Allahabad Court March 2000 Judgments
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Shesh Nath Tripathi Vs. C.O.M., Swami Dayanand Snatak Mahavidyalaya, D ...
Court: Allahabad
Decided on: Mar-01-2000
Reported in: 2000(2)AWC1376; (2000)2UPLBEC1453
D. K. Seth, J.1. Original Suit No. 691 of 1976 was filed before the learned Additional Civil Judge, Junior Division, 7th Court, Deorla. by the plaintiff Shesh Nath Tripathi for declaration to the effect that the plaintiff is entitled to receive all the benefits as lecturer in accordance with statutes of the Gorakhpur University. In the alternative, he had prayed that the defendants be restrained from interfering with the working and not to create any obstruction in receiving all benefits and amenities admissible to him.2. In the plaint, it was pleaded by the plaintiff that the plaintiff was duly appointed as lecturer of Swami Daya Nand Degree College pursuant to an advertisement in July, 1971, after having been selected by the selection committee who had placedthe plaintiff at serial No. 2. The plaintiff represented against the placing of the defendant No. 3 at serial No. 1. He had also represented to the Vice-Chancellor of the University against the principal resulting Into an ill-fee...
Vijai Kumar JaIn Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-01-2000
Reported in: 2000(2)AWC1400; (2000)2UPLBEC1508
M. Katju. J.1. This writ petition has been filed against the impugned order of compulsory retirement dated 22.2.1999 Annexure-3 to the writ petition- The petitioner was appointed as ad hoc Assistant Engineer in the Rural Engineering Service in October, 1972 and was regularised on 14.5.1979. He had put in more than sixteeen years of service when he was served with theimpugned order of compulsory retirement dated 22,2.1999.2. We have heard the learned counsel for the parties.3. It appears that the compulsory retirement was done on the basis of the decision of the Screening Committee. In paragraph 14 of the counter-affidavit the grounds given for passing the order of compulsory retirement are mentioned as follows :'1. The order dated 8.2.1994 directed a recovery of Rs. 74, 994 from the salary of the petitioner and also stopped an increment in the pay scale of Excultive Engineer and awarded censure entry in his character roll for the year 1993-94. 2. Vide order dated 16.10.1986a warning wa...
Madan Singh Vs. Madhwa Nand Joshi and Another
Court: Allahabad
Decided on: Mar-01-2000
Reported in: 2000(2)AWC1639; (2000)2UPLBEC1121
D.K. Seth, J.1. The above appeal has been filed under Rule 47 of the U. P. Zila Panchayat (Election of Adhyaksha and Upadhyaksha and Settlement of Election Disputes Rules), 1994 (hereinafter referred to as the 1994 Rules) against the judgment and order dated 27th October. 1999 passed by the learned District Judge, Pithoragarh in Election Petition No. 146 of 1998. Both the plaintiff Madhwanand Joshi and defendant Madan Singh were elected as Members of the Zila Panchayat (hereinafter referred to as Z.P.) of Pithoragarh. During the term of the Z.P., Pithoragarh by a notification dated 28th October, 1997, the State Government created a new district of Champawat carving out a part from the district of Pithoragarh, By reason of the notification dated 18th April, 1995 issued by the State Government, the elected members of the Z.P., Pithoragarh would continue to Members of Z.P., Champawat untila Z.P., Champawat is established in the new district so created and then they will become members of ...
V.K. Bahadur Vs. State Bank of India and Another
Court: Allahabad
Decided on: Mar-01-2000
Reported in: 2000(2)AWC1617; [2000(85)FLR472]; (2000)IILLJ76All; (2000)2UPLBEC1462
M. Katju, J. 1. This writ petition has been filed against the impugned order of removal dated 10.4.87 Annexure-20 to the writ petition and the appellate order dated 18.6.88 Annexure-23 to the writ petition.2. We have heard learned counsel for the parties. The petitioner was appointed as Probationary officer in the State Bank of India by order dated 11.11.71 vide Annexure-1 to the petition. After completing two years of probation he was posted as a regular Officer at the Johnstonganj Branch of the Bank at Allahabad. Thereafter he was transferred to various branches. While he was posted at the Railway Colony Branch at Gorakhpur in 1983 he was placed under suspension by order dated 26.4.83 vide Annexure-2 to the petition. Subsequently a charge-sheet dated 25.1.84 was served on him vide Annexure-3 to the petition. The petitioner wrote certain letters asking for inspection of certain documents. True copies of these letters are Annexures-3 to 6 to the petition. He received a reply vide Annex...
Committee of Management of Crosthwaite Girls College, Allahabad Vs. Di ...
Court: Allahabad
Decided on: Mar-01-2000
Reported in: 2000(2)AWC1650; (2000)2UPLBEC1218
D.K. Seth, J.1. So far as the Writ Petition No. 19768 of 1997 is concerned, the same was decided by an order dated 3.2.1999. Shri Shared Malviya, learned counsel for the petitioner had filed an application for recalling the said order. After hearing Shri Sharad Malviya, it appears that sufficient ground was made out for recalling the order. The application is allowed and the order dated 3.2.1999 is hereby recalled. The Writ Petition No. 19768 of 1997 is hereby restored to its original file and number.2. This writ petition was listed along with two other writ petitions, namely. Writ Petition No. 2027 of 1999 and Writ Petition No. 23370 of 1997. After the Writ Petition No. 19768 of 1997 is restored, by consent of the parties, the matter is treated as on day's list and taken up for hearingalong with the said two other writ petitions. Shri Sharad Malviya had addressed the Court in Writ Petition No. 2027 of 1999 on behalf of the petitioner and the respondents committee of management of the ...
Ram Dhani Singh Vs. Collector Sonbhadra and Others
Court: Allahabad
Decided on: Mar-01-2000
Reported in: 2000(2)AWC1761; (2000)2UPLBEC1270
Palok Basu, J.1. This bunch of 73 cases, raises important question of law which may be having far reaching consequences, therefore, more than sufficient time was provided to the learned counsel for the parties to ventilate their grievances and respective arguments which all of them have done with great ability.2. On February 24, 1997. 'Shaktinagar Special Area Development Authority (Cess on Mineral Rights) Rules, 1997' (hereinafter referred to as the Cess Rules) having been promulgated through publication in the U. P. Gazette, all the petitioners seem to have been asked to pay Cess in accordance with the Cess Rules and it appears that by the notice of demand the amount so calculated was demanded and the petitioners having not paid the Cess, the recovery proceedings as arrears of land revenue have commenced and each one of the petitioners has rushed tothis Court challenging those recovery proceedings and the citations issued by the recovering authorities for attempting to collect the sa...
Lal Singh Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Mar-01-2000
Reported in: 2001CriLJ3346
ORDERM.C. Jain, J.1. This revision has been filed by the revisionist Lal Singh against the judgment and order dated 27-9-1985 passed by Sri S.K. Mishra, Sessions Judge, Pilibhit dismissing Criminal Appeal No. 62 of 1985 against the Judgment and order dated 4-6-85 passed by 11 Addl. Munsif-Magistrate Special Judicial Magistrate Pilibhit in Criminal Case No. 211 of 1984 convicting him under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the P.F.A. Act') and sentencing him to six months rigorous imprisonment and to pay a fine of Rs. 1000/-. In default of payment of fine he was to undergo further rigorous imprisonment for two months. He was also convicted under Section 7/16 of Prevention of Food Adulteration Act read with Rule 50(1) of Prevention of Food Adulteration Rules, 1955 and sentenced to three months' rigorous imprisonment and to pay a fine of Rs. 500/-. In default of payment of fine he was to undergo further rigorous imprisonment for one...
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