Allahabad Court November 2000 Judgments
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Dr. Arun Kumar Sood Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-24-2000
Reported in: 2001(1)AWC531; [2001(89)FLR187]; (2001)1UPLBEC899
Pradeep Kant and R. D. Mathur, JJ.1. The petitioner, who was initially appointed as lecturer in State Medical College. Meerut, while posted as Professor was charge-sheeted for certain misconduct which enquiry culminated in dismissal of his services. Being aggrieved by the aforesaid order, the petitioner has preferred this writ petition under Article 226 of the Constitution. The charge-sheet dated 27.7.1999 has been brought on record which contains four charges. The first charge relates to the violation of the transfer order wherein the petitioner was transferred from Meerut Medical College to Medical College. Jhansi, vide order dated 4/5.6.1997. which order he deliberately avoided to receive but in the meantime, obtained an interim order staying the operation of the transfer order, which writ petition was dismissed on 5.3.1998 and, therefore, the petitioner was informed by letter dated 18.4.1998 that he should comply with the transfer orders which have become effective but the petition...
Subodh Kumar Trivedi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-24-2000
Reported in: 2001(1)AWC515
Pradeep Kant, J.1. The petitioner being aggrieved by an order of removal from service dated August 1, 1997, has approached this Court under Article 226 of the Constitution of India. The petition was filed on October 13. 1997, on which date the High Court passed an order giving time to the learned standing counsel for seeking instructions on the question of competence of the authority who has passed the order of removal from service.2. The matter was listed for several times and on April 17, 1999, the Court again taking into consideration that since no counter-affidavit has been filed, passed an order that the contention of the petitioner is that he has been removed from service without following the principle of natural justice as the Enquiry Officer although has relied upon the preliminary enquiry report but neither the copy of the report of the preliminary enquiry was furnished to him nor he was allowed to cross-examine the witnesses and that the order of removal was passed not by th...
Kamlesh Rai Vs. State of U.P.
Court: Allahabad
Decided on: Nov-24-2000
Reported in: 2001CriLJ1410
S.K. Agarwal, J.1. This appeal arises out of a judgment and order dated 20-8-1999, passed by Sri S.K. Gaulam, 1 Additional Sessions Judge, Ghazipur, in Criminal Case No. 55 of 1991, convicting the appellant Under Sections 8/21 of the N.D.P.S. Act and sentencing him to undergo 10 years R.I. and to pay a fine of Rs. 1 lac. In dafault of payment of fine, the appellant was directed to undergo further 2 years R.I.2. The brief of the case, according to F.I.R., are that the S.S.I. Shesh Nath Mishra while on petrol duty on 7-1-1991 reached the barrier, there he was met by S.I. Vachaspati Mishra and other police personnel. At that very time he received an information from an informer that a person would approach on foot the road for the side of village Baresar possession Heroin and would proceed towards Qasba Jamanlya Railway Station Bazar. He could be arrested if the police party takes immediate steps. The statement of the informer was recorded on a sheet of paper and the police party headed b...
Mahesh Chandra Vs. Addl. Civil Judge (Jr. Division) and ors.
Court: Allahabad
Decided on: Nov-24-2000
Reported in: I(2001)DMC229
R.K. Dash, J.1. Heard learned Counsel for the petitioner.Smt. Kiran Lata respondent No. 3 herein is a deaf and dumb lady by birth. She was given in marriage to the petitioner in May, 1998. Being denied of love, affection and shelter by no other than her husband, the petitioner, she has been staying with her parents. As it would appear from the judgment passed in the matrimonial proceeding, Annexure-1, on account of non-fulfilment of demand of dowry she was mentally and physically tortured by her husband and other family members. The petitioner is stamp vendor and in order to create evidence to move the Court in future against respondent No. 3 he filed Habeas Corpus Writ Petition No. 35473 of 1999 in this Court and pursuant to notice Smt. Kiran Lata appeared and on being asked by the Court she being deaf and dumb by sign disclosed her desire to go with her father. Upon such statement and having come to a finding that she was not wrongfully confined by her parents the Court dismissed the...
Raj Kumar Sahi Vs. Iiird Addl. District Judge, Deoria and Others
Court: Allahabad
Decided on: Nov-23-2000
Reported in: 2001(1)AWC181
ORDERYatindra Singh, J.1.This case deals with purpose, reason, and place of security deposit towards the cost of an election petition challenging an election in a local body. Are the rules relating to security deposit mandatory? Unlike Representation of Peoples Act, 1951 (the Representation Act) the rules dealing with challenge to an election in a local body do not prescribe the consequence of non-deposit, still 'Is non-deposit of the security or non-accompaniment of receipt showing the security deposit fatal to an election petition?' Should the security amount be deposited in the Government treasury or in the State Bank of India (S.B.I.) situate within the district in which that local body is situate and where election is challenged or can it be deposited in another district. While considering these questions, it is also recommended that the State Government may consider refraining the Rules regarding deposit of security detailed in paragraph 4 of the judgment (Heading : Few Recommend...
Rajesh Kumar Vs. State of U.P.
