Allahabad Court May 2001 Judgments
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Subhash Chandra Sharma Vs. U.P. Co-operative Spinning Mills and ors.
Court: Allahabad
Decided on: May-08-2001
Reported in: (2001)2UPLBEC1475
M. Katju, J.1. Heard learned Counsel for the parties.2. The petitioner is challenging the impugned termination order dated 23.7.1998 and the appellant order dated 29.10.98. The petitioner was employed as Deputy Manager of U.P. Co-operative Spinning Mills, Kanpur. He was charge-sheeted by order dated 24.6.98 vide Annexure 15 to the petition. He submitted his reply dated 5.7.98 vide Annexure 17 to the petition. Thereafter it is alleged in para 4 of the supplementary affidavit that after the petitioner gave reply he was not communicated any date for the enquiry and straight away a show cause notice dated 9.7.98 was issued to him vide Annexure 19 to the writ petition. The petitioner gave his reply dated 19.7.98 to the show cause notice. Thereafter the impugned dismissal order dated 23.7.98 was passed vide Annexure 21 to the petition.3. A supplementary affidavit has been filed in which it has been alleged in para 4 that the petitioner was given charge-sheet and he was allowed to see the req...
Chandra Bhan Shukla Vs. the Secretary, Regional Cane Service Authority ...
Court: Allahabad
Decided on: May-08-2001
Reported in: (2001)3UPLBEC2175
Sunil Ambwani, J.1. Petitioner Chandrabhan Shukla while working as Seasonal Clerk as Sachiv,' Sahkari Garma Vikash Samiti Limited, Ramkola (P) was served with show-cause notice on 7.12.1989 levelling specific charges of issuance of excess supply of tickets than the prescribed limit.2. The petitioner submitted a reply on 20.12.1998 specifically stating that he has not committed any irregularity. In respect of Sri Pawan he stated that after the Cane Supervisor prepared the account of Sri Pawan and the report of credit was prepared he stopped issuing purchi. In respect of Sri Rajesh Kumar he stated that the account of 56 trolly was prepared in which 53 purchies were issued whereas old balance was about Rs. 53,000/-. and in respect of Sri Shiv Saran it was found that remaining purchase was not adjusted and that the applicant was not informed about this any further. The petitioner made an application on 17.1.1990 that he cannot fully and eventually replied to the charges and that the copy o...
Mahesh Kumar Verma Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-07-2001
Reported in: [2001(90)FLR163]; (2002)ILLJ904All; (2001)2UPLBEC1874
M. Katju, J. 1. Heard learned counsel for the parties.2. The petitioner has challenged the impugned termination order dated 21.6.2000. Learned standing counsel Sri H. R. Mishra states that the said termination order is appealable under Regulation 31 of Rani Lakshmi Bai Kshetriya Gramin Bank Staff Services Regulation. 1982.3. Learned counsel for the petitioner submits that since the allegation of the petitioner is that the impugned termination order was passed without holding enquiry against the petitioner, hence alternative remedy should not be a ground for dismissing the petition. We do not agree. Learned counsel for the petitioner invited our attention to the decisions of the Supreme Court in Institute of Chartered Accountants of India v. L. K. Ratna, AIR 1987 SC 71 (at para 17) ; Babu Ram v. Zila Parishad. AIR 1969 SC 556 ; S.T.O. v. Shiv Ratan, AIR 1966 SC 142 etc.4. In our opinion, learned counsel for the petitioner has not correctly understood the aforesaid decisions. These decis...
Committee of Management, Gandhi Smarak Inter College, Agra and Another ...
Court: Allahabad
Decided on: May-04-2001
Reported in: 2001(2)AWC1464; (2001)2UPLBEC1347
V.M. Sahai, J.1. The short question that arises for consideration in this petition is whether the District Inspector of Schools could pass an order of single operation of account under Section 5 (1) of the Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act. 1971 because recognition of the newly elected Committee of Management and attestation of the signatures of the Manager was pending before the Regional Committee constituted under the Government Order dated 19.12.2000?2. The election of the Committee of Management. Gandhi Smarak Inter College, Jaingara. Agra (in brief management) was held on 12.1.2001. The management, which was functioning since earlier election, was re-elected. Shri Jal Singh who had been continuously elected as Manager since 1989 was re-elected. The papers were submitted by the re-elected management in the office of the District Inspector of Schools (in brief D.I.O.S.) on 15.1.2001 for granting recognition ...
Kanhaiya Lal and Another Vs. State of U.P. and Another
Court: Allahabad
Decided on: May-04-2001
Reported in: 2001(2)AWC1518; (2001)3UPLBEC2080
ORDERBinod Kumar Roy and Lakshmi Bihari, JJ.1. Following prayers have been made in this writ petition by the two petitioners, who are related as Grandfather and Grandson respectively :(i) to quash the order dated 17.6.1995 passed by Collector. Farrukhabad (as contained in Annexure-17) : (ii) to command respondent No. 1. State of U.P. which has been sued through the District Magistrate. Farrukhabad, to Issue a certificate of dependant of Freedom fighter ; (iii) to issue any writ, order or direction as may be deemed fit and proper, and (iv) to award costs. 1.1. A perusal of the impugned order shows rejection of the petition dated 17.5.1995 filed by the Petitioner No. 1 before the Collector, Farrukhabad (as contained in Annexure-15) for issuing a certificate that his Grandson Hari Narain Sharma (petitioner No. 2 herein) is actually dependent on him.2. The case of the Petitioners, in substance, is as follows :Since his childhood the petitioner No. 2 has been living with petitioner No. 1 as...
