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Chhattisgarh Court October 2015 Judgments

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Oct 28 2015

Hemant Kumar Nayak Vs. State of C.G., Through the Secretary, Water Res ...

Court: Chhattisgarh

Decided on: Oct-28-2015

Order On Board 1. The root question that arises for consideration is whether the Labour Court has power and jurisdiction to dismiss the reference validly made by the appropriate Government under Section 10 (1) of the Industrial Disputes Act, 1947 in default? 2. On the request being made by the petitioner to the appropriate Government, the appropriate Government by its order dated 4-12-2009 referred the matter to the Labour Court for adjudication that whether the termination of the petitioner is valid and whether the petitioner is entitled for any relief. After the matter was referred, the reference was fixed for evidence of the petitioner on 11-3-2011 and on that day, in absence of the petitioner, reference so made was dismissed for default. 3. The petitioner filed an application for restoration under Order 9 Rule 4 of the Code of Civil Procedure, 1908, with a delay of 5 months 4 days along with an application for condonation of delay stating inter alia that he was suffering from Hepat...


Oct 26 2015

Swatantra Ratna Panigrahi Vs. State of Chhattisgarh Through The Secret ...

Court: Chhattisgarh

Decided on: Oct-26-2015

Order on Board 1. By this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of direction to respondent authorities for consideration of his case for compassionate appointment in accordance with circular dated 14.6.2013. 2. Petitioner s mother Leelawati while working as Assistant Teacher (Panchayat) in Primary School, Durkiguda (Chhindgaon) died in harness on 23.7.2011. The petitioner being son of deceased Leelawati Panigragi made an application for appointment on compassionate ground. The Collector, Bastar by its order dated 1.2.2014 rejected the application of the petitioner holding that father of the petitioner is already in government service and therefore, he is not entitled for compassionate appointment. 3. Being dissatisfied and aggrieved against the order rejecting his case for compassionate appointment, the present writ petition has been filed stating inter-alia that there is no ban or bar in the policy of the State Government ...


Oct 26 2015

Pushyamitra Mishra @ P. M. Mishra and Another Vs. C.B.I., A.C.B. Branc ...

Court: Chhattisgarh

Decided on: Oct-26-2015

Cav Order 1. The applicant No.1 at the relevant time was working as a Regional Officer in Central Regional Office AICT Bhopal on deputation and the applicant No.2 at that time was working as an Associate Professor in Maulana Azad National Institute of Technology, Bhopal. The applicant No.1 had allegedly sent ineligible members including applicant No.2 with the team of expert committee for the purpose of inspection, whereas the applicant No.2 is alleged to have obtained huge illegal gratification from the private educational institute to extend favour in the inspection as a member of expert committee and consequently both are facing trial for offences punishable under Sections 7, 13(2) read with 13(1)(d) and 13(1)(a) of the Prevention of Corruption Act, 1988 (hereinafter called as PC Act) and Section 120-B of the Indian Penal Code (hereinafter called as IPC ). 2. The Director (Dr. Appu Kuttan K.K.), Maulana Azad National Institute of Technology, Bhopal being authority competent to remov...


Oct 26 2015

Jaya Bai Verma Vs. State of Chhattisgarh Through The Secretary, New Ra ...

Court: Chhattisgarh

Decided on: Oct-26-2015

Order on Board 1. The moot question that arises for consideration is whether a person/candidate applying for a post, who is not having requisite educational qualification as per rules, is entitled for compassionate appointment de-hors the Rule applicable ? 2. Petitioner s husband namely Shri Arun Kumar while working as Shiksha Karmi Grade-III died in harness on 30.8.2010. The petitioner made an application for appointment on the post of Shiksha Karmi Grade-III on compassionate ground. Her application was not decided by the respondent No.3 right in time. 3. Thereafter, the petitioner filed writ petition being WP(s) No.289/2015. This Court by order dated 29.1.2015 directed respondent No.3 to consider the case of the petitioner in accordance with law within the time stipulated in the order. Thereafter, respondent No.3 by its order dated 12.5.2015 (Annexure P/13) rejected the application of the petitioner stating inter-alia that the petitioner did not possess requisite qualification for th...


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