Himachal Pradesh Court March 2010 Judgments
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Miss Sushma Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Mar-26-2010
R.B. Misra, J.1. In the present writ petition, petitioner has challenged the impugned order dated 4.11.2009 (Annexure P-12) to the writ petition passed by learned Additional Deputy Commissioner, District Sirmour at Nahan, H.P.With the consent of the parties, this writ petition is being adjudicated finally at this stage.2. It appears that the petitioner a matriculate, claiming to be the permanent resident of Naun, Tehsil Renuka, District Sirmour, H.P., had applied to the post of Anganbari Worker in Anganwadi Centre, Shamoila at Sangrah, District Sirmour. The petitioner was interviewed on 20.3.2008 and was selected and appointed as Anganwadi Worker vide letter dated 23.3.2008 and started working from 24.3.2008 as such. For selection to the post of Anganwadi Worker petitioner said to have submitted documents e.g. copy of Parivar Registrer, certificate to the effect that no member of her family is in employment of Government or Semi-Government, certificate of income of family, backward cla...
State of H.P. Vs. Surender Pal and ors.
Court: Himachal Pradesh
Decided on: Mar-25-2010
Deepak Gupta, J.1. This appeal by the State is directed against the judgement dated 6.9.1995 of the learned Sessions Judge, Chamba, in Sessions case No. 7 of 1995 whereby he acquitted the accused of having committed offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.2. Accused No. 1 has been declared to be a proclaimed offender and the appeal is being heard in respect of accused No. 2 and 3.3. The prosecution case, in brief, is that on 7.11.1994 a police party headed by S.I. Ramesh Pathania, PW-10, and consisting of PW-6 HC Krishan Gopal, one other head constable and three other constables had laid a Nakka at Tunuhatti Barrier for traffic checking. At about 1.15 p.m a Maruti van No. PB-07-1771 reached the barrier from Chamba side. Accused No. 1 Surender Pal was driving the said van and accused No. 2 and 3 were sitting on the rear seat. According to the prosecution, there was a polythene bag lying between the two accused 2 and 3 on the rear s...
Sohan Lal Gupta Vs. H.P. State Electricity Board and anr.
Court: Himachal Pradesh
Decided on: Mar-23-2010
Kurian Joseph, C.J.1. The petitioner has filed the writ petition with the following prayer:(i) That the respondents may kindly be directed to step up the pay of the applicant and fix the same at par with the pay of Smt. Kamlesh Tandon who is junior to the applicant w.e.f. 1.1.97.2. When the Tribunal was abolished, the matter was transferred to this Court and hence the writ petition. We find from the Note supplied to us that the Board is in active consideration of the case of the petitioner. In fact, in the Note supplied, it has been noted thus: 22(1) on completion of 23 years of his junior Smt. Kamlesh Malhotra and nor due to none exercise the option by Sh. Sohan Lal Gupta under provision of F.R. 22(1)(a)(i) on completion of 23 years service on 5.2.91 and as such the pay of Sh. Sohan Lal Gupta can be stepped up equal to the pay of his junior Smt. Kamlesh Malhotra from Rs. 9400/- to Rs. 9700/- w.e.f. 1.1.97 with next increment on 1.1.98 accordingly. In view of above the proposal to step...
Stynder Singh Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Mar-19-2010
Surinder Singh, J.1. The bail was denied to the petitioner herein for the offence punishable under Section 29 of the Narcotic Drugs and Psycho tropic Substances Act, registered in Police Station Banjar. The instant application has now been moved for seeking the bail.2. Precisely the prosecution story is that on 27th August, 2009, at about 5 a.m., the police party headed by ASI Man Singh was putting a 'naqa' near 'naglari pool'. In the meantime, a Bolero vehicle bearing registration No. HP-34A-0213 came from the side of village Gushaini. It was stopped. Main accused Shyam Singh was sitting on the steering wheel. One person sitting beside him seeing police opened the window of the vehicle and fled away. Shyam Singh was apprehended on the spot on suspicion and on checking the said vehicle, police recovered 19 Kgs Charas. On his interrogation Shyam Singh aforesaid disclosed that the person who had escaped was Mahinder son of Ram Rattan resident of village Pekhari, Tehsil Banjar. He was fur...
A.D. Hydro Power Ltd. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Mar-17-2010
Kurian Joseph, C.J.1. Writ petition has been filed mainly with the following prayers:(i) Respondents may kindly be directed to ensure that petitioner company is able to carry out its transmission work ( as described in para 6 of the petition) of the Time bound 192 MW Hydro Electric Power Project peacefully inspite of the objections of the owners/occupiers/any person claiming any interest on the land over which the towers are to be constructed;(ii) Respondents may kindly be directed to make available to the petitioner, lands where the Towers as per its approved scheme/surveys are to be erected and the transmission lines are to be laid out;(iii) The respondents may kindly be directed to specify any agency/officer with which the petitioner company is to deposit the compensation for the damage to the land over which the transmission towers of the Project are proposed to be erected. Any other order which this Hon'ble Court deems just and proper in this behalf, may also kindly be passed.2. T...
