Allahabad Court January 2002 Judgments
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Rajesh Kumar Misra Vs. Registrar, Co-operative Societies, U.P. and ors ...
Court: Allahabad
Decided on: Jan-07-2002
Reported in: 2002(1)AWC669; [2002(92)FLR781]; (2002)1UPLBEC469
M. Katju, J.1. This writ petition has been filed praying for a writ of certiorari to quash the impugned order dated 19.7.2001, Annexure-9 to the writ petition and letter dated 19.6.2001, Annexure-10 to the writ petition.2. We have heard learned counsel for the parties.3. The petitioner's father was working as Senior Manager in U. P. Sahkari Gram Vikas Bank and died in harness on 9.8.1998. The petitioner is a law graduate and he applied for appointment under the dying in harness rules vide application dated 9.9.1998, Annexure-1 to the writ petition. By order dated 4.2.1999, the Registrar wrote to the Managing Director that the petitioner does not possess the requisite qualification for appointment, vide Annexure-2 to the writ petition. Thereafter the petitioner met the Administrator of the Bank and applied for appointment to some post lower than Senior Manager. He also applied for the appointment as Manager (law) on compassionate ground to the Administrator. The Administrator then wrote...
Chandrajit Raj Bhar Vs. District Magistrate, Pilibhit and ors.
Court: Allahabad
Decided on: Jan-07-2002
Reported in: 2002(1)AWC674; (2002)1UPLBEC582
R.R. Yadav, J.1. Heard the learned counsel for the petitioner.2. Perused the averments made in the writ petition.3. The present petition is posted today for admission, but with the consent of the learned counsel for the parties, I propose to decide it on merits at admission stage.4. By filing the instant writ petition, the petitioner is seeking a relief for quashing the order Impugned dated 2.11.2001 (Annexure-8 to the writ petition) and order dated 26.12.2001 passed by the District Magistrate, Pillbhit under Section 95 (1) (g) of U. P. Panchayat Raj Act, a copy whereof is filed and marked as Annexure-10 to the writ petition, on the ground, inter alia, that no preliminary enquiry has been held against him by District Panchayat Raj Officer under the U. P. Panchayat Raj (Removal of Pradhans, Up Pradhans and Members) Enquiry, Rules, 1997 (hereinafter referred as Rules of 1997) to arrive at a prima facie conclusion that he has committed financial and other irregularities and no opportunity...
Mian Gulam Jelani Vs. Aligarh Muslim University and ors.
Court: Allahabad
Decided on: Jan-07-2002
Reported in: 2002(1)AWC843; (2002)1UPLBEC409
Janardan Sahai, J.1. T h e petitioner was appointed on probation as Manager of the University Press, Aligarh Muslim University by order dated 11.1.2000. The probationary period was extended on 11.1.2001 for a further period of one year. Before the expiry of the period of probation the services of the petitioner have been terminated by the impugned order dated 4.12.2001 of the Vice Chancellor under Section 19(3) of the Aligarh Muslim University Amendment Act, 1981, in terms of Regulation 14 (a) of the Regulations governing the terms and condition of services of non-teaching employees. The order makes reference to two reports given by the Member-in-charge of the Aligarh Muslim University and goes on to state that 'as the Member-in-charge are not satisfied with the work, conduct and performance' of the petitioner the Vice Chancellor after considering all the facts has ordered that the services of the petitioner shall cease with effect from 4.1.2002.2. Sri P. N. Saxena, learned senior coun...
Satya NaraIn Mishra Vs. Prabandh Nideshak, U.P. Rajya Sahkari Krishi E ...
Court: Allahabad
Decided on: Jan-04-2002
Reported in: 2002(1)AWC582; (2002)2UPLBEC1401
Sunil Ambwani, J.1. The petitioner Satya Narain Misra haschallenged the order dated 9.3.1993 by which the Managing Director of the U. P. Rajya Sahkari krishi Evam Gramya Vlkas Bank Ltd.. Lucknow, has reverted the petitioner from the post of Officiating Internal Auditor to his original post of Accountant in the minimum of pay-scale and to recover half of the losses which have been caused to the bank if the loan is not recovered. The order is said to have been passed after approval of the U. P. Co-operative Society Institution Service Board vide its letter dated 21.8.1993.2. 1 have heard Sri H.N. Tripathi for the petitioner and Sri J. N. Tiwari for the respondents.3. The facts to this case are that the petitioner was appointed on the post of Junior Assistant/Assistant Accountant by the Committee of Management of U. P. Rajya Sahkari Krishi Gramya Vlkas Bank Ltd., Lucknow. It is alleged that in the year 1973, the petitioner was promoted on the post of Field Officer. He was transferred as I...
Anuradhika Vs. Additional District Judge, Azamgarh and anr.
Court: Allahabad
Decided on: Jan-04-2002
Reported in: 2002(1)AWC622
R.R. Yadav, J.1. Heard the learned counsel for the petitioner.2. Perused the order Impugned dated 13.12.2001 passed by the Election Tribunal, a copy whereof is filed and marked as Annexure-7 to the writ petition.3. By filing the Instant writ petition, the petitioner questions the legality and validity of the order impugned passed by Additional District Judge (Court No. 1), Azamgarh, whereby inspection of ballot papers is directed in an election petition filed by respondent No. 2.4. With the assistance of the learned counsel for the petitioner Sri Ashok Khare. I have gone through the order passed by the Election Tribunal. The Election Tribunal has given cogent and convincing reasons in support of its order Impugned. I am objectively satisfied that the order Impugned passed by the Election Tribunal is eminently Just and proper. By passing the Impugned order, the Election Tribunal intended to do material justice between the parties. The Election Tribunal has committed no error in passing ...