Ram Dulare and Others Vs. State of U.P and Others
Court: Allahabad
Decided on: May-04-2001
Reported in: 2001(3)AWC2115
M. Quddusi, J.1. Heard learned counsel for the petitioners and thelearned standing counsel.2. This writ petition has beenfiled against the order dated17.3.2001 passed by the AdditionalCollector in Case No. 2/5/26/26/32under Section 122 C (6) of theU.P.Z.A. and L.R. Act. by means ofwhich the allotment of the land tnquestion had been cancelled whichwas made in favour of the petitionersand the allotted land of thepetitioners is on road side. It appearsto be commercial one, while theallotment was made for the purposeof the construction of residence asthe petitioners are poor persons. Thepetitioner Nos. 1 and 2 belong toScheduled Castes and petitioner Nos.3 and 4 belong to Other BackwardClass. They are poor and needypersons. 3. Considering the facts and circumstances of the case, if once allotment was made in favour of the petitioners and thereafter it was cancelled, then it is the duty of the Land Management Committee as well as the S.D.O./Assistant Collector to provide an alternative land...
Kesh Dutt Pandey Vs. Senior Regional Manager, F.C.i. and Others
Court: Allahabad
Decided on: May-03-2001
Reported in: 2001(2)AWC1546; (2001)2UPLBEC1364
Yatindra Singh, J.1. The writ petition involves with the Interpretation of Regulations 67 and 68 of the Food Corporation of IndiaStaff Regulations. 1971 (the Regulations). The question is whether an appeal lies against the order of dismissal under Regulation 68 (ii) or is it barred under Regulation 67 (ii)? The Facts2. The petitioner was an --employee of the Food Corporation of India (the FC1). He was charge-sheeted on 30.3.2000 for misappropriating of rice stocks during November, 1991. thus causing a financial loss to the FCI. An Inquiry officer was appointed who submitted his report. The inquiry report was served upon the petitioner. He was dismissed from service on 8.2.2001 after considering his explanation. Hence the writ petition. The Parties' Submission3. I have heard Shri Somesh Khare, counsel for the petitioner and Sri Satya Prakash, counsel for the FCI. The respondents have raised preliminary objection that, * An appeal lies against the order dated 8.2.2001 dismissing the peti...
Smt. Shakuntala Goswami Vs. Smt. Saroj Chaudhary and Others
Court: Allahabad
Decided on: May-03-2001
Reported in: 2001CriLJ4405; (2001)2UPLBEC1359
S. Harkauli, J.1. I have heard Sri T.P. Singh, senior advocate, who appeared for the petitioner before lunch and who desired that this case should be finally disposed of today Itself. After lunch Sri T.P. Singh did not appear and Sri P.K. Goswami advocate representing the petitioner stated that he would argue the case. I have heard him also at great length. The relevant facts appearing from the available record are as follows. 2. The petitioner was a teacher in the Government Girls Intermediate College, Phaphamau, district Allahabad. She was transferred by order dated 18.7.2000 to the Government Girls Higher Secondary School, Tharwai, district Pratapgarh. She filed a writ petition being Writ Petition No. 31852 of 2000 in which this Court passed the following interim order : 'As an interim measure, it is provided that in case the impugned order dated 18.7.2000 (Annexurc 3 to the petition) has not already been given effect to in accordance with law. the operation thereof shall remain sta...
Saurabh Kumar Vs. State of U.P. and Another
Court: Allahabad
Decided on: May-03-2001
Reported in: [2001(90)FLR283]; 2001LabIC3928; (2001)2UPLBEC1848
M. Katju, J.1. This writ petition has been filed with a prayer for mandamus directing the respondents to designate the petitioner as Lecturersince the date of his initial appointment as Instructor, i.e.. 24.4.1992 and to pay salary and other consequential benefits accordingly with retrospective effect. The petitioner has also prayed that he should be given the benefit of the G.O. dated 17.10.98 with retrospective effect,2. We have heard learned counsel for the parlies.3. The petitioner was appointed on 24.4.92 as Instructor in J.K. Institute of Applied Physics and Technology, University of Allahabad (hereinafter referred to as the Institute) after a selection by a Selection Committee as stated in para 3 of the petition and since then he has been continuing in service as such. In para 4 of the petition, it is stated that the pctilioner has a good academic record and he got first division upto to B. Tech. Degree which he obtained in 1990. In para 5 of the petition, it is stated that the ...
Ashok Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-03-2001
Reported in: 2002(1)AWC318
S. H. A. Raza and R. D. Shukla, JJ.1. Being aggrieved against the order of detention dated 27.11.2000 passed by the District Magistrate, Sitapur under Section 3(2) of the National Security Act, the petitioner has invoked the extra-ordinary jurisdiction of this Court by filing the writ petition in the nature of habeas corpus under Article 226 of the Constitution of India.2. The grounds of detention disclose that on 14.11.2000 at 9.05 a.m., an information was received by the police, through some body that at mill gate No. 98B, a passenger train, which was going to Lakhimpur, was stopped by some of the workers of Subhas Sena having red banners in their hands and were creating disturbance. On receiving such information, an entry was made in the case diary and Inspector incharge Shailendra Kumar along with other police personnel reached the spot to maintain peace. During that period, the Station-Master informed that Train No. 172 down was standing at mill gate crossing, upon which certain p...
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