Allahabad Court December 2000 Judgments
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D.K. Joshi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-20-2000
Reported in: 2001(1)AWC757
ORDERBinod Kumar Roy and A. K. Yog, JJ.1. The prayer of the petitioner is to command the respondents (i) to restrain the Chief Medical Officers of this State to act as Licencing and Controlling Authority, who are not qualified under the Drugs and Cosmetic Rules, 1945, framed under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the Rules and the Act respectively for the sake of brevity) ; (ii) to cancel the licences issued to such persons who are not qualified under the Rules after 12th April, 1989 ; and (iii) to award costs to him. 2. The petitioner claims to be a social worker and having interest in the welfare of the public at large specially for those of the district Agra who arc being subjected to consumption of drugs distributed by such persons who are not authorised to distribute the same under the law ; he has no rivalry-direct or indirect-against the respondents nor is connected in any manner with them ; the Act contemplates to regulate the import, manufacture, d...
Chandra Shekhar Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-20-2000
Reported in: (2001)2UPLBEC1100
Pradeep Kant, J.1. The petitioner, who was working in the Forest Department of the Government of U.P., being aggrieved by an order of compulsory retirement dated 15th February, 1992 purported to be passed in exercise of power under Fundamental Rules 56-C, has approached this Court under Article 226 of the Constitution of India.2. The petitioner was initially appointed as Forest Ranger on 1.4.1967 and thereafter he was promoted to the next higher post of Assistant Conservator of Forests vide order dated 14.7.1978. The petitioner was also selected for promotion to the post of Assistant Conservator of Forests by the Public Service Commission, U.P. and in view of the selection he was continuing on the said post. The order of compulsory retirement dated 15.2.1992 is contained in Annexure-1 to the writ petition which reads that the petitioner is being retired 'in public interest'.3. Learned Counsel for the petitioner while putting his challenge to the order of compulsory retirement submitted...
Kashi Prasad Sharma Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-19-2000
Reported in: 2001(1)AWC565; (2001)1UPLBEC892
S. K. Sen, CJ.1. We have heard Sri H. G. S. Parihar, learned counsel for the appellant and learned standing counsel for the respondents. 2. This appeal is directed against the judgment and order dated 5th July. 1999 passed by the learned single Judge whereby the learned single Judge dismissed the writ petition holding that when thevacancy occurred the petitioner was not eligible for the appointment. 3. Short facts involved in this appeal inter alia are that the petitioner was working as assistant teacher in C.T. Grade and he worked for more than five years. According to him, the vacancy has not yet been filled up and as such he is eligible to be promoted to the post of lecturer in Mathematics. Since the promotion was not granted to him, he filed writ petition being Writ Petition No. 5492 of 1998 (SS). The writ petition was finally disposed of by the order dated 20.2.1999, which reads as under : 'The learned counsel for the petitioner submits that the grievance of the petitioner is not ...
Ran Vijay Singh Chauhan Vs. Joint Director of Education, Jhansi and Ot ...
Court: Allahabad
Decided on: Dec-19-2000
Reported in: 2001(1)AWC744; (2001)1UPLBEC407
V. M. Sahai, J.1. The question that arises for consideration in thispetition filed by seniormost teacher L.T. grade is whether he could be appointed as Lecturer Sociology even though the post which fell vacant was of Lecturer Hindi ; whether the appointment on short-term vacancy ceases on the vacancy becoming substantive ; whether the approval granted by the District Inspector of Schools could be withdrawn or cancelled by him ; whether the joint Director of Education could itself cancel the approval granted by the District Inspector of Schools or he could direct the District Inspector of Schools to cancel it?2. Brahm Vigyan Inter College,Atarra, district Banda is a recognised and aided institution (in brief institution). Two posts of Lecturers were created on 15.12.1975 to be filled by promotion without mentioning any subject for which the posts were created and sanctioned. The third post of Lecturer Sanskrit and Civics was created on 21.12.1976 with a condition that he would also teac...
Yogesh Kumar Vs. State and anr.
Court: Allahabad
Decided on: Dec-19-2000
Reported in: (2001)2UPLBEC1094
V.M. Sahai, J.1. The question that arises in this petition is whether deletion of U.P. Secondary Education Services Commission (Removal of Difficulties) Orders, 1981 by insertion of Section 33-E in U.P. Secondary Education Services Selection Board Act. 1982 (in brief Act) amounts to placing unreasonable restriction on the right of committee of management to fill the substantive or short-term vacancy, and if so, whether it is against the public interest and is violative of Article 19(1)(g) of the Constitution ?2. Sanatan Dharam Inter College, Orai, District Maun is an aided and recognised institution. A substantive vacancy of Lecturer fell vacant on 30.6.1999. It was filled by promotion of Sri Kaushlendra Kumar Sharnia with effect from 31.8.1999. On the same day, the committee of management sent a requisition in the meantime to the Board to fill the substantive vacancy of assistant teacher L.T. grade that fell vacant due to promotion of Sri Kaushlendra Kumar Sharnia. The promotion was a...
Brij Bhushan Sharma Vs. State of U.P.
