Allahabad Court September 2008 Judgments
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Smt. Neelu Devi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-08-2008
Reported in: 2008(4)AWC3669; [2008(119)FLR1080]
V.M. Sahai and Pankaj Mithal, JJ.1. We have heard Sri Man Bahadur Singh learned Counsel for the appellant, learned standing counsel for respondents No. 1 to 4, Sri Anuj Kumar for respondent No. 5, Sri Jagdish Pathak learned Counsel appearing for respondent No. 6 and Sri Tej Bhan Singh, learned Counsel appearing for respondent No. 7.2. A single post of Shiksha Mitra of Prathamic Vidhyalaya Sikandarpur Aaima, block Mahrajganj, Tehsil Sagari district Azamgarh was advertised on 24th December 2006. The last date of submitting the application form complete in all respect was 24.1.2007. Three candidates including the appellant Smt. Neelu Devi and the respondent No. 6 Smt. Saroj Yadav applied within time. Smt. Neelu Devi submitted her application form in the prescribed proforma on 22.1.2007 but without annexing the copy of the domicile certificate. On her application seeking time for submitting such certificate the Gram Pradhan allowed her time uptil 30.1.2007 to submit the domicile certificat...
Ram Shanker Verma S/O of Shri Vipat Verma Vs. the State of Uttar Prade ...
Court: Allahabad
Decided on: Sep-08-2008
Reported in: [2008(119)FLR1086]
Sunil Ambwani and Raj Mani Chauhan, JJ.1. Heard Shri R.K. Ojha assisted by Shri Arun Kumar Tiwari for the petitioner. Learned Standing Counsel appears for the slate respondents.2. The pleadings have been exchanged. With the consent of parties, the writ petition was finally heard.3. Brief fact giving rise to this writ petition are that the petitioner was appointed as Naib Tehsildar in the year 1994 and was posted in district Mainpuri in the year 1999. He was incharge Tehsildar from 20.2.2000 to 21.8.2000. A trap was laid by the vigilance team on a complaint to apprehend Dr. Bal Mukund Prabhakar, a radiologist posted in District Hospital, Mainpuri. It was alleged in the complaint that Dr. Prabhaker was demanding bribe for preparing a false radiological report. The Sub Divisional Magistrate, on the authorisation and orders given by the District Magistrate, Mainpuri dated 29.10.1999 led the trap party along with Shri Amit Mishra, Circle Officer (Police): Shri Raghuraj Singh, and Shri Ranve...
Tej Pal Singh Verma S/O Sri Baru Singh, Revenue Inspector, Nagar Palik ...
Court: Allahabad
Decided on: Sep-08-2008
Reported in: 2009(2)AWC1393
S. Rafat Alam and Sudhir Agarwal, JJ.1. Aggrieved by the judgement dated 31.07.1997 of Hon'ble Single Judge dismissing the Writ Petition No. 13609 of 1981 the petitioner-appellant (hereinafter referred to as the 'petitioner') has filed this intra Court appeal under the Rules of the Court.2. That facts in brief giving rise to the present dispute are that the post of Revenue Inspector in the sale of 195-300 was lying vacant at Nagar Palika, Saharanpur due to the death of one Sri Jagdish Prasad who was working on the said post. The Officer In-charge, Nagar Palika decided to fill in the post by direct recruitment. It appears that a requisition sent to Employment Exchange, Saharanpur on 15.09.1980 inviting names for making selection on the post of Revenue Inspector and fixing 29.09.1980 for interview. The Employment Exchange did not make any recommendation.3. On 29.09.1980 an office note was put up before the Officer In-charge, Nagar Palika, Saharanpur that 'the employment exchange has not ...
State of U.P. and anr. Vs. Tej Bahadur Singh and anr.
Court: Allahabad
Decided on: Sep-08-2008
Reported in: 2009(1)AWC913
Devi Prasad Singh and V.D. Chaturvedi, JJ.1. Heard Smt. Aruna Mishra, learned standing counsel on behalf of the petitioners and Sri Shailendra Singh Chauhan learned Counsel appearing on behalf of opposite party No. 1.Present writ petition under Article 226 of the Constitution of India has been preferred against the judgment and order dated 27.2.1993 (Annexure -1) passed by the U.P. Public Services Tribunal.2. The opposite party No. 1, who is the member of Provincial Armed Constabulary (in short P.A.C.), had joined the force at Jhansi in the year 1984. The controversy in question relates allegation to the fact that the opposite party No. 1 while he was posted in Etawah, on account of misconduct, a notice dated 18th August, 1989 was served upon him, in response to which he submitted a reply. After receipt of reply, by an order dated 18th August, 1989 the private respondent was punished for ten days' Physical Drill (P.D.).Learned standing counsel submits that respondent No. 1 has refused ...
Kamla Charan Misra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-08-2008
Reported in: 2009(2)AWC1259
Devi Prasad Singh and V.D. Chaturvedi, JJ.1. The present writ petition has been preferred against the impugned order of punishment dated 28.9.1992 (Annexure-1), by which the District Magistrate, Unnao has punished the petitioner awarding censure entry as well as recovery of salary of the period from 25.5.1990 to 29.10.1990 and withholding the integrity permanently. Annual increment in salary was also stopped permanently.2. The petitioner was Reader-cum-Ahalmad working in the office of Special Land Acquisition Officer, Unnao. During the course of employment, he was served with a charge-sheet dated 14.3.1992, broadly containing two charges-the first relates to absence from duty from 25.5.1990 to 29.10.1990 and second in regard to irregularity committed for grant of selection grade. After receipt of the charge-sheet, the petitioner submitted a reply dated 30.4.1992 and submitted that during the period in question, the petitioner was on medical leave and on account of serious illness, he c...
