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Chhattisgarh Court February 2006 Judgments

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Feb 07 2006

Lakhan Lal Nayak Vs. Ministry of Home Affairs and ors.

Court: Chhattisgarh

Decided on: Feb-07-2006

Reported in: 2006(3)MPHT64

ORDERSatish K. Agnihotri, J.1. This petition is filed by the petitioner, who was Constable in General Railways Police. On 5-10-1993, the petitioner was found in drunken condition and misbehaved one Prakash Maheshwari and his friends. Prakash Maheshwari and his friends lodged an FIR (Annexure P-1) in the General Railway Police, Raipur on the same day alleging that the petitioner demanded money and wine impersonating himself as CID Officer. The petitioner further assaulted one Bhagwan Yadav.2. Pursuant to the said FIR dated 5-10-1993, the Superintendent of Police, Railways, Raipur suspended the petitioner from his service on the ground that the petitioner had misbehaved with the public in drunken condition and abused and assaulted some of the persons at Railway Station, Raipur.3. The charge-sheet was issued on 6-11-1993 (Annexure P-3), on the charges that the petitioner was found in drunken condition in the night on 5-10-1993 at Raipur Railway Station platform. The petitioner abused and ...


Feb 07 2006

Salil Lawrence and anr. Vs. Subrato Mukherjee and ors.

Court: Chhattisgarh

Decided on: Feb-07-2006

Reported in: (2006)IIILLJ744CG

ORDERS.R. Nayak, C.J.1. This is another instance of a Trade Union rivalry brought to the fore and landed in this Court for judicial review of the question i.e., between the warring groups, which group, whether the group headed by the petitioners or the group headed by the first respondent are legally elected office bearers of the trade union concerned. The facts of the case loudly speak and highlight how ambition and chicanery on the part of the concerned tradesman to capture the power of trade union, by hook or crook, threw out all democratic norms which should govern election of the office bearers of the trade union thereby doing great injustice to the trade union movement in the industry and failing to protect the legitimate interest and rights of the members of the trade union.2. This writ petition is directed against the award of the State Industrial Court, Chhattisgarh, Raipur (for short 'the Industrial Court') dated December 20, 2005 , passed in Reference case No. 09/I.T.U. Act/...


Feb 06 2006

Digital Weighing Systems Pvt. Ltd. Vs. Food Corporation of India and o ...

Court: Chhattisgarh

Decided on: Feb-06-2006

Reported in: AIR2006Chh68

ORDERS.R. Nayak, C.J.1. The petitioner is a Private Ltd. Company engaged in business of manufacturing and services of weighing systems. The petitioner was supplier of weighing systems to the Food Corporation of India, the first respondent herein. On 23rd August, 2005, a notice signed by Shri A. K. Sahni, General Manager (Engineering) under the authority and on behalf of the Executive Director (Engg.), Food Corporation of India, Project Implementation Division, New Delhi, the second respondent herein, was issued to the petitioner, a copy of which is marked as document D-1 along with the rejoinder filed by the petitioner to the return of respondent No. 3, which reads as follows:No Engg./Mech./VIC CASE/2004/272Dated 23rd Aug., 05.M/s. Digital Weighing System,Plot No. P1 B & C, P2,Industrial Area, Tifra, Bilaspur (CG) 495 223Sub-Poor performance of Digital Make Electronic Weigh Bridges supplied to FCI-regarding.Sir,It has been observed that you have supplied and installed electronic weigh ...


Feb 06 2006

itwari Lal Ajgole Vs. State of Chhattisgarh and ors.