Court: Allahabad
Decided on: Dec-19-2000
Reported in: 2001CriLJ1384
U.S. Tripathi, J.1. The appellant Brij Bhushan Sharma, having been convicted Under Section 302, I.P.C. for committing murder of his wife and two minor daughters aged about 7 years and 2 years and being sentenced to death, has preferred this appeal against the judgment and order dated 7-1-1999 passed by Sri Chandranath Mishra, Special Judge (Anti Corruption, Gorakhpur) in sessions trial No. 582 of 1997.2. The prosecution story, briefly stated is as below.Appellant Brij Bhushan Sharma original resident of village Khusalpur, P.S. Gulawati, district Bulandshahar was a Constable in Central Industrial Security Force (in brief CISF). His marriage was prefromed with Smt. Vimlesh Sharma (35) deceased, daughter of Chandra Pal Sharma (PW-13) on 29-6-1986. Out of the above wedlock two daughters Indu Sharma (7 years) deceased and Monika Sharma (2 years) deceased were born. During his service the appellant was posted at different places like Gauhati, Burdwan and from 1996 up to the date of occurrenc...
irfan Khan Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-19-2000
Reported in: 2001CriLJ945
G.P. Mathur, J.1. This petition under Article 226 of the Constitution has been filed challenging the order dated 18-11-2000 of Additional District Magistrate (Finance and Revenue), Bahpat. The impugned order is a very short one and it recites that the Station House Officers of different police stations had identified mischievous/criminal elements, who are likely to create disturbance during the forthcoming municipal elections. It further recites that he was satisfied from the report of the S.P. which in turn was based upon the report of the Station House Officers that the petitioner is likely to create disturbance in the forthcoming municipal election and it was not in public interest that he should remain within the limits of the district. Thus holding the petitioner to be a 'goonda' he was externed from the limits of district Baghpat for a period of one month. Though the order does not mention anywhere that the proceedings were drawn under U.P. Control of Goondas Act, 1970 but on the...
Guddu Alias Shamsher Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-19-2000
Reported in: 2001CriLJ1413
G.P. Mathur, J.1. This habeas corpus petition has been filed by Guddu alias Shamsher for quashing the detention order passed against him and setting him at liberty forthwith.2. The District Magistrate, Ghaziabad, passed an order on 6-1-2000 Under Section 3(2) of the National Security Act (hereinafter referred to as,the Act) for detaining the petitioner Guddu alias Shamsher with a view to prevent him from acting in any manner prejudicial, to the maintenance of public order.3. The detention order and also the grounds of detention were served upon the petitioner on the same day, i.e. on 6--1-2000 in jail as he was in judicial custody in respect of an offence being caste Crime No. 235 of 1999 Under Sections 363, 366, 376, IPC and Section 3(l)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of P.S. Ganmukteshwar. The ground of detention relates to an incident which took place at about 12 In the night of 2/3-8-1999. The petitioner along with his companions, arm...
Committee of Management, Intermediate College, Gorai Vs. District Insp ...
Court: Allahabad
Decided on: Dec-18-2000
Reported in: 2001(1)AWC471; [2001(88)FLR373]; (2001)1UPLBEC468
V. M. Sahai, J.1. Shri Bhagwati Prasad Srivastava, the learned counsel for the petitioner states that he be permitted to delete respondent No. 3 from the array of parties. He is permitted to do so during the course of the day. I have heard Shri Bhagwati Prasad Srivastava and Shri R. D. Singh the learned counsel for the petitioner and Shri K. K. Chand learned standing counsel appearing for respondent No. 1 and Shri V. K.Singh holding brief of Shri G. K. Singh appearing for respondent No. 2. Counsel for the parties have agreed that this matter can be disposed of finally at the admission stage without calling for any counter-affidavit. Therefore, this petition is taken up for final disposal at the admission stage.2. This writ petition has been filed by Committee of Management, challenging the orders of the District Inspector of Schools passed on 29.8.2000 and 31.8.2000. Shri Subhash Chandra Dubey was working as officiating Principal in Intermediate College, Gorai, Post Gorai, Varanasi. Se...
Jagdish Chandra Nigam Vs. Scooters India Ltd. and ors.
Court: Allahabad
Decided on: Dec-18-2000
Reported in: [2001(89)FLR798]; (2001)IILLJ1628All; (2001)2UPLBEC1863
1. On the request of the parties that in several other writ petitions, which were filed by the employees of Scooters India Ltd., more or less same question of law is involved as in the Special Appeal No. 48 (S/B) of 1997, although the writ petitions are cognizable by Hon'ble the single Judge but a Division Bench of this Court can hear and decide the writ petitions as well. So the appeal bearing No. 48 of 1997 was clubbed together with all those writ petitions and arguments in the special appeal as well as the writ petitions were heard together. Hence first of all we will deal with the question of fact and law which has arisen in this Special Appeal No. 48 of 1997 an4 thereafter, will consider the case of the petitioners of the writ petitions.2. The Scooters India Limited, Lucknow which is a State undertaking on account of certain financial difficulties which at the relevant time was facing, promulgated a Golden Handshake Scheme known as Voluntary Retirement Scheme by means of which the...
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