Allahabad Court September 2005 Judgments
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Allahabad Development Authority Through Its Vice Chairman and R.K. Sin ...
Court: Allahabad
Decided on: Sep-28-2005
Reported in: AIR2006All71
R.K. Agrawal, J.1. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioners, Allahabad Development Authority, Allahabad through its Vice Chairman and Sri R.K. Singh, Secretary, Alllahabad Development Authority, Allahabad, seek the following reliefs:-(a) to issue a writ, order or direction in the nature of certiorari calling for record of the case and quashing the impugned order of respondent No. l dated 7.10.96 (Annexure - 4) and 3.3.97 (Annexure -5); (b) to issue a writ of mandamus commanding the respondents not to enforce the impugned order of respondent No. l dated 7.10.96 (Annexure -4) and 3.3.97 (Annexure-5) against the petitioner on any ground and in any manner whatsoever;(c) to issue an interim mandamus staying operation of the impugned order of respondent No. 1 dated 7.10.96 (Annexure -4) and 3.3.97 (Annexure-5) besides further proceedings of case No. 1187 of 1996 in re: Ashok Kumar Gupta v. Secretary, Allahabad Development Aut...
Subedar Pathak Son of Adya Prasad Pathak Vs. General Manager (Personne ...
Court: Allahabad
Decided on: Sep-27-2005
Reported in: [2005(107)FLR1080]; (2006)IILLJ275All
Tarun Agarwala, J.1. The petitioner was appointed as a class IV employee in the Union Bank of India in the year 1972. On the basis of the recommendation of the Departmental Promotion Committee, the petitioner was promoted to the post of a clerk- cum- cashier in the year 1981 and in the year 1985 was promoted to the post of a Head Cashier. In the year 1989, the petitioner was posted at Bhawaniganj branch in district Jaunpur.2. On 22.11.1997, the petitioner was placed under suspension and subsequently a departmental charge sheet dated 10.1.1998 was issued to the petitioner. The petitioner submitted a reply dated 25.3.98. The disciplinary authority by an order dated 29.10.1998 held that the reply filed by the petitioner was not found satisfactory and directed that the enquiry against the petitioner would be conducted by Sri P.V. Bhashkar Reddy, Deputy Manager (Personnel) Regional Office, Varanasi, who would also be the disciplinary authority for the purpose of the enquiry.3. The enquiry p...
Anil Kumar Pathak Son of Sri Chiteshwar Pathak and Ashok Kumar Singh S ...
Court: Allahabad
Decided on: Sep-26-2005
Reported in: 2006(1)AWC694
Tarun Agarwala, J.1. The petitioners filed this writ petition praying for the quashing of the order dated 30.4.2003 passed by the Joint Director of Education, by which the representation of the petitioners for the payment of salary was rejected. The petitioners in the writ petition alleged that the salary was illegally been paid to respondent Nos. 5 and 6. This writ petition was presented in the High Court on 9.7.2003 which came up for admission before the Court on 11.7.2003 on which date the Court granted one month's time to the Standing Counsel appearing on behalf of the respondent Nos. 1, 2 and 3, namely, the Secretary, Secondary Education Government of U.P., Lucknow, Joint Director of Education, Azamgarh Region, Azamgarh and the District Inspector of Schools, Ballia. The aforesaid petition came up for admission again on 20.9.2004, i.e., after 14 months, and on that date, the Court granted one month's further time to the Standing Counsel appearing on behalf of the said respondents t...
Union of India (Uoi) Through the Chief Security Commissioner Railway P ...
Court: Allahabad
Decided on: Sep-26-2005
Reported in: [2006(108)FLR69]; [2006(2)JCR40(All)]
Ajoy Nath Ray, C.J. and Ashok Bhushan, J.1. The appeal is summarily disposed of.2. This appeal has been preferred by the Railway authorities against the judgment and order of the Hon'ble Single Judge dated 18th July, 2005 whereby the respondent's writ petition was allowed.3. The complaint was made against the authorities by the writ petitioner which was in respect of an order of compulsory retirement passed against the petitioner by way of punishment. The impugned orders are dated 6th October, 1994, 31st July, 1995 and 22nd July, 1995.4. Before we go into findings arrived at by the Hon'ble Single Judge, exact facts of the case should be recounted.5. The writ petitioner was on sick list from 19th August, 1992 to 4 January, 1993 when he was being treated at the Railway hospital at his place of service as an outdoor patient. This means that he was not staying in the hospital but visiting the hospital.6. On 5th January, 1993 on the writ petitioner's own request as has been told to us by Mr...
The State of Uttar Pradesh Through the Chief Secretary to U.P. Govt. a ...
Court: Allahabad
Decided on: Sep-26-2005
Reported in: AIR2006All61; 2006(2)AWC1360
R.K. Rastogi, J.1. This is an appeal against judgment and decree dated 7.11.1977 passed by Sri K.G. Rastogi, then II Addl. District Judge, Rampur in original suit No. 37 of 1973, Raza Buland Sugar Company Ltd. v. The State of Uttar Pradesh and Ors.. 2. The facts giving rise to this appeal are that the plaintiff respondent No. 1 filed the aforesaid suit against the defendant appelants and respondent No. 2 and 3 with these allegations that the plaintiff is a public limited company and it runs sugar factory named Raza Buland Sugar Factory. Previously there were two sugar factories, namely, Raza Sugar Factory and Buland Sugar Factory, but they were amalgamated in the name and style 'Raza Buland Sugar Factory. The Company suffered loss due to amalgamation of these two factories and so it could not pay prices of sugarcane to the farmers and commission to societies of cane growers as well as the purchase tax in time. Hence, a recovery certificate was issued by the Cane Commissioner to the Col...
