Allahabad Court May 2001 Judgments
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Kaushal Kumar Shukla Vs. the Chief Manager, Punjab National Bank and o ...
Court: Allahabad
Decided on: May-03-2001
Reported in: (2001)3UPLBEC2587
Ashok Bhushan, J.1. Heard Counsel for the petitioner and Sri K. D. Grover, learned Senior Advocate assisted by Sri Ramesh Singh. The petitioner's father was an employee of Punjab National Bank. He died on 20th April, 1997 leaving behind his widow Smt. Madhuri Shukla and two sons namely, Kaushal Kumar Shukla and Sharwan Kumar Shukla. Petitioner made an application to the respondents for his appointment on compassionate ground. The petitioner was considered by the Bank and the Bank vied its letter dated 23rd June, 1998 communicated that the petitioner was not found entitled to be given appointment on compassionate ground in place of his deceased father Ravi Shanker Shukla. The order dated 23rd June, 1998 has been filed as Annexure-I to the counter-affidavit. The order dated 23rd June, 1998 refers and relies on the amount of family pension payable/terminal dues paid, after the death of Sri Ravi Shanker Shukla. The petitioner's Counsel has referred to various clauses in the Scheme which ha...
S.K. Agarwal Vs. Manoj Dalmia and anr.
Court: Allahabad
Decided on: May-03-2001
Reported in: 2001CriLJ3343
ORDERB.K. Rathi, J.1. The Revisionist in all the above three revisions is the sales manager of Diamond Cement Company, Imlai, District Damoh in Madhya Pradesh. The opposite party No. 1 in revision Nos. 1023 of 1993 and 1024 of 1993 was appointed as sales organiser of the said company on 29-4-1988. He was also appointed on 1-10-1988 as clearing, storing and forwarding agent. The company vide letter dated 22-12-1990 directed the opposite party No. 1 to accept the amount from the dealers through drafts and cheques only and not in cash. The opposite party No. 1 in revision No. 1025 of 1993 is brother of opposite party No. 1 in other two revisions.2. From April, 1989 to January, 1991 about 1.35 Matric tons of cement was supplied by the company to the opposite party No. 1. The said cement was sold by the opposite party No. 1. The F.I.R.'s against the opposite party No. 1 were lodged by the revisionist on 24-4-1991 for offences under Section 409, I.P.C. alleging that he has misappropriated a ...
Mohd. Kalaam Akhtar Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: May-03-2001
Reported in: 2002CriLJ272
ORDER1. The National Security Act, 1980 was enacted considering the prevailing situation of communal disharmony, social tensions, extremist activities, industrial unrest and increasing tendency on the part of various Interest parties to engineer agitation on different, issues, it was considered necessary that the law and order situation in the country is tackled in a most determined and effective way. The anti social and anti-national elements including sessionist communal and pro-caste elements and also other elements who adversely influence and affect the services essential to the community pose of a grave challenge to the lawful authority and sometimes even hold the society to ransom.2. Considering the complexity and nature of the problems, particularly in respect of defence, security, public order and services essential to the community, it was felt that the administration would be greatly handicapped in dealing effectively with the same, in the absence of powers of peventive deten...
Pravina Solanki Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-02-2001
Reported in: [2001(89)FLR953]; 2001LabIC3919; (2001)2UPLBEC1354
M. Katju, J.1. This writ petition has been filed against the impugned order dated 2.8.1989, Annexure-8 tothe petition dismissing the petitioner from service and the appellate order dated' 30.11.1989 passed by the D.I.G., Agra and the revisional order dated 24.3.1991 passed by the D.G.P., U. P. as well as the judgment dated 1.6.1995, Annexure-10 to the writ petition passed by the U. P. Public Service Tribunal.2. We have heard learned counsel for the parties. The petitioner was a lady constable in the U. P. Police. After due selection in 1982, she was appointed and in 1986 she was posted at Firozabad, district Agra. In para 2 of the petition, it is alleged that her work and conduct was good and she was awarded good entries. In para 3. It is alleged that in 1983 in the Ml India Police Meet, the petitioner was awarded first prize in the dance competition and she won other prizes.3. In para 4, it is alleged that when the petitioner was posted at Firozabad, her younger sister Anjali develope...
Dr. Naresh Chander Sharma Vs. Chancellor, M.J.P. Rohilkhand University ...
Court: Allahabad
Decided on: May-02-2001
Reported in: 2001LabIC3516; (2001)2UPLBEC1356
M. Katju, J.1. This writ petition has been filed for a writ of certtorari to quash the impugned order dated 24.5.1999 Annexure-1 and the letter dated 25.5.1999 Annexure-15 to the writ petition.2. We have heard the learned counsel for the parties.3. It is alleged that in pursuance of the advertisement dated 8.6.1997 copy of which is Annexure-2 to the writ petition, a post of Professor in Bio-Technology in Plant Science in M.J.P.. Rohilkhand University (hereinafter referred to as 'the University') was advertised. In paragraph 5 of the petition. It is alleged that on 22.1.1998, a meeting was held at University Grant Commission (hereinafter called as 'the U.G.C.). New Delhi in which a decision was taken for creation of a post of Professor in Bio-Technology in the University. True copy of theminutes of the meeting of the U.G.C. is Annexure-3 to the petition. According to the rules of the U.G.C. when the U.G.C. approves the creation of a post in the University, it pays salary to the teacher ...
