Allahabad Court November 2000 Judgments
Hirday NaraIn Tewari Vs. Principal Secretary Tax and Registration Depa ...
Court: Allahabad
Decided on: Nov-30-2000
Reported in: 2001(1)AWC223; [2001(88)FLR184]
ORDERBinod Kumar Roy and S. K. Jain,JJ.1. Three-fold prayers have been made by the petitioner in this writ petition, who is an Assistant Commissioner, Trade Tax, Varanasi, which has been placed for admissionbefore us :(i) to quash his suspension order dated 5.10.2000 as contained in Annexure-1 by grant of a writ of certiorari ; (ii) to restrain the respondents from Interfering with his functioning ; and (iii) to command the respondents to expedite the contemplated enquiry expeditiously preferably within a period of three months.2. The impugned order shows, inter alia, that the petitioner has been suspended on account of three charges in relation to which there is proposal for initiation of a disciplinary proceeding at the command of His Excellency the Governor of Uttar Pradesh.3. Dr. Padia, learned counsel appearing on behalf of the petitioner contended as follows :(i) The expression of the word'???' in the opening paragraph of the impugned order read with last part shows that it has ...
Tag this Judgment!Committee of Management, Janta Inter College, Allahabad and Another Vs ...
Court: Allahabad
Decided on: Nov-30-2000
Reported in: 2001(1)AWC228
V. M. Sahai, J.1. Sri P. N. Singh the respondent No. 2 was officiating Principal of Janta Inter College, Mau Alma, Allahabad. On the basis of an enquiry report dated 11.9.1998, he was suspended on 12.9.1998 by petitioners. The Committee of Management on 18.9.1998 forwarded papers to the District Inspector of Schools (in brief D.I.O.S.) for grant of approval to the suspension order as provided under Section 16G (7) of the U. P. Intermediate Education Act, 1921 (in brief Act). By order dated 26.9.1998, the D.I.O.S. disapproved the suspension order. The petitioners have challenged the order dated 26.9.1998 by means of this writ petition.2. Sri R. K. Ojha the learned counsel for the petitioner has urged that the D.I.O.S. did not give any reason for disapproving the suspension order nor any provision of Act was mentioned in the impugned order on the basis of which the suspension order was disapproved. He placed reliance on a Full Bench decision of this Court in Chandra Bhushan Mishra v. Dis...
Tag this Judgment!Vishanji Tokarsi Vs. Collector, Kanpur Nagar and Others
Court: Allahabad
Decided on: Nov-30-2000
Reported in: 2001(1)AWC373
D. S. Sinha, J.1. Heard Sri V. B. Tiwari, learned counsel appearing for the petitioner, Sri Vinay Malviya, learned standing counsel of the State of U. P., representing the respondent Nos. 1 and 2 and Sri Sudhir Agarwal, learned counsel representing the respondent No. 3, at length and in detail.2. Though the petition is not admitted formally, yet it is ready for final hearing inasmuch as requisite affidavits between the parties have already been exchanged. Learned counsel appearing for the parties jointly pray and agree that the petition may be disposed of finally. The Court, therefore, proceeds to dispose of the petition finally.3. By means of the impugned citation dated 22nd January, 1998, a photo-copy whereof is Annexure-1 to the petition, a sum of Rs. 31,128 is being recovered from the petitioner as arrears of land revenue towards the dues of Kanpur Electricity Supply Administration, Kanpur Nagar, the respondent No. 3, which is, indisputably, a Government undertaking as defined in t...
Tag this Judgment!Mohammad Fuzail Ansari Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-30-2000
Reported in: 2001(1)AWC465; (2001)2UPLBEC1117
V. M. Sahai, J.1. The only question in this petition is whether the petitioner who has been appointed by the management on 7.7.1997 on the post of Lecturer Urdu, in absence of any creation or sanction of post of Lecturer Urdu is entitled to continue as Lecturer and payment of salary as he is teaching Urdu in intermediate classes since his appointment? 2. The controversy stands squarely covered by a Full Bench decision of this Court in Gopal Dubey v. District Inspector of Schools, 1999 (1) UPLBEC 1. It was held that recognition of a subject did not amount to presumed creation of post. The Bench, held that in absence of sanction or creation of post, the State Government was not liable to pay the salary nor the management could claim reimbursement of it. But Sri P. K. Ganguli the learned counsel for the petitioner vehemently argued that once the District Inspector of Schools. Azamgarh (in brief DIOS) granted permission to start intermediate class in Urdu, it shall be deemed that the post ...
Tag this Judgment!A.K. Gaur Vs. Central Bank of India and ors.
Court: Allahabad
Decided on: Nov-30-2000
Reported in: [2001(89)FLR569]; (2001)IILLJ313All; (2001)2UPLBEC1832
I.M. Quddusi, J.1. Heard learned counsel for the petitioner, Sri S. S. Chauhan and learned counsel Sri N. K. Seth appearing for Central Bank of India. This writ petition has been filed against the order of punishment of dismissal from services of the petitioner passed by the disciplinary authority vide order dated November 2, 1989 as contained in annexure No. 10 to the writ petition.2. Sri S.S. Chauhan, learned counsel for the petitioner has raised several contentions touching the merits of the case also but we have considered the first question as to whether the petitioner has got reasonable opportunity to defend himself during the disciplinary proceedings. The inquiry officer, vide his report, dated May 31, 1989 held that charge of removal of cash of Rs. 70,000/- as well as opening cash on July 11, 1986 are not proved on the basis of the evidence but the disciplinary authority held that the charges levelled against the petitioner in the charge sheet are found to be proved. The discip...