Zila Panchayat Through Its Adhyaksh and Upper Mukhya Adhikari (Zila Pa ...
Court: Allahabad
Decided on: Sep-26-2005
Reported in: 2006(1)AWC1048
B.S. Chauhan and Shishir Kumar, JJ.1. The Zila Panchayat, Aligarh has questioned the validity of the judgment and order dated 02.05.1997 of the U.P. Public Services Tribunal, by which the claim petition of late Ved Prakash Saxena, who is represented through his heirs and legal representatives, respondents No. 2 to 7, herein above, has been allowed on the ground that the enquiry against the delinquent employee stood vitiated on account of non-production of oral witnesses. The Tribunal concluded that there was no evidence before the Inquiry Officer to come to the conclusion that the charges were proved against the petitioner and, therefore, the enquiry was in violation of Article 311(2) of the Constitution of India read with Rule 55 of C.C.A. Rules, 1930. Accordingly the Tribunal set aside the order of punishment and extended all benefits to the respondents No. 2 to 7, who are the heirs and legal representatives of late Ved Prakash Saxena.2. The facts and circumstances giving rise to thi...
New India Assurance Co. Ltd. Vs. Monu @ NitIn and ors.
Court: Allahabad
Decided on: Sep-26-2005
Reported in: I(2006)ACC71
R.P. Misra, J.1. Heard Mr. S.C. Srivastava, learned Counsel for the appellant.2. This first appeal from order is directed against the award of Motor Accident Claims Tribunal.3. The claimant/respondent No. 1 filed a petition claiming compensation of Rs. 30,04,000 on account of injuries caused to him in an accident. The case set up by the claimant-respondent was that on 13.11.2000 while he was going as a pillion rider on scooter belonging to one Salim, he was hit from behind by a bus which was insured with the appellant company which resulted in the death of Salim and serious injuries to him. It was also alleged that accident was caused due to rash and negligent driving by the driver of the offending vehicle. The Tribunal awarded a sum of Rs. 2,82,000 along with 6% interest as compensation.4. The proceeding before the Claims Tribunal proceeded ex parte against the owner and driver of the offending vehicle. The Tribunal has granted permission under Section 170 of Motor Vehicles Act to the...
P.R. Transport Agency Through Its Partner Sri Prabhakar Singh Vs. Unio ...
Court: Allahabad
Decided on: Sep-24-2005
Reported in: AIR2006All23; 2006(1)AWC504
Sushil Harkauli and Umeshwar Pandey, JJ.1. We have heard Sri Manish Goyal for the petitioner and Sri Madhur Prakash representing respondents No. 2 and 3 at length.2. During the course of hearing Sri Madhur Prakash raised a preliminary objection regarding want of territorial jurisdiction on part of this Court to entertain and hear this writ petition. The objection of Sri Madhur Prakash can be divided into three parts :-(1) No part of cause of action has arisen within the territory of U.P.(2) No facts have been pleaded in the writ petition on the basis of which it can be said that any part of cause of action has arisen within the territory of U.P.(3) The jurisdiction of this Court under Article 226 of the Constitution of India stands ousted in favour of the Jharkhand High Court under Clause 10.5 of the Tender Agreement, the relevant part of which reads that (any) 'dispute arising out of this scheme shall be subject to the jurisdiction of the Jharkhand High Court'.3. On this objection, bo...
Regional Manager, Bank of India Vs. Presiding Officer, Central Governm ...
Court: Allahabad
Decided on: Sep-23-2005
Reported in: [2005(107)FLR756]; (2006)ILLJ882All
D.P. Singh, J. 1. Pleadings are complete and the counsel for the parties agree that the petition may be finally disposed off under the Rules of the .Court.2. Heard learned counsel for the parties.3. This petition is directed against a Labour Court award dated 3.5.1997 reinstating the respondent workman in service with continuity and back wages.4. The respondent workman was employed as a Special Assistant in the Sandila Branch of the petitioner bank, which is a Public Sector Bank. On the detection of a fraud, he was placed under suspension on 16.4.1988 and after a fact finding enquiry, a full fledged disciplinary proceedings were initiated and a charge sheet dated 28.3.1989 was served on the workman. The substance of the charge was that the workman had managed to get a cheque book issued on 3.8.1987 for a saving account standing in the name of one K.K. Jaiswal on the basis of a forged requisition slip. Using two cheque leaves of the said cheque book and after forging the signature of th...
Committee of Management, Bal Shiksha Mandir Through Its Manager Serves ...
Court: Allahabad
Decided on: Sep-23-2005
Reported in: 2006(1)AWC501
D.P. Singh, J. 1. Heard counsel for the parties.2. These four writ petitions are connected together and deal with the elections of a Committee of Management of Bal Shiksha Mandir, Kasya, a registered Society running an unaided but recognized junior high school.3. Writ petition No. 32183 of 2002 has been filed through Sri Gauri Shankar, the alleged Manager of the Committee of Management challenging an order of the Assistant Registrar dated 11.6.2002 registering the list of office bearers submitted by Sri Sarvesh Kumar Singh. During the pendency of this petition a withdrawal application was filed by the said Gauri Shankar for withdrawing the writ petition but an impleadment application of one Jai Govind, claiming to be newly elected Manager has also been filed against which Sri Sarvesh Kumar has filed objection and his own impleadment.4. The second writ petition No. 30806 of 2003 is directed against an order dated 26.6.2003 passed by the Assistant Registrar, Firms, Societies and Chits ho...
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