Jaswant Kumar Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-02-2001
Reported in: (2001)2UPLBEC1746
Ashok Bhushan, J.1. Heard learned Counsel for the petitioner and the learned standing appearing for the respondent.2. The petitioner claims that he was appointed vide appointment order dated 16.3.82 on a Class-IV post on temporary basis in work charge establishment. Petitioner joined on 16.3.82 and thereafter, he was continuing in Work Charge Establishment. According to the petitioner, there was regular vacancies in the Irrigation Division, Ballia Division-I. The petitioner was giving appointment in regular establishment as Class-IV employees vide order dated 9.1.97 on the recommendation of departmental selection committee. The order dated 29.1.97 was cancelled by subsequent order dated 10.4.97. (Annexure-9 to the writ petition). Petitioner has stated that he was not given any notice or opportunity before passing the impugned order dated 10.4.97. A counter-affidavit has been filed on behalf of the State.3. In reply to paragraph 17 it is not denied that petitioner was not given any noti...
Jai Prakash Vs. Shri Gandhi Ashram and ors.
Court: Allahabad
Decided on: May-02-2001
Reported in: (2001)2UPLBEC1744
Anjani Kumar, J.1. By means of this writ petition the petitioner who is an employee of respondent No. 2, has approached this Court under Article 226 of the Constitution of India with the prayer that the order dated 19.3.1991 passed by respondent No. 2 retiring the petitioner be quashed with other consequential reliefs. An objection has been raised on behalf of the respondents placing reliance of two judgments of this Court in Writ Petition No. 3116 of 1990, Swami Nath Tewari and Ors. v. The Union of India and Ors., decided by a Division Bench of this Court dated 29th July, 1992 wherein it has been stated that in the matter of a private employment no writ petition application under Article 226 of the Constitution will lie. The other decision relied upon by the Counsel for the respondents in Writ Petition No. 9986 of 1991, Ramdev Chaubey and Anr. v. Shri Gandhi Ashram and Ors., decided on 13.9.1995 which relates to Kshetriya Shri Gandhi Ashram, Agra wherein this Court has been pleased to...
Asha Nand Singh Vs. Union of India and Others
Court: Allahabad
Decided on: May-01-2001
Reported in: 2001(2)AWC1583; (2001)2UPLBEC1351
ORDERM. Katju, J.1. This writ petition has been filed for quashing the impugned judgment dated 31.1.2001, Annexure-1 to the petition passed by the Central Administrative Tribunal, Allahabad and for quashing the impugned order/notice dated 19.10.2000, Annexure-9 to the petition and for a mandamus directing the respondents not to interfere with the service of the petitioner on the post of Extra Departmental Branch Post Master, Hemdhapur (Pipraich), Gorakhpur and to pay salary and dues. 2. We have heard learnedcounsel for the parties. 3. It has been alleged in paragraph 2 of the petition that the post of Extra Departmental Branch Post Master was advertised and the petitioner applied for the same and was duly selected and appointed vide appointment letter dated 29.10.1999 and joined on 1.11.1999. 4. In paragraph 4 of the petition, it is alleged that there was no complaint against his work. In paragraph 5 of the same, it is alleged that respondent No. 4. Jitendra Nath Srivastava complained ...
R.K. Singh Vs. Director/Appointing Authority and Another
Court: Allahabad
Decided on: May-01-2001
Reported in: [2001(89)FLR1121]; 2001LabIC3528; (2001)2UPLBEC1282
M. Katju, J.1. This writ petition has been filed against the impugned order dated 22.11.1999 [Annexure-1 to the petition) by which the petitioner has been removed from service.2. We have heard learned counsel for the parties.3. The petitioner was appointed as Research Assistant in Govind Ballabh Pant Social Science Institute. Jhusi. Allahabad (hereinafter called the institute) on 10.1.1990 in a permanent capacity. He was issued a charge-sheet dated 4.5.1999 uide Annexure-2 to the petition. It is alleged by the petitioner that the charge-sheet is wholly vague inas-much as the periods of the dates on which the petitioner was allegedly absent without leave or had allegedly made signatures in the Attendance Register even after a cross was put in by the authority was absent.4. It is further alleged in paragraph 4 of the petition that the allegation that the petitioner was in the habit of writing objectionable and undesirable letters to the authorities is also vague and so is the third alleg...
Meenakshi Agarwal (Smt.) Vs. the Joint Director of Education, Ivth Reg ...
Court: Allahabad
Decided on: May-01-2001
Reported in: (2001)2UPLBEC1369
S. Ambwani, J.1. By means of this petition under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari quashing the order dated 7.2.2000 passed by the Joint Director of Education, IV Region, Allahabad. The petitioner also seeks a writ of mandamus directing the respondents to treat the petitioner as validly appointed ad hoc Assistant Teacher L.T. Grade in Kidwai Memorial Girls Inter College, Allahabad and pay her salary w.e.f. 14.2.1999 and current salary regularly month to month with all consequential benefits.2. The petitioner alleged that a substantive vacancy was caused on the retirement of Smt. Noorjahan Abdi on 30.6.1998 as Assistant Teacher L.T. Grade in Kidwai Memorial Girls Inter College, Allahabad (hereinafter referred to as the institution). The management of the institution intimated the aforesaid vacancy to the District Inspector of Schools, Allahabad. The District Inspector of Schools (II), Allahabad vide his letter dated 28.9.1998 (Annexure-1...
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