Allahabad Court September 2003 Judgments
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Brahma Deo Singh Vs. Regional Employment Officer and ors.
Court: Allahabad
Decided on: Sep-05-2003
Reported in: (2004)1UPLBEC117
Rakesh Tiwari, J.1. By means of this writ petition, a prayer for quashing the order dated 29.1.1999 (Annexure-8 to the writ petition) passed by the Regional Employment Officer, Gorakhpur has been made. By the impugned order the petitioner has been informed that his appointment has been cancelled as it had been made without following the due process of recruitment during the imposition of ban.2. The case of the petitioner is that he is post-graduate in Commerce. Certain posts of Clerks/Typists fell vacant in the office of the Regional Employment Exchange office at Gorakhpur where he was registered. It is alleged that he was appointed according to law by respondent No. 1 on the post of Junior Clerk on 9.12.1997, against a vacancy of upgraded Senior Assistant in the pay scale of Rs. 950-1500. The appointment letter of the petitioner has been filed as Annexure-1 to the writ petition and is as under :--^^i=kad %& 12866&67@030@fu;q-@97{ks=h; lsok;kstu dk;kZy;]xksj[kiqj] fnukad 9 fnlEcj] 1997...
Sanjay Kumar Saxena Vs. Circle Development Officer (Personal Departmen ...
Court: Allahabad
Decided on: Sep-05-2003
Reported in: (2004)1UPLBEC622
R.B. Misra, J.1. Heard Sri R.D. Agarwal learned Counsel for the petitioner and the learned Standing Counsel.2. With the consent of the parties, this writ petition is being disposed of at this stage in view of Second Proviso to Rule 2 of the Chapter XXII of the Allahabad High Court Rules, 1952.3. In this petitioner prayer has been made to quash the order dated 16.2.1999 (Annexure-1 to the writ petition). Further, prayer has been made for directing the respondents not to disturb or interfere in the peaceful working of the petitioner at Zonal Office Bareilly, till the final disposal of this petition.4. According to the petitioner, he is B.Sc. and CAIIB-I and Certificate Course in Computer Programming after due selection he was appointed on 23.5.1983 as a Assistant Typist (Clerk) and in February, 1986 at the relevant time he was posted at Zonal Office State Bank of India, Bareilly. It appears that the test/interview was conducted for promotional post in August, 1987 and the panel of the su...
Ram Dular Yadav Vs. District Inspector of Schools and anr.
Court: Allahabad
Decided on: Sep-05-2003
Reported in: (2004)1UPLBEC503
Rakesh Tiwari, J. 1. Heard Counsel for the parties and perused the record.2. This petition has been filed challenging the validity and correctness of the order dated 19.9.1996 passed by District Inspector of Schools, Jaunpur, respondent No. 1 approving the order of termination.3. The brief facts of the case are that Brijesh Inter College, Gulalpur, Jaunpur is a recognized Intermediate College under the U.P. Intermediate Education Act, 1921 and the Payment of Salary Act, 1971 (U.P. Act No. 24 of 1971) is also applicable to it. It is alleged that the petitioner was initially appointed on the post of Assistant Clerk on 10.8.1966 and was subsequently promoted to the post of Head Clerk w.e.f. 1.7.1991. It is further alleged that on the basis of a false complaint dated 20.7.96 made against him, he was placed under suspension by the Committee of Management.4. It is submitted by the Counsel for the petitioner that neither disciplinary proceedings have been initiated against the petitioner nor ...
Rana Lal Virendra Vikram Narayan Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-05-2003
Reported in: 2004CriLJ2382
ORDERK.N. Sinha, J.1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for issue of the writ in the nature of certiorari for quashing of the orders dated 28-2-2003 and 11-3-2003 (Annexures 3 and 4 to the writ petition).2. The brief facts giving rise to the present writ petition are that the petitioner filed an application under Section 156(3) Cr. P. C. against respondents No. 4 and 5 in the Court ' of Additional Chief Judicial Magistrate I. Ballia. The Additional Chief Judicial Magistrate, I Ballia by order dated 22-2-2003, directed the concerned S. O. to register and investigate the case. In pursuance of the said order, the F. I. R. No. 14 of 2003 was lodged against respondents No. 4 and 5. The respondents No. 4 and 5 approached the Additional Chief Judicial Magistrate, I, Ballia with request that the arrest may not be made during the investigation. The Additional Chief Judicial Magistrate I, Ballia by order dated 28-2-2003 di...
Madhu Priya Singh Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Sep-05-2003
Reported in: II(2004)DMC294
ORDER1. Heard learned Counsel for the petitioner and learned Standing Counsel.2. This writ petition has been filed for a mandamus directing the respondent Nos. 1, 2 and 3, State of U.P. through Home Secretary. The District Magistrate and Senior Superintendent of Police, Basti to protect and safeguard the petitioner's life and liberty, and restraining them as also respondent No. 4 from harassing or victimizing the petitioners.3. In para 4 of the petition it is stated that the petitioner No. 1 Madhu Priya Singh was born on 13.12.1981 and thus she is about 22 years of age. Her High School Certificate showing her date of birth as 13.12.1981 is Annexure 1 to the writ petition. The petitioner No. 1 has done her B.Sc. (Home Science) in 2001, and copy of her mark sheet is Annexure 2 to the petition. She has also done one year's computer course and was working as a Counseller at the Aptech Computer Training Institute, Basti.4. It is stated in para 7 that the petitioner No. 2 was born on 16.5.19...
