Allahabad Court November 2000 Judgments
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Prem Shanker Awasthi Vs. District Inspector of Schools, Kanpur Dehat a ...
Court: Allahabad
Decided on: Nov-21-2000
Reported in: 2001(1)AWC240; [2001(88)FLR983]
A. K. Yog, J.1. Heard Ms. Manju Chauhan, learned counsel for the petitioner. Shri V. N. Agrawal, learned standing counsel on behalf of respondent No. 1 and learned counsel representing respondent Nos. 2 and 3.2. Prem Shanker Awasthi-petitioner was appointed as Class-IV employee by one Shri Jagdish Prasad Tripathi, Principal of a recognised educational institution namely - Shri Pathik Shiksha Parishad Inter College. Sadh, district Kanpur Dehat (called 'the College') after its upgradation to Intermediate level on 4th August, 1977. From the averments in the writ petition, it is apparent that Shri Jagdish Prasad Tripathi, aforesaid Principal was brought into the college by transfer from another institution against the wishes of the then Manager. In-flght between the two rival groups over right to manage the institution and anxiety of the respective group to have 'yes-man' in the office of the Principal of the college, eclipsed the posting of Jagdish Prasad Tripathi as Principal. On the oth...
Rajendra Pal Singh Vs. U.P. Sahakari Gram Vikas Bank Ltd. and Others
Court: Allahabad
Decided on: Nov-17-2000
Reported in: 2001(1)AWC546; (2001)1UPLBEC894
Bhanwar Singh, J.1. The petitioner has invoked this Court's jurisdiction under Article 226 of the Constitution of India. He has prayed for a writ in the nature of certiorari to quash the order dated 11.11.1999 whereby he was dismissed from service. Another writ in the nature of mandamus commanding the opposite parties to reinstate him with all arrears of his salary and other consequential benefits has also been sought for.2. According to the factual matrix of the case, the petitioner was appointed as Accountant in the year 1969 in U. P. Sahakari Gram Vikas Bank Ltd., then known as U. P. Sahakari Bhumi Vikas Bank. He was promoted as Field Officer in the year 1973. Since the payscale of the Field Officer and the Accountant was one and the same, he was again placed in the cadre of Accountants in the year 1996 and since then he was continuously working on the said post. He looked after the work of the Field Officer as well. In the year 1994, he was served with a notice to explain regarding...
Smt. Durga Devi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-17-2000
Reported in: 2000(3)AWC2078
R. H. Zaidi and Bhanwar Singh, JJ. 1. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for Issuanceof a writ, order or direction in the nature of mandamus commanding the opposite parties not to demolish the construction raised by the petitioner in accordance with the map submitted by her to Nagar Palika, Unnao and to restrain them from realising compounding fee from her. Prayers for declaring the provision of Section 32 of the U. P. Urban Planning and Development Act, 1973, ultra vires the Constitution of India and for a writ in the nature of certiorari quashing the impugned notification dated 2.4.1986 have also been made.2. Relevant facts of the case giving rise to the present petition as unfolded in the writ petition, are that the petitioner submitted a building plan along with the notice under Section 178 of the U. P. Municipalities Act, 1916 for short the Act, before Nagar Palika, Unnao on 19.3.1983 for permission to construct a build...
Brajesh Kumar Singh Vs. State of U.P. and Another
Court: Allahabad
Decided on: Nov-16-2000
Reported in: 2001(1)AWC305; (2001)1UPLBEC20
G. P. Mathur, J.1. The petitioner seeks quashing of the order dated 26.8.2000 passed by the State Government whereby he has been disengaged from the post of District Government Counsel (Civil). Ballia.2. The case of the petitioner, in brief, is that he was initially appointed as District Government Counsel (Civil), Ballia (hereinafter referred to as D.G.C.), on 15.3.1983 for a period of one year. On account of his satisfactory performance, his appointment was extended for a period of three years by the order dated 7.6.1984. After the expiry of the term on 1.4.1987, a panel of names was sent by the District Magistrate in consultation with the District Judge, Ballia, in which the name of the petitioner was on the top. The Government did not act upon the recommendation of the District Magistrate, and three panels were sent in the period 1987 to 1989 and finally the Government acted on the 4th panel and appointed the petitioner as D.G.C. for one year on 1.9.1989. Before the expiry of the t...
Ganga DIn and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Nov-16-2000
Reported in: 2001CriLJ1762
S.K. Agarwal, J.1.This appeal arises from a judgment and dated 10-3-1981 passed by the III Additional Sessions Judge, Hamirpur, Sri R.R. Jatav, in S.T. No. 303A of 1974 convicting the appellants Under Section 392, I.P.C. and sentencing each one of them to four years R.I.2. Brief facts of the case are that on the night intervening 30/31-8-1973 at about 8.30 p.m. six persons, who were moving on a Tanga from Kabrai triangular crossing to Railway Station Kabrai, were robbed of their belongings (cash and jewellery) by four miscreants, i.e. the present appellants and one another, at pistol point in the light of the torch that was possessed by Jai Ram Singh. In the said robbery the miscreants had taken away cash worth Rs. 604/- from Ram Sunder Singh and a golden chain weighing 1-1/2 tolas and the torch from Jai Ram Singh. This torch belonged to Ram Sunder Singh. His name was inscribed on it. They had also taken away Rs. 4/- from Bhagwan Das, Rs. 54/- from Jhandu and Rs. 6/- from an unknown ol...