Court: Allahabad
Decided on: Nov-23-2000
Reported in: 2001CriLJ2093
ORDERS.K. Agarwal, J.1. Heard learned counsel of the applicant and learned A.G.A.2. This revision arises, from an order of conviction passed by Judicial Magistrate. Hapur, Sri R.A. Kaushik, in Crl. Case No. 1073 of 1985 Under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act') and an imposition of sentence of six months and of fine of Rs. 1,000/-. The judgment and order dated 5-8-1986 passed by the Addl. Sessions Judge, Ghaziabad. Sri N.C. Jain, in Crl. Appeal No. 8 of 1986 in afirmation of the above mentioned conviction and sentence both have been challenged in this revision by the applicant.3. Brief facts of the case are that the Food Inspector, P.C. Gautam took a sample of Asafoetida (Heeng), 30 gms. from the applicant, on payment of Rs. 9/- as its price. The inspector after completion of all the formalities, i.e. preparation of Form VI, sealing of the sample, signatures of the applicant over the slips pasted on the seal etc. sent one...
Ram Pal Singh Vs. State Transport Appellate Tribunal and Another
Court: Allahabad
Decided on: Nov-22-2000
Reported in: I(2001)ACC372; 2001(1)AWC200
O. P. Garg, J.1. The dispute relates to the route known as Sector-8 NOIDA, 8-10, 8-9, 5-6, 1-2, 2-15, 3-16, 3-19, 4-19, 9-20, 20-21, 25-26, 26-31, 26-30, 27-28 National Botanical Garden, Sector 38-44, 40-43, 41-42 NEPZ-Kulesra-Surajpur-Dadri and back Surajpur-Kasna-Bilaspur. Fourteen persons including the petitioner have been granted permits by respondent No. 2 to ply their City Buses on the route. It appears that certain complaints were made that the permit holders were not serving a part of the route, i.e., in between Surajpur-Dadri and back and Surajpur-Kasna-Bilaspur. The matter came up for consideration in the meeting of the R.T.A. held on 12.5.2000 and 31.5.2000 an order (Annexure-6) was passed by the R.T.A. curtailing 9 kms. route from Surajpur to Dadri by invoking the provisions of Section 72(2)(xxii) of the Motor Vehicles Act (hereinafter referred to 'the Act'). The effect of this order has been that all the 14 permit holders who were operating their buses are not now entitled...
Rakesh Chandra Sharma Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-22-2000
Reported in: 2001(1)AWC238; [2001(88)FLR146]; (2001)1UPLBEC131
V. M. Sahai, J.1. Janta Uchchatar Madhyamik Vidyalaya. Arkauli, Moradabad (In brief institution) was recognised on 26.4.1968 as Higher Secondary School. It was taken in grant-in-aid list under The Uttar Pradesh Junior High Schools (Payment of Salaries to Teachers and Other Employees) Act. 1978 (in brief Act 1978) with effect from 1.5.1979. The institution was upgraded and granted unaided recognition as High School on 24.9.1993. Permission to open class-lX was granted on 4.12.1993. After upgradation of the institution as High School, a writ petition was filed before this Court being Civil Misc. Writ Petition No. 947 of 1995 and under the interim order of this Court dated 11.1.1995, salary of teachers and staff of the institution is being paid from the grant-in-aid received by the institution under Act 1978, till the institution is brought in the grant-in-aid list of High School. 2. After upgradation of the institution as High School, one clerk working in the institution was dismissed fr...
Betu Prasad and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-21-2000
Reported in: 2001(1)AWC196; [2001(88)FLR138]; (2001)1UPLBEC475
A. K. Yog, J. 1. Betu Prasad, Ram Swarup, Rajju and Smt. Urmila (Petitioner Nos. 1, 2, 3 and 4) approached this Court by filing present writ petition under Article 226 of the Constitution of India praying for a writ of certiorari quashing appointment letters in favour of respondent Nos. 4. 5 and 6 issued by respondent No. 3, Principal, State Ayurvedik College and Hospital Attarra, district Banda (Annexures 6, 7 and 8 to the writ petition) alleging, inter alia, amongst others that petitioner No. 1 was engaged as daily wager in the year 1984-85, petitioner No. 2 on 1.10.1986 and petitioner No. 3 on 8th July, 1981 and Smt. Urmila on 1.7.1982, and they have been working continuously except few artificial breaks and were paid wages. Respondent Nos. 4, 5 and 6 have been appointed subsequently against temporary sanctioned posts without considering the case of the petitioners and hence feeling aggrieved, these petitioners seek regularization of the employment, payment of salary as such and qua...
Amit Kumar Vs. District Inspector of Schools, Jaunpur and Janother
Court: Allahabad
Decided on: Nov-21-2000
Reported in: 2001(1)AWC242; (2001)1UPLBEC481
V. M. Sahai, J.1. The Short question that arises for consideration in this petition is whether the provisions of Regulation 101 of Chapter III of the Regulations framed under U. P. Intermediate Education Act, 1921, requiring the appointing authority not to fill a vacancy of a non-teaching post in an aided and recognised institution except with the prior approval of District Inspector of Schools is mandatory or directory. 2. One Ram Lala Singh was working as Junior Clerk [in brief clerk) in an aided and recognised institution Balika Inter College, Shahganj, Jaunpur (in brief institution). In the institution, there was only one sanctioned post of clerk. Ram Lala Singh was due to retire on 31.7.2000. He took medical leave from 19.6.2000 to 31.7.2000. The Committee of Management (in brief Management) sent a letter on8.1.2000 to District Inspector of Schools (in brief D.I.O.S.) that since Ram Lala Singh was due to retire on 31.7.2000, permission be granted to fill the post of clerk. An adve...
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