Chhattisgarh Court April 2012 Judgments
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Ram Kumar Chaudhary Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Apr-23-2012
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1. By this petition, the petitioner seeks a writ to quash the impugned order dated 14.09.2002 (Annexure P-5), whereunder, the petitioner was removed from the service under the provisions of Rule 10(9) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short "the Rules, 1996") and further, it was directed to deposit a sum of Rs.18,111/- for loss of 180.440 kg of copper wire, and impugned order dated 28.04.2006 (Annexure P-6), whereunder, the appeal preferred by the petitioner was dismissed by the High Court. 2. The facts, in brief, as stated by the petitioner are that the petitioner was working as Junior Naib Nazir in Civil Court, Baikunthpur, District Koriya from 26.07.1997 to 05.02.2001. In criminal case No.58/1998, there was a direction to return the seized articles i.e. the copper wire of 270 kg to the accused persons namely Nasrudin and Ramesh Kumar Tamrakar. It was found ...
Ayushman Mishra Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Apr-23-2012
I.A.No.3 This is an application for amendment in the writ petition. 1. By the aforesaid application for amendment the petitioner seeks to implead Rajeev Lochan Tiwari, Satyendra Shah and Amit Kumar Sinha as party/respondents No.4, 5 and 6, respectively. The petitioner also seeks amendment in the pleadings as well as in the relief clause. 2. Learned counsel appearing for the petitioner submit that the Division Bench of this Court in Chhattisgarh Public Service Commission v. State of Chhattisgarh and Others and other connected matters held that the age for the post of Deputy Superintendent of Police is minimum 20 years and maximum 25 years. The State has changed the same to minimum 21 years and maximum 28 years in the Chhattisgarh Police Executives (Gazetted) Service Recruitment and Promotion Rules, 2005 (for short "the Rules, 2005"). The Government by notification dated 19th August, 2011 has further made amendment in the Rules, 2005 contrary to the judgment of this Court in Chhattisgarh...
Santosh Kumar Baiga and Others Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Apr-23-2012
(Writ Petition under Article 226 of the Constitution of India) 1. Since, W.P.(S) Nos.1740, 1741, 1742, 1743, 1744 and 1745 of 2012 involved the same question of facts and law, they are being decided by this common order. 2. The petitioners impugn the letter dated 23.03.2012 (Annexure P-1), whereunder, the petitioners have been asked to produce properly verified caste certificate within a period of seven days. 3. Learned counsel appearing for the petitioners submits that in identical situation, this Court has granted six months time to produce the certificate in W.P.(S) No.4505/2011 (Lela Bai Baiga v. State of Chhattisgarh and Others). The petitioners have filed a copy of the order passed in other cases without explaining asto how the other matters were similar to the present cases. 4. On perusal of the letter dated 23.03.2012, it is evident that the petitioners were served the notice on 06.12.2010, by the Chief Executive Officer, Janpad Panchayat Kota, to produce properly verified cast...
Ku Nidhi Kesharwani Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Apr-23-2012
(Writ Petition under Article 226/227 of the Constitution of India) 1. Learned counsel appearing for the petitioner submits that the petitioner was duly appointed on the post of Shiksha Karmi Grade-II by the appointment order dated 17.06.2005 (Annexure P-3). On the basis of certain complaint, by order dated 06.12.2005 (Annexure P-2) the Director, Panchayat and Social Welfare, Raipur, while exercising his power under Section 85 (1) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short "the Adhiniyam, 1993"), suspended the execution of the order of appointment, issued by the Chief Executive Officer, Zila Panchayat, Janjgir-Champa. On the basis of said order dated 06.12.2005, the Chief Executive Officer, passed the impugned order of termination on 13.12.2005 (Annexure P-1) without affording any opportunity of hearing. 2. Learned counsel appearing for the petitioner submits that the impugned order passed by the Chief Executive Officer, is without competence, as he has exceeded his ju...
Pramod Kumar Philips Vs. Chhattisgarh Infrastructure Development Corpo ...
Court: Chhattisgarh
Decided on: Apr-16-2012
(Writ Petition under Article 226 and 227 of the Constitution of India) 1. By this petition, the petitioner-employee impugns the legality and validity of the order dated 30-6-1989 (Annexure - C) passed by the Labour Court, Durg, in case No.197/MPIR/87 (Pramod Kumar Philips v. Depot Manager) and the order dated 11-1-1990 (Annexure - D) passed by the Industrial Court, in appeal No.236/MPIR Act/89 (Shri Pramod Kumar Philips v. Division Manager). 2. The facts, in brief, as projected by the petitioner, are that initially the petitioner was appointed as Conductor on 26-2-1983 in the Madhya Pradesh State Road Transport Corporation (for short "the MPSRTC"). The services of the petitioner was terminated by order dated 30-1-1984. Being aggrieved by the said termination order, the petitioner approached the Labour Court and the Labour Court by order dated 5-4-1985 set aside the termination order and directed for reinstatement of the petitioner in service with back wages. 3. Subsequently, by order d...