Tag this Judgment!Jag Ram and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Nov-30-2000
Reported in: 2001CriLJ2893
ORDERS.K. Agarwal, J.1. I have gone through the judgment and order dated 15-10-1983 passed by Sri V.P. Mathur, District and Sessions Judge, Meerut, in Criminal Appeal No. 147 of 1983. After examining the judgment throughly I am of the opinion that the order of the learned District and Sessions Judge now after a lapse of 17 years, for which this revision remained pending in this Court for hearing cannot be sustained.2. The brief facts of the case are that the applicants were prosecuted for the offence under Section 198-A(2) of the U.P. Zamindari Abolition and Land Reforms Act (in short called as the 'Act'). The allegations made by the informant were that complainants were allotted 16 Biswas of land and the possession was also given to them after the allotment by the authorities concerned. They were in peaceful possession over it for a while. Later on the revisionists had not allowed their possession to continue. They dispossessed them. Some false litigations were also started by these r...
Tag this Judgment!Mukhbeer Singh Vs. U.P. Secondary Education Services Selection Board/C ...
Court: Allahabad
Decided on: Nov-29-2000
Reported in: 2001(1)AWC221; (2001)1UPLBEC123
V. M. Sahai, J.1. Heard Sri Kuldeep Saxena, learned counsel for the petitioner and Sri R. P. Dubey and Sri B. N. Mishra, learned counsel appearing for the respondent No. 1 and Sri K. K. Chand learned standing counsel appearing for respondent Nos. 3 to 5.2. The petitioner who claims to be the senior most teacher of R.R. Inter College, Pilakhwa, district Ghaziabad has filed this writ petition for a direction to the respondents for initiating fresh process for appointment on the post of regular principal and to restrain them in the meantime from interfering in the functioning of the petitioner as ad-hoc Principal of the college. The claim of the petitioner is two-fold, one that when earlier vacancy arose in 1990, it was filled by appointing senior most teacher as ad-hoc Principal, who later on became permanent under Section 33A (1A) added to U. P. Secondary Education Services Commission Act, 1982, by U. P. Act No. 26 of 1991 by which sub-section (1A) was inserted in Section 33A with effec...
Tag this Judgment!Chhotai Ram Yadav Vs. State of U.P. and Another
Court: Allahabad
Decided on: Nov-29-2000
Reported in: 2001(1)AWC391; [2001(88)FLR416]; (2001)1UPLBEC492
S.R. Singh, J.1. The question that calls for determination in this writ petition is as to whether the respondents have violated Article 14 of the Constitution in not counting the military service rendered by the petitioner in the Indian Army while determining his seniority, etc. in the U. P. Civil Service (Executive)? Incidentally the question arises as to whether the provisions of the U. P. Non-Technical (Class-II/Group 'B') Services (Appointment of Demobilised Officers) Rules, 1980 (hereinafter referred to as the Rules) is discriminatory and violative of Article 14 of the Constitution due to non-inclusion, within its purview, of noncommissioned officers who joined 'Armed Forces of the Union' on or after November 1, 1962 but before January 10, 1968 and again on or after December 3, 1971 and released at any time thereafter? 2. The petitioner did M.A. in Mathematics from Allahabad University in the year 1962. On promulgation of external emergency due to the threat to the security andint...
Tag this Judgment!Nagar Swasthya Adhikari Vs. Raghuraj Singh
Court: Allahabad
Decided on: Nov-29-2000
Reported in: 2001CriLJ2075
Virendra Saran, J.1. Respondent Raghuraj Singh was prosecuted for the offences punishableUunder Section 7(1)/16(1)(a)(I) of the Prevention of Food Adulteration Act, 1954, (hereinafter referred to as the Act). The learned Special Judicial Magistrate, Allahabad by his order dated 24-10-1977 acquitted the respondent. Feeling aggrieved by the acquittal this appeal against acquittal has been filed in this Court.2. The appeal was taken up today in the revised list but none appeared on behalf of appellant Nagar Swasthya Adhikari Allahabad. This is an appeal of 1978 and hence it was not considered proper to adjourn the appeal. I have gone through the entire evidence on the record as well as the judgment of the trial Court with the help of learned State counsel who has argued the case at length.3. The prosecution case against the respondent is that on 19-12-1974 Sri K.C. Mishra, Food Inspector collected a sample of buffalo milk from the respondent from near a place known as Lipton Company, Nain...
Tag this Judgment!Rajeev Kumar Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-28-2000
Reported in: 2001(1)AWC229; [2001(88)FLR482]
ORDERV. M. Sahai, J.1. Father of the petitioner. Sita Sharan Singh was working as Art Teacher (L.T. Grade) in Sarvodaya Shiksha Sadan Inter College, Meerapur, Allahabad. He died in harness on 14.1.1999. The petitioner is the only son of the deceased. He passed High School in 1991, Intermediate in 1993 and B.Sc. in 1996. Thereafter, he passed Intermediate examination 1998 in Drawing under Regulation 17-3, Chapter XII from Board of High School and Intermediate Education, U. P., Allahabad. In the same year, he passed Intermediate Grade Drawing Examination in 1998 conducted by Maharashtra Government. He belongs to backward class category. He moved an application on 19.5.1999 before the District Inspector of Schools, Allahabad (in brief D.I.O.S.) claiming appointment on the post of Assistant Teacher, under the dying-in-harness rules. The District Committee constituted under Regulation 105, Chapter III of the Regulations framed under the U. P. Intermediate Education Act, 1921 (in brief Regul...
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