Court: Chhattisgarh

Decided on: Feb-06-2006

Reported in: 2006(2)MPHT55(CG)

ORDERSatish K. Agnihotri, J.1. The petitioner, who was working as Block Education Officer at Gharghoda, District Raigarh was transferred vide order dated 3-5-2003 (Annex-ure P-3) to the Government Higher Secondary School, Khamhar, Block Development Dharamjaigarh, District Raigarh.2. The petitioner has challenged the impugned transfer order dated 1-2-2003 (Annexure P-2) also whereby the respondent No. 4 was transferred from the post of Lecturer, Government Higher Secondary School, Urba, Block Development Tamnar, District Raigarh on his own expenses to the post of In-charge Block Education Officer, Gharghoda, District Raigarh in place of the petitioner.3. The petitioner has filed this petition challenging impugned transfer order on the ground that the impugned transfer order dated 3-5-2003 (Annexure P-3) was malafide exercise of power to accommodate the respondent No. 4 at the office of Block Education Officer, Gharghoda, District Raigarh.4. This Court, vide interim order dated 26-3-2003...


Feb 06 2006

Rameshwar Singh Kurre Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Feb-06-2006

Reported in: 2006CriLJ4107

ORDERV.K. Shrivastava, J.1. Heard.2. Applicant is accused in Crime No. 145/2004 registered at Police Station BhiLai Bhatti, Durg, for commission of offence punishable Under Sections 379, 420, 467 and 468 read with Section 34 of the IPC.3. First bail application for grant of bail. Under Section 439 of the Cr.P.C. has been dismissed by this Court on 14.2.2005 on the ground that there is allegation and evidence to show that the applicant obtained a stolen Motorbike, prepared fake documents and on the basis of those documents, he sold the same. There is also evidence to suggest that the applicant is continuously involved in making fake documents of Transport Department.4. Again applicant filed an application for grant of bail Under Section 439 of the Cr.P.C. second time and vide order dated 10.5.2005 this Court rejected the bail application filed by the applicant. On 7.2.2005 Judicial Magistrate First Class framed charge against the applicant for committing offence punishable Under Section...


Feb 03 2006

D.P. Verma Vs. State of Chhattisgarh and ors.

Court: Chhattisgarh

Decided on: Feb-03-2006

Reported in: 2006(3)MPHT6(CG)

ORDERSatish K. Agnihotri, J.Heard.1. The present writ petition filed under Article 226/227 of the Constitution of India seeks a direction against the respondents to pay interest for delayed payment of pension and gratuity.2. The facts in nutshell are that the petitioner was working as Finance & Accounts Officer in the treasury department of undivided State of Madhya Pradesh. The petitioner retired from his office on 28-2-1989 on attaining the age of superannuation. The petitioner was not granted retiral dues immediately. The petitioner started receiving his retiral benefits after a period of more than seven years from 7-12-1996 (Annexure P-2).3. The Senior Treasury Officer, District Treasury, Raipur directed the Treasury Officer, District Treasury, Bilaspur for release of pension and gratuity in April and December, 1996 respectively.4. The petitioner has filed this petition claiming interest on the commuted pension amount i,e., Rs. 48450/- from 1-3-1989 to 7-4-1996, the day. petitioner...


Feb 01 2006

Yakub Sarif Vs. State Transport Appellate Tribunal and ors.

Court: Chhattisgarh

Decided on: Feb-01-2006

Reported in: AIR2006Chh46

ORDERS.R. Nayak, C.J. 1. The facts of this case are simple and straight forward. The petitioner made an application on 3-3-2004 to the 2nd respondent for grant of regular permit on the route Durg to Raipur. The 4th respondent herein too made an application on 17-5-2004 for grant of regular permit on the same route. The 2nd respondent by his order dated 6-7-2004 granted the permit in favour of the 4th respondent. The petitioner being aggrieved by the above order of the 2nd respondent has filed this writ petition.2. On service of notice, respondents 2 and 3 have filed their return. In the return, it is stated that the application filed by the petitioner was taken-up for consideration on 16-3-2004 and after consideration, his application was rejected, but, the file where the application of the petitioner was considered and decision taken, is not produced before the Court. It is stated by the respondents 2 and 3 that the said file was lost/ misplaced. Not only the concerned file is not pro...


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