Allahabad Court December 2010 Judgments
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Girija Shanker Dubey Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-03-2010
1. Aggrieved by the order of punishment dated 13.3.2006 (Annexure-9 to the writ petition) passed by respondent no. 2 imposing major penalty of withholding of two increments with cumulative effect, minor penalty, a censure and further withholding of integrity as a well as a direction that independent charge not to be given to the petitioner in future; the order dated 28.11.2006 (Annexure 15 to the writ petition), passed by respondent no. 1 rejecting petitioner's appeal, the present writ petition has been filed under Article 226 of the Constitution seeking a writ of certiorari for quashing the same. 2. Learned Counsel for the petitioner submits that after receiving enquiry report, the disciplinary authority has proceeded in utter violation of Rule 9(4) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as "1999 Rules"), hence the entire proceedings subsequent thereto are illegal, without jurisdiction and in utter violation of principles of natural...
Om Prakash Vs. State of U.P. and Another
Court: Allahabad
Decided on: Dec-03-2010
1. This revision has been filed by the revisionist under the provisions of Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000,(for short the Act) feeling aggrieved by the judgment and order dated 2.8.08 passed by the learned Sessions Judge, Mathura, while disposing of Criminal Appeal No.101 of 2008. 2. The brief facts of the case are that the revisionist is involved in case crime no.201 of 2006 under Sections 302, 504 I.P.C., P.S.Kosi Kalan, District Mathura. He has been named in the F.I.R. After investigation a charge sheet was filed against him which was submitted by the investigating officer in the Court of learned Magistrate. Thereafter the case was committed to the Court of Addl. Sessions Judge, Mathura where the case was transferred by the learned Sessions Judge. The revisionists moved an application before the learned Judge on 29.11.07 that he was a juvenile on the date of the alleged offence and he further prayed that his matter may be referred to th...
Chandra Bahadur Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-03-2010
1. This appeal has been filed against the judgment and order dated 11.3.2005 passed in Civil Misc. Writ Petition No. 54539 of 2003, Chandra Bahadur Singh versus State of U.P. and others by which the writ petition was dismissed on the ground of latches holding that the impugned order was passed in the year 1998 and the writ petition has been filed in the year 2003, almost after five years of the passing of impugned order without there being any explanation with regard to the latches. 2. Sri P.N. Tripathi, learned counsel appearing for the appellant has submitted that the Court while deciding the writ petition has not taken correct view as the petitioner appellant has been making representations for redressal of his grievance during these years. Therefore, the latches should have been condoned and the petition should have been heard on merit. This Court has made a specific query from Sri P.N.Tripathi, learned counsel for the appellant to point out those averments in the writ petition whe...
Dharmendra Kumar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-02-2010
1. The petitioner herein was the co-owner of the land bearing KHASRA No. 427. A notification dated 12.3.2008 under Section 4 (1) read with Section 17 (1) and 17 (4) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') was issued. This was followed by a declaration dated 19.11.2008 under Section 6 of the Act. Possession of the land was taken on 16.2.2009. The petitioner has received the compensation offered. 2. By the present petition, the petitioner has prayed for the following reliefs:- (a) issue a writ, order or direction in the nature of Certiorari quashing the impugned notification dated 12.03.2008 (Annexure no.1 to the writ petition) issued under Section 4 (1) read with Sections 17 (1) and 17 (4) and notification dated 19.11.2008 (Annexure no.2 to the writ petition) issued under Section 6 of the Land Acquisition Act, 1894, in respect of half share of land of Khasra no. 427 situated in village Makaura, Pargana Dadri, Tehsil and District Gautam Budh Nagar. (b) is...
Dr. Raksha Goswami D.O. Late S.D. Goswami Vs. State of U.P. Thru Chief ...
Court: Allahabad
Decided on: Dec-02-2010
1. Heard Shri S.K.Kalia learned Senior Advocate assisted by Shri Sanjay Kumar learned counsel appearing on behalf of the petitioner and Shri D.K.Upadhayay learned Chief Standing Counsel. 2. Controversy in question seems to be an instance where for one or other reason State Government had deprived the petitioner to discharge duty as Director Ayurved, though she was selected and appointed in accordance to rules. Government for the reasons best known to it seems not interested to assign the duty to the petitioner for the post of Director Ayurved rather it wants to place a person of its choice as the head of the Department. 3. The petitioner was promoted to officiate on the post of Director Ayurved by order dated 23.9.2005 contained in Annexure No. 13 to the writ petition. It appears that certain adverse entries were given to the petitioner de hors the Rules, which according to Shri S.K.Kalia learned Senior Advocate, was done in order to create obstacle in petitioner' career. In consequenc...