Ramanand Vs. Addl. District Judge, Deoria and ors.
Court: Allahabad
Decided on: Jan-04-2002
Reported in: 2002(1)AWC628
R.R. Yadav, J. 1. Heard the learned counsel for the petitioner Sri R. S. Misra and Sri Vashistha Tiwari appearing on behalf of respondent No. 2.2. From the perusal of the order passed by the Additional Civil Judge (Junior Division) dated 10.7.1997. It is revealed that the application moved under Section 5 of the Indian Limitation Act has been allowed by the learned trial court as it found the cause for condoning delay to be sufficient within the meaning of Section 5 of the Indian Limitation Act.3. Aggrieved against the order dated 10.7.1997 passed by the learned trial court, the contesting respondent No. 2 filed a revision before the Additional District Judge, Court No. 6. Deoria and the revisional court in exercise of its revisional jurisdiction under Section 115, C.P.C. allowed the revision and set aside the order passed by the learned trial court condoning the delay.4. The instant writ petition is posted today for admission but with the consent of the learned counsel for the parties...
Jiya Lal Pandey Vs. Commandant, R.P.F., N.R., Lucknow and ors.
Court: Allahabad
Decided on: Jan-04-2002
Reported in: 2002(1)AWC651; (2002)2UPLBEC1231
Sunil Ambwani, J.1. Petitioner has prayed for quashing the orders dated 5.12.1985 passed by the Commandant/Railway Protection Force. Northern Railway, Lucknow, by which he was removed from service ; order dated 8.4.1987 rejecting the appeal by Deputy Inspector General/ Railway Protection Force, Northern Railway, Baroda House, New Delhi and order dated 5.7.1989 dismissing the revision of the petitioner by Director General/ Railway Protection Force, Railway Board, New Delhi.2. I have heard Ms. Suman Sirohi, learned counsel for the petitioner and Sri Lalji Sinha, learned counsel appearing on behalf of the respondents.3. Petitioner was a member of the Railway Protection Force. Northern Railway and was posted asRakshak at Varanasi. On 26.9.1983/ 5.10.1983, the petitioner was served with charge-sheet No. E/DC/5/BSB-64 (44), in an enquiry contemplated under Rule 44 of the Railway Protection Force Rules, 1959, after holding preliminary inquiry pertaining to the theft of twenty one bags of whea...
Debi Sahai Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-04-2002
Reported in: 2002(1)AWC730; [2002(92)FLR885]; (2002)1UPLBEC546
Sunil Ambwani, J.1. The petitioner has challenged the order dated 24.8.1992 passed by Regional Employment Officer. Meerut whereby his services have been terminated under U. P. Temporary Government Servants (Termination of Service) Rules, 1975, after making him entitled to one month's pay and the order dated 6.6.1992 by which an adverse entry was awarded to him in the year 1991-92.2. I have heard counsel for the petitioner, and learned standing counsel.3. The facts giving rise to the present writ petition are that the petitioner belongs to Scheduled Caste. He was appointed as a Peon after interview on temporary basis in the City Employment Exchange, Ghaziabad. He was transferred to several places and that during relevant time, he was posted in the office of City Employment Exchange Officer. Hapur district Ghaziabad. A charge-sheet dated 5.8.1991 was given to him for unauthorised absence on several occasions for long periods, late arrival on duty, negligence of work on duty, failure to c...
Pateshwari Pandey Vs. District Inspector of Schools, Maharajganj and o ...
Court: Allahabad
Decided on: Jan-04-2002
Reported in: 2002(1)AWC733; (2002)2UPLBEC1413
Sunil Ambwani, J.1. This writ petition has been filed for a writ of mandamus directing the opposite parties to promote petitioner on the post of Lecturer (Civics) in Raja Ratan Sen Intermediate College, Nichlaul, Maharajganj.2. 1 have heard Dr. R. G. Padia senior advocate, assisted by Sri Prakash Padia for the petitioner, and Sri Ashok Khare, senior advocate, assisted by Sri V.K. Singh for the respondents.3. The permanent principal of the college died on 7,1.1992, Sri Vlshnudeo Upadhyaya, a permanent Lecturer in the college was appointed in his place on officiating basis. The appointment was approved by the District Inspector of Schools on 16.9.1992. For filling up the short-term vacancy caused by ad hoc promotion of Sri Upadhyay. the management invited applications. Sri Arun Kumar Jaiswal, respondent No. 3. responded to the advertisement and applied for the post. He was selected. The papers relating to his selection were sent to District Inspector of Schools on 19.1.1993. Since no ord...
Ram Roop and ors. Vs. Deputy Director of Consolidation, Varanasi and o ...
Court: Allahabad
Decided on: Jan-03-2002
Reported in: 2002(1)AWC615
R.H. Zaidi, J.1. Heard learned counsel for the parties.2. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 10.1.1977 passed by the Deputy Director of Consolidation.3. The relevant facts of the case giving rise to the present petition, in brief, are that the dispute relates to Khata No. 169 of village Bhatpurwa Khurd, district Varanasi, for short, the land in dispute. In the basic year, both parties, i.e., the petitioners and Smt. Daulati, widow of Bechan, were recorded over the land in dispute. On the receipt of Form No. 5, issued by the consolidation authorities, the petitioners filed their objections claiming that the land in dispute belonged to them exclusively and that the name of Smt. Daulati was liable to be expunged from revenue papers. It was pleaded that the land in dispute was originally owned by Smt. Mangari, widow of Chauthi, that S...