U.P. Judicial Services Association and Others Vs. State of U.P. and Ot ...
Court: Allahabad
Decided on: Nov-15-2000
Reported in: 2001(1)AWC34; (2001)1UPLBEC502
Binod Kumar Roy and S. K. Jain, JJ.1. Three-fold prayers have been made in this writ petition filed by U. P. Judicial Services Association of the State through its President and six Judicial Officers, who are posted in the judgeship of Bhadohi at Gyanpur praying to command the respondents particularly respondent No. 4, the Joint Director, Treasury Camp Office, Treasury Directorate, Navin Koshagar Bhawan, Katchery Road, Allahabad to pay to the petitioner Nos. 2 to 7, (i) arrears of difference of the amount borne out by petitioner Nos. 2 to 7 towards house rent for their private accommodations and the house rent allowances equivalent to 12.5% of their basic salary since they are occupying private accommodations, together with interest at the rate 18% per annum, (ii) the current actual house rent which they are paying to their landlords for occupying private accommodations, and (iii) the petitioners be paid special cost for prosecuting this case.2. Their case is as follows :In the old dis...
Praveen Kumar Pandey Vs. State of U.P. and Another
Court: Allahabad
Decided on: Nov-15-2000
Reported in: 2001(1)AWC543
I. M. Quddusi, J.1. Heard learned counsel for the petitioner and learned standing counsel. 2. By means of the present petition, the petitioner has prayed for issuing a writ in the nature of mandamus commanding the Opposite Parties to give appointment to the petitioner on compassionate grounds under U. P. Recruitment of Dependants of Government Servants Dying-in-Harness Rules, 1974 (hereinafter referred to as the Rules). 3. Briefly stating the facts giving rise to this writ petition are that the father of the petitioner who was working as Medical Officer, P.H.C. Panwara, district, Jaunpur in pursuance of his appointment letter dated 12.7.1988 (Annexure-2 to the writ petition) died on 9.11.1989 leaving behind him the petitioner (son) wife Smt. Sumitra Devi and one daughter. The petitioner and his mother gave several applications to the opposite parties for appointment on compassionate grounds under theaforesaid Rules. The Director, Ayurvedic and Unani Services, U. P., Lucknow rejected th...
Committee Fo Management, Sri Ram Janki Intermediate College and Anothe ...
Court: Allahabad
Decided on: Nov-13-2000
Reported in: 2001(1)AWC122; (2001)1UPLBEC496
O. P. Garg, J.1. The dispute relates about the continuance and functioning of Sri Dharam Raj Chaudhary-respondent No. 5 as the Principal of Sri Ram Janki Intermediate College, Girdharpur, Kungai. Siddharthanagar. The facts leading to the present writ petition are as follows :There is an institution known as Sri Ram Janki Intermediate College, Girdharpur, Kungai, Siddharthanagar which has been upgraded from time to time and now has acquired the status of an intermediate college. Sri Dharam Raj Chaudhary-respondent No. 5 was admittedly appointed as the Principal of the college. On account of certain allegations of squandering of the huge amount of the college and commission of various other irregularities, he was placed under suspension by the Committee of Management by order dated 10.1.1981. After due enquiry, he was dismissed from service on 1.9.1981. The relevant papers were sent for approval to the Basic Siksha Adhikari who refused to accord necessary approval as required by law by o...
Dharam Vir Agrawal Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-13-2000
Reported in: 2001(1)AWC135; (2001)1UPLBEC141
S. K. Sen, C.J.1. We have heard Shri B. B. Pandey, Shri Ravindra Singh, learned advocates for the petitioner and Shri R. P. Goel, learned Advocate General for the State and Shri Aditya Narayan, learned counsel for the State Election Commission.2. Learned counsel for the petitioner has urged that nomination paper of the petitioner for the post of President has been wrongly rejected on the ground that he has not reached the age of 30 years which is a prescribed age for the post of President. He has also referred to Article 243V of the Constitution of India which provides as follows :'243V. Disqualification for membership.--(1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality :(a) If he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned :Provided that no person shall be disqualified on the ground that he is less than twenty-five yearsof age, if he has attain...
Sabban Vs. State of U.P.
Court: Allahabad
Decided on: Nov-13-2000
Reported in: 2001CriLJ2085
ORDERS.K. Agarwal, J.1. Heard learned counsel for the applicant and learned A.G.A.2. So far as conviction Under Sections 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the 'Act') for not giving the sample whereby the applicant was held guilty for the violation of the provisions of Section 16(1)((c) and (1)(d) is concerned, the evidence of PW 2 coupled with the evidence of DW 1 clinches the issue in favour of the applicant that neither he was carrying on the business of grocery nor he had any such shop. His defence that he was engaged in watch repairing work is borne out from the evidence available on record.3. PW 2 is the independent witness of the prosecution. He has admitted in so many words in the examination-in-chief as well as in cross-examination that the applicant had informed the Food Inspector that the shop does not belong to him. He may take the sample from its owner, who is not present at the shop, on his return. The Food Inspector and this witne...
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