State Bank of India Vs. Firm Jamuna Prasad Jaiswal and Sons and anr.
Court: Allahabad
Decided on: Sep-05-2008
Reported in: 2008(4)AWC3735
Poonam Srivastav, J.1. The appeal is listed for admission. Learned Counsels for the respective parties have agreed that the appeal may be decided finally since the record of the lower court is available.2. Heard Sri S.N. Verma, senior advocate assisted by Sri Sarad Malviya, Counsel for the State Bank of India and Sri A.K. Singh, learned Counsel for the plaintiff/respondents.3. This is defendant's second appeal against the judgment and decree dated 5.2.1999 passed by the District Judge, Deoria, in Civil Appeal No. 42 of 1998 arising out of Original Suit No. 49 of 1980, which was decreed in part by the trial court vide judgment and decree dated 6.1.1998.4. According to the plaint case, M/s. Jamuna Prasad Jaiswal and sons is a partnership firm. Certain goods such as metallic scraps were sold to M/s. Saraiya Sugar Mills Pvt. Ltd., which was also arrayed as defendant/respondent. A sum of Rs. 1,00,000 (Rupees one lakh) towards the sale consideration of the aforesaid goods was issued by M/s. ...
Committee of Management, Ismail Girls National Inter College Vs. State ...
Court: Allahabad
Decided on: Sep-05-2008
Reported in: AIR2009All36; 2008(4)AWC3653
Ashok Bhushan and A.P. Sahi, JJ.1. Heard J.J. Munir, learned Counsel for the petitioner and learned standing counsel.2. By this writ petition, the petitioner has prayed for a writ of certiorari quashing the impugned orders dated 12.12.2007, 4.1.2008, 11.1.2008 and 12.3.2008. The writ petition raises an important issue. The orders, which are sought to be challenged in the writ petition are the orders issued by the authorities under Right to Information Act, 2005, asking the management to provide certain information, as prayed for, in accordance with the procedure prescribed under Right to Information Act, 2005. The petitioner is a Committee of Management of an intermediate college, which is recognised under U.P. Intermediate Education Act, 1921. In para 16, it is also mentioned that the institution is receiving grant-in-aid from the State of U.P.3. Sri J.J. Munir, learned Counsel for the petitioner, challenging the orders contended that the institution is not covered by the definition o...
Bhairavendra Kumar Vs. Vth Additional District Judge and ors.
Court: Allahabad
Decided on: Sep-05-2008
Reported in: 2008(4)AWC3971
Sabhajeet Yadav, J.1. By this petition, the petitioner has challenged the order dated 15.1.2001, passed by Vth Additional District Judge, Varanasi contained in Annexure-6 of the writ petition, whereby misc. appeal filed by the petitioner has been dismissed as abated in its entirety.2. The brief facts leading to the case are that the petitioner filed Suit No. 375 of 1981 in the Court of Civil Judge, Varanasi for cancellation and declaration that sale deed dated 14th September, 1979 registered on 16th October, 1979 alleged to have been executed by Rajesh Kumar Agrawal son of the petitioner in favour of defendant Nos. 1 and 2 in respect of half share in house No. CK-16/45-46 Sewak Ram Sadawarti Gali, Varanasi for a sum of Rs. 48,000 is absolutely null and void and invalid and defendant Nos. 1 and 2 do not get any right or title of any kind in the half portion of the said house in question and information of the said fact be sent to the Registrar, Varanasi.It is stated that the aforesaid s...
Harsingar Gutkha (P) Ltd. Vs. Income Tax Appellate Tribunal and ors.
Court: Allahabad
Decided on: Sep-03-2008
Reported in: (2008)219CTR(All)479; 2009(238)ELT407(All); [2009]176TAXMAN137(All)
1. Heard Sri S.K. Garg, assisted by Sri Rahul Shukla, Counsel for the petitioner and Sri D.D. Chopra, senior standing Counsel for the respondents.2. The petitioner being aggrieved by the order dt. 25th July, 2008 passed by the respondent No. 1 has filed the instant writ petition. The brief facts of the case are that the petitioner being aggrieved by the judgment and order dt. 25th Aug., 2004 with respect to the asst. yr. 2000-01 passed by the Tribunal filed an appeal under Section 260A of the IT Act (hereinafter referred to as the 'Act'). After hearing the learned Counsel for the parties this Court by the judgment and order dt. 22nd May, 2008 remanded the matter to Tribunal, Lucknow Bench, Lucknow, to decide on the basis of the material on record. By the impugned order dt. 25th July, 2008, the learned Tribunal, Lucknow Bench, Lucknow has directed the AO to record the statement of Sri Dinesh Singh, ACA and to find out whether he has been representing before the Department in his individ...
Shyam Dutt Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-03-2008
Reported in: 2008(4)AWC3728
Tarun Agarwala, J.1. Heard Shri V.K. Singh, the learned Counsel for the petitioner, standing Counsel for the respondent Nos. 1, 2, 3 and 4, Sri Rakesh Pandey, the learned Counsel for the Committee of Management and Sri V.K. Goel and Sri D.S.M. Tripathi, the learned Counsels for the respondent No. 6 and Sri Rajendra Pratap, the learned Counsel for the petitioner in the connected writ petition.2. Before coming to the impugned order, it would be necessary to give a brief background which led to filing of the writ petition.3. On 30.6.1986, a post of Lecturer in Sanskrit became vacant in P.D.N.D. Inter College, Chunar in Mirzapur. The said post was advertised and a panel of three persons was recommended by the selection committee. It is alleged that the name of the respondent No. 6 was placed at the top of the select panel but by some error, the Committee of Management passed a resolution in favour of one Surendra Narain Pandey and forwarded the papers to the District Inspector of Schools, ...
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