Allahabad Court December 2000 Judgments
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Rajendra Singh Vs. District Inspector of Schools, Fatehpur and Others
Court: Allahabad
Decided on: Dec-11-2000
Reported in: 2001(1)AWC767; (2001)1UPLBEC701
V. M. Sahai, J.1. Adarsh Janta Inter College, Aung, Fatehpur (in brief institution) is an un-aided and recognised institution imparting education upto class-VIII. In 1994, the institution was upgraded to High School and again it was upgraded to Intermediate in 1996. The institution is an un-aided institution and it was never in the grant-in-aid list of the State Government. The petitioner was appointed as Assistant Teacher in the institution on 1.7.1992 and no appointment letter was issued to him. It is alleged that salary of the petitioner is not being paid by the respondents. In the year 1998 in the identity card issued to the petitioner, it is stated that the petitioner was appointed on 1.7.1998 as Hindi Lecturer. It has been stated in paragraph 12 of the writ petition that the petitioner has been disengaged by respondents with effect from March, 2000. This writ petition has been filed for a direction to respondent Nos. 2 and 3 to permit the petitioner to function as lecturer in the...
Smt. Usha Wahi Vs. District Inspector of Schools, Meerut and Others
Court: Allahabad
Decided on: Dec-08-2000
Reported in: 2001(1)AWC349; (2001)1UPLBEC455
V. M. Sahai, J.1. These are three writ petitions, one filed by officiating Principal of Arya Kanya Inter College, Sadar, Meerut. seeking mandamus for direction to respondents to refrain from interfering in her functioning as Principal till regular selection is held by the Selection Board. The second and third writ petitions have been filed by the selected candidate, one to restrain the earlier Principal from taking over as permanent Principal as she had retired before the appointment letter was issued to her and second to restrain the respondents from holding fresh selection.2. In Arya Kanya Inter College, Sadar, Meerut (in brief institution) one Smt. Shakuntala Garg was working as permanent Principal. She retired on 30.6.1990. The next seniormost lecturer Smt. Subhashni Gupta was appointed as ad hoc Principal on 1.7.1990. The management sent a requisition through the District Inspector of Schools to U. P. Secondary Education Services Commission to fill the post of permanent Principal....
U.P. State Road Transport Corporation Vs. U.P. Public Services Tribuna ...
Court: Allahabad
Decided on: Dec-08-2000
Reported in: 2001(1)AWC362; (2001)ILLJ971All; (2001)2UPLBEC1120
Binod Kumar Roy and U. S. Tripathi, JJ.1. The prayer of the petitioner is to quash the judgment and order dated 13.7.1988 passed by the U. P. Public Services Tribunal, (respondent No. 1) in Claim Case No. 335/T/V/80 (as contained in Annexure-10).2. A perusal of the impugned order shows that the claim petition filed by respondent No. 2 for setting aside the order dated 20th May, 1976, passed by the Asstt. Regional Manager of the petitioner, terminating the services of respondent No. 2 as aConductor has been allowed on the ground that the Asstt. Regional Manager lacked authority with a further direction that he shall be deemed to be continued in service with all consequential benefits in relation to pay and other allowances etc.3. With reference to the statements made in paragraph Nos. 19 to 24 of the writ petition, it was contended by Sri Samir Sharma, learned counsel of the petitioner, that the Tribunal has committed a jurisdictional error in recording the finding of lack of authority ...
Digvijay Chemicals Ltd. Vs. Assistant Commissioner of Income-tax
Court: Allahabad
Decided on: Dec-08-2000
Reported in: (2001)167CTR(All)299; [2001]248ITR381(All); [2001]118TAXMAN1(All)
1. This is an appeal under Section 260A of the Income-tax Act, 1961, against the order of the Income-tax Appellate Tribunal, Delhi, dated August 31, 1999. The appeal was admitted on the following questions of law : '1. Whether the authorised officer in the case of Bhagat Industrial Corporation and R.D. Bhagat having not handed over the books of account and other papers pertaining to the appellant to the Assessing Officer of the appellant in accordance with Section 132(9A) of the Income-tax Act, 1961, such books of account and documents could not be handed over to the Assessing Officer of the appellant under Section 158BD of the Act 2. Whether the Deputy Commissioner of Income-tax, Amritsar, had lawful satisfaction as mentioned in Section 158BD before handing over the books of account and documents to the Assessing Officer of the appellant 2A. Whether such satisfaction is legally required to be recorded in writing ? 2B. Whether before recording such satisfaction as is mentioned in Sec...
Ram Naresh Yadav Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-08-2000
Reported in: 2001CriLJ2479
ORDERNaseemuddin, J.1. This revision has been filed by Ram Naresh Yadav against order dated 28-7-1994 passed by Special Judge, Unnao in Criminal Case No. 17 of 1993 whereby application 12 Kha of the Opposite Party No. 1-State of U.P. moved through the Public Prosecutor for withdrawing from the prosecution in compliance with the orders of the State Government dated 11-4-1994 was rejected.2. Learned counsel for the parties was heard and the record of the trial Court was perused.3. An application was moved by the Assistant D.G.C.(Criminal), Unnao on 21-5-1994 before the learned Special Judge, mentioning that by virtue of order dated 11-4-1994 of the State he wanted to withdraw from the prosecution in public interest and that the prosecution did not want to prosecute the case and, therefore, the case be dropped. The learned Special Judge found that in this case punishable under Section 3/7 of the Essential Commodities Act the case was ripe and the case was fixed for statement, of the accus...