Smt Vandana a Chouhan and Others Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Apr-16-2012
(Writ Petitions under Article 226/227 of the Constitution of India) Per SATISH K. AGNIHOTRI, J. 1. WP (C) Nos.7145 of 2010, 7339 of 2010 and 1168 of 2011 involve common facts as well as common question of law, thus, they are being considered and disposed of by this common order. 2. By these petitions, the petitioners seek a direction to the respondents No.3 and 4 i.e. Chhattisgarh Swami Vivekanand Technical University, Bhilai (for short "the University") and Shri Shankaracharya College of Engineering and Technology, Bhilai (for short "the College"), respectively, to declare the result of the petitioners in the backlog subject wherein, the petitioners appeared in the second time after failing in the concerned subject in the regular as well as in the first opportunity, thereafter. Further the respondents be directed to permit the petitioners to continue their studies on the basis of result to be declared in the backlog subject, in the second attempt. 3. The facts, in br...
Sheikh Wahid Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Apr-16-2012
WRIT PETITION U/A 226 OF THE CONSTITUTION OF INDIA 1. Challenge in this petition is to the transfer order dated 15.07.2011 (Annexure P/1) whereby the petitioner, working as Head Master at Primary School, Tikrapara, Basna, was transferred to Primary School, Baigapara, Block Bagbahara, within the same District Mahasamund, on administrative grounds. 2. Shri Tripathi, learned counsel appearing for the petitioner would submit that the petitioner was working as Head Master and has completed the age of 59 years. Without any proposal, under the advise of respondent No.4, who had threatened the petitioner earlier also, the petitioner was transferred, and in his place, the respondent No. 5 was transferred. Shri Tripathi would next submit that the impugned transfer is mala fide exercise of power as the same was not approved by the Minister-in-charge, and further, the transfer has been made in the mid academic session. The impugned transfer is punitive in nature and contrary to the provisions of t...
R. Sreekantan Nair Vs. National Mineral Development Corporation Ltd an ...
Court: Chhattisgarh
Decided on: Apr-13-2012
(Writ Petition under Article 226/227 of the Constitution of India) 1. By this petition, the petitioner impugns the legality and validity of the order dated 15-4-2002 (Annexure - P/8) passed by the General Manager, National Mineral Development Corporation Limited (for short "the respondent- NMDC") whereby the petitioner has been reverted to the lower post of Senior Stenographer Grade - I with a minimum basic pay of Rs.6200/- per month for a period of three years. The petitioner also seeks a direction to the respondent NMDC to make payment of his salary and other consequential benefits. 2. The facts, in brief, as projected by the petitioner, are that initially the petitioner was appointed as Junior Stenographer in the respondent NMDC on 1-11-1977. Thereafter, he was promoted to the posts of Senior Stenographer and Personal Assistant in the years 1983 and 1993, respectively. According to the petitioner in the year 1997 the petitioner applied for housing loan amounting to Rs.2,30,000...
R.B. Singh Vs. Union of India and Another
Court: Chhattisgarh
Decided on: Apr-13-2012
(Writ Petition under Article 226 of the Constitution of India) 1. By this petition, the petitioner impugns the legality and validity of the order dated 9-9-2008 (Annexure - P/6) passed by the respondent No.2 whereby and whereunder de novo enquiry against the petitioner was ordered. 2. The facts, in nutshell, as projected by the petitioner, are that initially the petitioner was appointed as Constable in Central Industrial Security Force (for short "CISF") on 10-9-1993. Thereafter, he was sent for training in the Regular Training Centre, CISF Unit, Badwa. On 27-4-1994 the petitioner was posted at CISF, Unit Goa and thereafter, from July, 1998 to 30-7- 2004 the petitioner was posted at Reserve Battalion, Badwa. Subsequently, by order dated 11-8- 2004 the petitioner was transferred from Badwa to CISF Unit BSP, Bhilai. 3. During the posting of the petitioner at CISF Unit BSP, Bhilai, the petitioner was placed under suspension vide order dated 28-3-2008 (Annexure - P/...
Ramadhar Bhaskar Vs. State of Madhya Pradesh and Others
Court: Chhattisgarh
Decided on: Apr-12-2012
ORDER PETITION UNDER ARTICLE 226 and 227 OF THE CONSTITUTION OF INDIA SATISH K. AGNIHOTRI, J. 1. By this petition, the petitioner seeks to quash the order dated 06.08.1997 (Annexure A/12) passed by the Madhya Pradesh State Administrative Tribunal, Jabalpur (for short `the Tribunal'), and also the order dated 30.09.1992 (Annexure A/8), passed by the Superintendent of Police, Surguja, (for short `the SP') whereby the services of the petitioner was terminated and the order dated 23.03.1993 (Annexure A/11) whereby the appeal preferred by the petitioner against the order dated 30.09.1992, was rejected by the Deputy Inspector General of Police, Bilaspur Range, affirming the order passed by the SP. 2. The facts, in brief, as projected by the petitioner are that the petitioner, while working on the post of Police Head Constable, at Police Station, Kelhari in Surguja, District was served with a charge sheet on 15.01.1992, wherein it was alleged that the petitioner has beaten one Dheersai ...
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