Harish Chandra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-04-2003
Reported in: 2003(4)AWC3190
ORDERJagdish Bhalla, J.1. Since similar question is involved in both the writ petitions, hence they are being disposed of by a common order.2. Haryana Financial Corporation, one of the opposite parties of the writ petitions have financed M/s. Cee Labs (P) Ltd. (opposite party No. 5 in the Writ Petition No. 37962 of 2003) situated in the State of Haryana and the recovery has been issued by the Collector, Rampur on the request of Haryana Financial Corporation through Collector, Sonepat who in turn requested the Collector, Rampur for issuing the same. According to the petitioner, his late father Brij Nandan Prasad was one of the Director of M/s. Cee Labs (P.) Ltd., he was wrongly shown as one of the guarantor and the ground of guarantee was alleged to be executed on 25.4.1996 whereas Sri Brij Nandan Prasad died on 1.11.1993. A letter of request was received by the Collector, Rampur, on the basis of the same recovery was issued. The petitioner has challenged impugned citation of said recov...
R.P.N. Tewari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-04-2003
Reported in: 2003(4)AWC3192
ORDERM. Katju and Umeshwar Pandey, JJ.1. The petitioner is a U.P. Government servant who is challenging a suspension order. In view of our judgment in Civil Misc. Writ Petition No. 37315 of 2003, U.P.E.S.I. Medical Services Association v. State of U.P. decided on 27.8.2003, which has followed the judgment of the Supreme Court in Secretary, Minor Irrigation and Rural Engineering Service, U.P. and Ors. v. Sahngoo Ram Arya and Anr., 2002 (3) AWC 2509 (SC) : AIR 20O2 SC 2225 (vide Paragraph 12), this petition is dismissed on the ground of alternative remedy before the U.P. Public Service Tribunal.2. However, we are of the opinion that a Bench of U.P. Public Service Tribunal should be created as soon as possible at Allahabad also. At present, there is only one Bench which sits at Lucknow and this is creating great hardship to the litigants who have to come to Lucknow from far places. There are highly competent authorities and learned counsels at Allahabad who have good knowledge of service ...
Krishna Kumar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-04-2003
Reported in: 2003(4)AWC3187
M. Katju, J. 1. This writ petition has been filed for a writ of mandamus declaring Rule 4 of the U.P. Settlement of Licences for Retail Sale of Country Liquor Rules, 2002 as also Clause 2A of the policy decision of the Excise year 2003-2004, dated 5.3.2003 as issued by the U.P. Excise Commissioner, U.P. at Allahabad as null and void being ultra vires of the powers of the Excise Commissioner and contrary to the statutory rules framed by the State under Section 40 (2) (e) and (f) of the U.P. Excise Act. The petitioner has also prayed for a writ of certiorari to quash the impugned order of the U.P. Excise Commissioner dated 3.7.2003 granting permission for opening of a new shop in the locality of Kiratpur, Bijnor in the excise year 2003-2004 as also the advertisement published by the District Magistrate, Bijnor dated 6.7.2003 Annexure-5 to the writ petition. 2. Heard learned counsel for the parties. 3. In exercise of powers under Section 41 of the U.P. Excise Act the U.P. Excise Commissio...
Yesh Karan Singh Vs. D.i.O.S. and anr.
Court: Allahabad
Decided on: Sep-04-2003
Reported in: 2003(4)AWC3070
S.U. Khan, J.1. Satya Deo Singh, an assistant teacher in intermediate college Karanda, district Ghazipur, proceeded on leave. The committee of management of the college, which is aided and recognized institution, passed a resolution to appoint the petitioner on ad hoc basis against the aforesaid vacancy created due to long leave. Resolution of committee of management was passed on 27.7.1986. The D.I.O.S. by order dated 11.11.1986 approved the ad hoc appointment made by committee of management through its resolution dated 27.7.1986. However, the D.I.O.S. confined the approval only till joining of Satya Deo Singh or 30.6.1987 which ever was earlier. By another order dated 15.7.1988 which has been annexed as Annexure-C.A.-1 to the counter-affidavit filed by D.I.O.S., the appointment was extended till conversion of vacancy into substantive vacancy, i.e., cessation of short term vacancy.2. It is stated in para 2 of the writ petition that Satya Deo Singh during the period of his long leave s...
Indian Motor Transport Co. (P.) Ltd. Vs. Prescribed Authority/J.S.C.C. ...
Court: Allahabad
Decided on: Sep-04-2003
Reported in: 2003(4)AWC3076
S.U. Khan, J. 1. This writ petition has been filed by tenant which is directed against order dated 5.3.1998, passed by Prescribed Authority/ J.S.C.C., Saharanpur in P.A. Misc. Case No. 19 of 1997. Through the said order application of petitioner/tenant for redelivery of possession of property was rejected. Application was numbered as paper No. 4. In the said application ft was alleged that the property in dispute was in tenancy occupation of the petitioner and it had illegally been dispossessed from the same in execution proceedings under Section 23 of U.P. Act No. 13 of 1972 in between landlord/respondent and his other tenant Dr. R.N. Bagley. Petitioner and Dr. Bagley were tenants of landlord/respondents and the properties in their tenancy occupation were situate side by side. The landlord/respondents pleaded that the property in dispute was never in tenancy occupation of the tenant/ petitioner. The landlord's case was that in the receipts issued to the petitioner and which were filed...
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