State of Himachal Pradesh Vs. Narender Kumar Alias Hira and ors.
Court: Himachal Pradesh
Decided on: Mar-17-2010
Sanjay Karol, J.1. This appeal under Section 378 of the Code of Criminal Procedure by the State is directed against the judgment of acquittal dated 10.1.1995, passed by the learned Sessions Judge, Solan, H.P. in Sessions Trial No. 21-S/7 of 1992 under Sections 363, 376 and 368 IPC.2. It is the case of the prosecution that Sh. Mange Ram (PW-4) used to reside in village Drumbal, Kasauli H.P. along with his family including the prosecutrix (PW-3) aged 14 years. On 31.12.1991 he and his wife Smt. Laxmi Devi had gone out for work leaving behind their children, including the prosecutrix at home. Smt. Laxmi Devi came back at about 4 P.M. and did not find the prosecutrix at home. Her son Monty informed her that one Kumari Ganja d/o. Sh. Nand Lal had come and the prosecutrix had gone with her. Inspite of her attempts she could not trace the prosecutrix and as such at about 5.00 p.m. she disclosed this fact to her husband. At about 6.00 p.m., both Sh. Mange Ram and Smt. Laxmi Devi visited the ho...
Ms. Anchna Kumari Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Mar-17-2010
Kurian Joseph, C.J.1. The appellant is aggrieved by the judgment of the learned Single Judge dated 19th May, 2008 in CWP No. 180 of 2006. The appellant is the respondent in the said Writ Petition. The State has challenged the award passed by the Labour Court in the matter of compassionate appointment of the Writ Petitioner. That the appellant is entitled to compassionate appointment is not in serious dispute in view of the eligibility accrued to her on account of the death of her father, who was a Class IV employee. The serious dispute was with regard to the claim made by the appellant for appointment in Class III.2. The learned Single Judge held that the appointment can only be made to the lowest rung of Class IV post. The basis for the finding of the learned Single Judge was that the petitioner's father was working as T-Mate, which is a Class IV post and hence the claim can only be against Class IV post when the compassionate appointment is sought.3. Having heard the learned Counsel ...
Court on Its Own Motion Vs. State of Hp and ors.
Court: Himachal Pradesh
Decided on: Mar-16-2010
Kurian Joseph, C.J.1. This writ petition is registered as suo motu on the basis of a news paper item that appeared in the Tribune of 25.11.2009 to the effect that the mother of a martyr has been waiting for pension for long. In the written instruction furnished to the learned Assistant Solicitor General of India from the Head Quarter, Narayanpur, it is stated as follows:In view of above instructions, Smt. Bimla Devi M/O late Cook Suil Kumar who died on 27.8.2009 is eligible for family pension with effect from 1.1.1998. Accordingly she has already been requested to submit necessary certificates like affidavit, dependent certificate and monthly income certificate etc. (A copy of Pay and Accounts Division, New Delhi, letter No. PAD/18-6534(41)/PN-III/BSF/2004 dated December 2004 is also enclosed herewith for perusal and ready reference). Accordingly, family pension papers have also been sent to Smt Bimla Devi for signature and other formalities through special messenger. Therefore, it is ...
State of Himachal Pradesh Vs. Rajeev Kumar and ors.
Court: Himachal Pradesh
Decided on: Mar-16-2010
Surinder Singh, J.1. The State has challenged the acquittal of the respondents for the charges framed against them under Section 3 (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') and also under Sections 147 and 323 read with Section 149 of the Indian Penal Code, passed in Sessions Case No. 3-B/VII/2002 on 2nd December, 2002.2. In short, the prosecution case can be stated thus. According to the prosecution, PW-2 Bishna Devi is stated to be a lady of Dumna caste. She alongwith other women of the same caste, namely, Kirna, Arna, Mahindra, Sudesh, Pawna, Sunita and Soma Devi went to fetch the water from a village 'Bauli'. It is alleged that the respondents except respondent Manglan Devi, who are from upper caste, i.e., Rajput were found present. As soon as the aforesaid ladies took water from the 'Bauli' in their respective vessels, the respondents threw their water out of the vessels on the pretext that they would not permit the m...
Dr. Vinod Pathak Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Mar-15-2010
Rajiv Sharma, J.1. The petitioner's pay was fixed at Rs. 14,700/- vide Annexure: P-l dated 26.10.1998. The same was withdrawn vide Annexure: P-2 dated 29.10.2001. The petitioner has not been heard before issuance of Annexure: P-2. He has suffered civil and evil consequences. The petitioner has neither misled nor mis-represented the authorities at the time of issuance of Annexure : PI.2. Their Lordships of the Hon'ble Supreme Court in Syed Abdul Qadir and Ors. v. State of Bihar and Ors. : (2009) 3 SCC 475, have culled out the following principles governing the circumstances in which the excess amount cannot be recovered by the employer:55. That apart, it also appears from the record produced before us that while the Finance Department of the Government of Bihar was in favour of making the amended provisions of FR. 22-C applicable to the appellants-teachers after having come to know that the said rule did not exist and had been substituted, the Department of Human Resource Development, G...
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