly. The District Magistrate. Kanpur granted a gun licence to the petitioner on 18.5.1994. He purchased a 12 bore D.B.B.L. gun on 1.8.1994. It appears that on 6.7.1994. an F.I.R. was lodged against the petitioner and his two brothers. The trial was pending in the Co...
Shaileshwar Nath Singh Vs. High Court of Judicature at Allahabad and O ...
Court: Allahabad
Decided on: Aug-11-1999
Reported in: 1999(4)AWC3002; [2000(84)FLR16]; (1999)3UPLBEC1974
M. Katju, J.1. This writ petition has been filed for quashing the order communicated vide D.O. letter dated 22.1.1997 (Annexure-6 to the petition) and order communicated by D.O. letter dated 14.8.1997 (Annexure-10 to the petition) and to retain the order communicated vide D.O. letter dated 16.12.1996 (Annexure-5 to the petition).2. We have heard learned counsel for the petitioner and the learned standing counsel as well as Sri Sunil Ambwani for the High Court.3. The petitioner is a member of the subordinate judiciary of U.P. having been appointed as Munsif in the year 1990. He was communicated an adverse remark by the then District Judge, Varanasi vide letter dated 31.5.1994 Annexure-1 to the petition regarding the year 1993-94. The petitioner filed a representation against the said adverse entry vide Annexure-2. Subsequently, he was communicated the letter dated 22.3.1996 from the High Court (Annexure-3 to the petition) informing him that the adverse entries made in column Nos. 1 (a) ...
Indian Institute of Technology, Kanpur Vs. Anushree Constructors and C ...
Court: Allahabad
Decided on: Aug-11-1999
Reported in: 1999(4)AWC3493
A.K. Jog, J. Facts of the case-1. Indian Institute of Technology, Kalyanpur, Kanpur (called the Institute), a body corporate was established by and under Institutes of Technology Act. 1961, to provide for education and research in various branches of Engineering. Technology. Sciences and Acts.2. The works department of the Institute floated tenders on 8th October. 1987 for eight different works. Tenders of M/s. Anushree Contractors and Consultant Associate Private Limited. New Delhi, called the Contractors (respondent No. 1) were accepted and works were awarded as per details given in Paragraph 8 of the writ petition. For each contract, articles of agreements were executed by the Institute and the Contractor. Details of articles of agreements, except clause 55, are not necessary for the purpose of the present petition, which provided for arbitration, in case of dispute and/or difference arising between the parties. Clause 55 as quoted in Paragraph 14 of the writ petition reads :'(a) Al...
Prem Shanker Sharma Vs. Uttar Pradesh Secondary Education Service Comm ...
Court: Allahabad
Decided on: Aug-11-1999
Reported in: 1999(4)AWC3313; (1999)3UPLBEC2347
V.M. Sahai, J.1. The petitioner was appointed on 8.8.1968 as Lecturer English in Ambika Prasad Intermediate College. Moradabad (In brief Institution). He was confirmed on 9.8.1969. He was a member of Rashtriya Swayamsewak Sangh and Bhartiya Janta Party. He was elected District Secretary of the Bhartiya Janta Party in 1987. From 14.8.1975 to 30.7.1977, he was detained under the Maintenance of Internal Security Act. From 1.11.1980 to 10.12.1980 and from 11.7.1987 to 11.7.1988 he was detained under the National Security Act. He was arrested on 11.7.1987 from the gate of Government Inter College, Moradabad, while he was going to attend his training under the new education policy. It is stated that when the petitioner was arrested Principal of the Institution and Mr. Khangiri. Assistant Teacher in L.T. Grade were along with the petitioner. The petitioner, after his arrest, told the Principal to inform the manager about his arrest. The manager issued notice on 24.7.1987 calling his explanati...
Raj Nagar Residents Welfare Association, Ghaziabad Vs. City Board, Gha ...
Court: Allahabad
Decided on: Aug-10-1999
Reported in: 1999(4)AWC3009; (1999)3UPLBEC2299
Binod Kumar Roy and Lakshmi Bihari, JJ.1.Heard. 2. The prayer of the petitioner is to command the City Board, Ghazlabad, not to realise the sewer drainage tax from the residents of Raj-Nagar, as it has already been paid as development charges to the Ghaziabad Development Authority.3. It is well known that City Board, Ghaziabad is a municipality and thus its functionings are governed by the Municipality Act andthe Rules framed thereunder. It is not the case of the petitioner that the Municipality Act and the Rules framed thereunder do not authorise City Board. Ghazlabad, to levy sewerage tax. It is also well known that there is difference between the words 'development charges' and 'tax on sewerage.'4. In this view of the matter, we are of the view that no case had been made out for interference by this Court. 5. In the result, this writpetition is dismissed. However. In thepeculiar facts and circumstanceswhen no one has appeared to contestthis writ petition, we make no orderas to cost....