Ram Ashrey Sharma and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-02-2010
1. A family consisting of four applicants viz Ram Asrey Sharma (A1), his brother Ram Bachan Sharma (A2), his mother Prabhawati Devi (A3) and one Smt. Sitabi @ Sitabia (A4) have invoked the inherent jurisdiction of this court U/S 482 Cr.P.C. (in short Code), through instant Criminal Misc Application ( in short Application) with the prayer that their prosecution in Case No. 140 of 09, State v. Ram Ashrey Sharma and others, u/s 419, 420, 467, 468, 471 and 120-B IPC, P.S. Rasda, district Ballia,relating to Crime No. 150 OF 09, pending in the court of IV Judicial Magistrate, Ballia, be quashed. They have also prayed for stay of trial court proceedings against them interregnum. 2. Proceeding necessary facts, generating instant 482 Application though chequered are simplifiedly narrated hereinafter. To start with a pedigree involving rival contesting sides is sketched below:- ...
Jageshwar Prasad Vs. Nagar Palika Parishad Hamirpur and ors
Court: Allahabad
Decided on: Dec-02-2010
1. The present Writ Petition has been filed under Article 226 of the Constitution of India, inter-alia, praying for quashing the orders dated 2.8.2000 and 8.9.2000 (Annexures-8 and 7 respectively to the Writ Petition) passed by the State Public Services Tribunal and for quashing the order of punishment dated 16.1.1984 passed by the Disciplinary Authority (Annexure-5 to the Writ Petition) and the order dated 18.10.1989 passed by the Appellate Authority(Annexure-6 to the Writ Petition). 2. It appears that at the relevant time, the petitioner was working on the post of Record Keeper in Nagar Palika, Hamirpur, District-Hamirpur. By the order dated 22.8.1983(Annexure-1 to the Writ Petition), the petitioner was suspended and disciplinary enquiry was ordered. The Enquiry Officer was appointed, and he issued a charge-sheet dated 17.10.1983 (Annexure-2 to the Writ Petition) to the petitioner levelling 4 charges. 3. First charge was that the petitioner left the Headquarter on 7.8.1983 availing c...
CM, the Azamgarh Muslim Education Society Thru' Sec. And Ors. Vs. Stat ...
Court: Allahabad
Decided on: Dec-02-2010
1. Special Appeal No.1736 of 2010 has been filed by the Committee of Management of the Azamgarh Muslim Education Society through its Secretary, Wasiuddin as also the Committee of Management, Shibli National Post Graduate College, Azamgarh through its Secretary, Wasiuddin and twenty other persons challenging the order dated 27th September, 2010 passed by the learned Single Judge, wherein the writ petition preferred by the appellants herein has been disposed of with the certain directions. 2. Special Appeal Defective No.954 of 2010 has been filed by Sri Wasiuddin, Joint Secretary/Officiating Secretary, the Azamgarh Muslim Education Society, Azamgarh and Sri Abu Saleh Ansari challenging the order dated 27th September, 2010 passed by the learned Single Judge, wherein the writ petition preferred by the respondent nos. 4 and 5 arrayed in the appeal has been disposed of by the learned Single Judge by applying the reasons and directions issued in Writ Petition No.47139 of 2010, Committee of Ma...
The National Insurance Company Ltd. Vs. Smt. Ravi Bala Sharma and Othe ...
Court: Allahabad
Decided on: Dec-02-2010
1. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 3.6.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 533 of 2005 filed by the claimant-respondent nos. 1, 2 and 3 on account of the death of Pramod Kumar Sharma in an accident which took place on 17.12.2004 at about 1.35 P.M. 2. The case of the claimant-respondent nos. 1,2 and 3 was that on 17.12.2004, the said Pramod Kumar Sharma was going to Muzaffar Nagar by Santro Car No. DL-3AB-5559; and that the said Pramod Kumar Sharma was driving the said Santro Car at moderate speed on his left side very carefully; and that when the said Pramod Kumar Sharma reached near village-Bhainsi under the Police Station-Khatauli at about 1.35 PM, a Matador bearing Registration No. UP-12D-4629, which was being driven by its driver in a rash and negligent manner and at high and excessive speed, came from Muzaffar Nagar side and hit th...
Kishan Kumar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-01-2010
1. This writ petition has been filed for quashing the order impugned dated 25.10.2007, Annexure-1 to the writ petition as well as the order dated 24.6.2008, Annexure-2 to the writ petition. Further prayer is for issuing a writ in the nature of mandamus commanding the respondents to make payment of salary to the petitioner along with arrears. 2. The facts arising out of the present writ petition are that on the basis of advertisement made by the respondents for the purpose of recruitment of constables in the State, the petitioner applied in response to the aforesaid advertisement and was selected and was sent for training. After completion of the training, he was posted as constable in district-Agra on 4.12.2007. In the mean time, the Superintendent of Police, Agra has issued an order by which the services of the petitioner has been dispensed with on the ground that he has concealed the material facts and has not disclosed that a criminal case was filed against him under Sections 323, 3...
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