S.N. Singh Gautam Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-07-2000
Reported in: 2001(1)AWC17; (2001)1UPLBEC552
S. R. Singh and D. R. Chaudhary, JJ.1. Nidus of the controversy involved in this bunch of writ petitions is the placement of S. C. Mal, K. C. Saxena, etc. in the seniority list of Entertainment and Betting Tax Inspectors, Grade II qua the petitioners herein.2. In some of the writ petitions, the seniority list dated 28.10.1991 is sought to be quashed, inter alia, on the ground that the aforestated officers amongst others, who were initially appointed as Entertainment and Betting Tax Inspectors, Grade II on deputation have been wrongly placed to rank above the petitioners in the seniority list, albeit, the fact that the petitioners were appointed directly in consultation with the Public Service Commission anterior to the regularisation of the services of the aforestated officers in the cadre of Entertainment and Betting Tax Inspector, Grade II.3. Amongst other reliefs claimed in some of the petitions, the reliefs of quashing the seniority list of Assistant Commissioner Entertainment Tax ...
Board of Management Dayanand College of Law, Kanpur Nagar Vs. State of ... Overruled
Court: Allahabad
Decided on: Dec-07-2000
Reported in: 2001(1)AWC190; (2001)1UPLBEC440
S. R. Singh and D. R. Chaudhary, JJ. 1. By means of the present petition, the petitioners have sought the relief of a writ of quo-warranto-setting aside the appointment and removing the 4th respondent from the office of the Principal, Dayanand College of Law. Kanpur and also a writ, order or direction in the nature of certiorari quashing the recommendations of the respondent No. 2 dated 3.8.1995 and the order of appointment dated 11.12.1995 made in favour of 4th respondent.2. Dayanand College of Law, Kanpur [In short the 'College'] comes within the purview of the U. P. Higher Education Services Commission Act, 1980. To begin with, vacancy in the post of Principal of the College waspublicised on 31st January, 1995. The 4th respondent, who was one of the applicants for the post in question, was recommended by the Higher Education Services Commission vide notification dated 3.8.1995 and as a sequel thereto, the Board of Management of the College issued appointment letter dated 11.12.1995 ...
Ashok Kumar Tiwari Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-07-2000
Reported in: 2001(1)AWC354
V. M. Sahai, J.1. In Jawahar Inter College, Gohan, district Jalaun (in brief institution) one post of head clerk and three posts of assistant clerks are sanctioned. Atar Singh Yadav was working as head clerk. Om Prakash Tiwari, Om Prakash Tripathi and Kailash Narayan were working as assistant clerks. Kailash Narayan died in harness on 6.1.1998. His son Narayan Swarup was appointed on 1,9.1998 under the dying-in-harness rules. The appointment is not under challenge. Atar Singh Yadav head clerk retired on 31.12.1998. Om Prakash Tiwari was promoted as head clerk on 8.2.1999. One post of assistant clerk fell vacant. The management decided to fill the post by direct recruitment. It issued an advertisement on 16.10.1999. The petitioner was selected. He was appointed as assistant clerk on 25.11.2000. His appointment was approved on 13.1.2000 by District Inspector of Schools. Jalaun at Oral (in brief DIOS). Bhagwat Sharan Tiwari the respondent No, 4 filed Civil Misc. Writ Petition No. 53571 of...
Siya Devi and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-07-2000
Reported in: 2001(1)AWC375; (2001)2UPLBEC1392
Shyamal Kumar Sen, C.J.1. Heard learned counsel for the parties.2. In the instant writ petition, the petitioner is aggrieved by further calling of the meeting of the members of Board of Directors by the District Magistrate. According to the petitioner, further calling of the meeting within three months is contrary to Rule 464 of the U. P. Co-operative Societies Rules, 1965 (hereinafter referred to as the Act) which provides as follows :'464. If the motion for no confidence fails for want of quorum or lack of requisite majority at the meeting, no subsequent meeting for considering the motion of no-confidence shall be held within six months of the date of the previous meeting.'3. It appears on proper interpretation of Rule 464 of the Rules that if the motion for no-confidence fails either for want of quorum or lack of requisite majority, there is no scope for calling any subsequent meeting for considering motion of no-confidence again within six months from the date of the previous meeti...
ismail Khan Vs. State of U. P. and Another
Court: Allahabad
Decided on: Dec-07-2000
Reported in: 2001(1)AWC463
Sudhir Narain, J.1. This writpetition is directed against the order dated 5th August, 2000, passed by the State Government (respondent No. 1) whereby the petitioner has been removed from the office of the President, Nagar Panchayat Farah, district Mathura in exercise of powers under Section 48 (2A) of the U. P.Municipalities Act. 1916 (hereinafter referred to as the Act).2. Briefly stated the facts are that the petitioner was elected as the President (Adhyaksh) of Nagar Panchayat Farah in district Mathura. On a complaint received against the petitioner, the State Government issued a show cause notice to him under Section 48 (2A) of the Act asking him to submit his explanation regarding the charges levelled against him. In the said notice, seven charges were shown to have been committed by the petitioner. The first charge was that the police arrested the petitioner on 16th May, 1998, in Crime Case No. 96 of 1998 under Sections 121, 121A, 122, 201 and 212, I.P.C. which amounted to involv...
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