Ram Swaroop Katiyar Vs. Director of Education (Secondary) and ors.
Court: Allahabad
Decided on: Aug-10-1999
Reported in: (2000)1UPLBEC37
D.K. Seth, J.1. The petitioner was appointed as a Lecturer of Physhology on 25th June, 1980 pursuant to his selection. The added respondent No. 3 Sri Ram Prakash Katiyar was also a candidate in the selection. He secured the second position after the petitioner. The respondent No. 3 raised an objection that the petitioner was related to the Principal of the school. The District Inspector of Schools there-upon asked the Principal to clarify as to whether the allegations made by the respondent No. 3 was correct or not. But the Principal did not give reply to the said letter. Thereafter by order dated 1st November, 1980 the District Inspector of School had stopped the payment of salary to the petitioner. The petitioner moved this Court in a writ petition No. 109031 of 1980 against the said order dated 1st November, 1980. The said writ petition was disposed of by an order dated 7th August, 1991 directing the District Inspector of Schools to sent all relevant papers to the Director of Educat...
Vishram Dass Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-10-1999
Reported in: (1999)3UPLBEC1751
R.R.K. Trivedi and D.R. Chaudhary, JJ.1. We have heard Sri R.N. Singh, Senior Advocate, duly assisted by Sri R.C. Singh for the petitioner and Sri Ashok Mehta, the learned Chief Standing Counsel for the respondents and Sri Dinesh Dwivedi for the caveator. As this petition can be decided on a short question of law it is not necessary to call for any counter from the respondents.2. The facts giving rise to this petition are that petitioner Vishram Dass was elected as Chairman of Zila Panchayat, Allahabad on 2-5-95. On 20-3-98 a complaint was made against him by one Ramesh Narain alias Madan Mishra before the Minister, Panchayat Raj of State of U.P. mentioning therein 18 financial and administrative irregularities allegedly committed by the petitioner. On this complaint State of U.P. by an order dated 27-6-98 directed a preliminary enquiry by Collector, Allahabad. Report on basis of the preliminary enquiry was submitted on 4-12-98. After receipt of the aforesaid report, a show cause notic...
Dr. Preeti Srivastava and anr. Vs. the State of Madhya Pradesh and ors ...
Court: Allahabad
Decided on: Aug-10-1999
Reported in: (1999)3UPLBEC2179
Sujata V. Manohar, J.1. Leave granted in SLP (C) No. 12231 of 1997.2. The following issue formulated by this Court at the commencement of hearing, requires consideration :'The question is whether apart from providing reservation for admission to the Post Graduate Courses in Engineering and Medicine for special category candidates, it is open open to the State to prescribe different admission criteria, in the sense of prescribing different minimum qualifying marks, for special category candidates seeking admission under the reserved category.'This question certainly requires consideration of the Constitution Bench as it arises and is likely to arise in a number of cases in different institutions of the country and needs to be decided authoritatively keeping in view the observations made in three different tow or three-Judge Bench judgments'. These judgments are Ajay Kumar Singh and Ors. v. State of Bihar and Ors., JT 1994 (2) SC 662 ; Dr. Sadhna Devi and Ors. v. State of U.P. and Ors., ...
Shri Ram Vs. State of U.P.
Court: Allahabad
Decided on: Aug-10-1999
Reported in: 2000CriLJ510
ORDERB.K. Sharma, J. 1. This is an appeal against the judgment and order dated 22nd December, 1994 passed by Sri N. L. Agrawal, the then I Additional Sessions Judge, Banda in Special Case No. 22 of 1994, State v. Shri Ram, Police Station Atarra, Dist. Banda whereby he convicted the accused-appellant Shri Ram of the offence under Section 21/22, N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for a period of ten years and also to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to suffer further rigorous imprisonment for two and half years as part of his substantive sentence.2. The prosecution case, in brief, was that on 18-3-1994, S.I. Vijai Kumar Arya, In-charge of Out Post G.R.P., Karvi (PW2), along with Constable Sant Ram (P.W. 1) and other constables, was on train checking and crime prevention duty at Railway Station, Karvi and they were present on platform No. 1, that on the platform Vijai Kumar Arya S.I. received an information that one person was si...
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