Himachal Pradesh Court January 2013 Judgments
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State of Himachal Pradesh Vs. Dharam Pal
Court: Himachal Pradesh
Decided on: Jan-08-2013
Surinder Singh, J. (oral): The State has challenged the acquittal of the respondent, for the offence punishable under Sections 498-A and 306 of the Indian Penal Code, in the present appeal. (ii) The background facts are that the deceased was married to PW12 Karam Singh aforesaid, a driver in H.R.T.C, in the year 1992. From this marriage, she gave birth to two sons. She was residing at her native place at Siri Naina Devi Ji near the old Bus Stand in a separate room. The accused is a real brother of Karam Singh serving in Army. He was residing separately in the vicinity with his wife Anju. It is alleged that whenever the accused used to visit his village during leave, he used to beat, harass and torture the deceased. (iii) In the month of December, 2002, the accused was on leave. On 19.12.2002, Sukh Dei (deceased) committed suicide by putting herself on fire. She was taken C.H.C. Ghawandal. At that time, she was unconscious having 90% burn injuries. PW3 Dr. Naveen Kataria gave first aid ...
Himachal Pradesh Public Service Commission Vs. Chaman Lal Sharma and O ...
Court: Himachal Pradesh
Decided on: Jan-08-2013
1. These two appeals are directed against the judgment of the learned Single of this Court in CWP No. 6178 of 2010 whereby he allowed the writ petition filed by Shri Chaman Lal Sharma and set aside the appointment of Shri Chander Mohan Chauhan as Computer Operator on ad hoc basis on 12.9.1991, on regular basis on 30.5.1995 and his promotion which was made on 18.1.1999. 2. Briefly stated, the facts of the case are that Shri Chander Mohan Chauhan (hereinafter referred to as the private respondent) was appointed as Computer Operator in the H.P. Public Service Commission (hereinafter referred to as the Commission) on ad hoc basis on 12.9.1991. His services were regularized on 30.5.1995. He was promoted to the post of Programme Planning Officer on ad hoc basis w.e.f. 29.10.1997 and he was regularized, as such, on 18.1.1999. 3. After the private respondent was promoted as Programme Planning Officer, one post of Computer operator fell vacant. After selection, Shri Chaman Lal Sharma (hereinaft...
Ranjna Kumari, Hamirpur District Vs. Union of India Through Ministry o ...
Court: Himachal Pradesh
Decided on: Jan-08-2013
Rajiv Sharma, J. Oral: 1. Petitioner lost her father, who was working as Subedar in the Indian Army on 1.7.2003. She lost her brother in the year 2007. Petitioners mother made a representation for the engagement of the petitioner on compassionate basis. Petitioner was offered appointment letter on 20.8.2010 as Sales Woman at Trishul Canteen Barsar. She discharged her duties upto 31.3.2012 on the basis of agreement entered into between the parties. However, fact of the matter is that petitioner has not been offered appointment after 31.3.2012 only on the ground that she has married on 7.7.2011 and her mother is no more dependant on her. Petitioner has also given instances of one Sh. B.D. Sharma and Sh. Rajesh, who have continued in the same and similar circumstances. 2. Mr. Y.P.S. Dhaulta has vehemently argued that the post of Sales Man is required to be filled up by Ex-servicemen and since the petitioner has married, her appointment could not be continued. 3. According to para 33 of An...
Gulaba Ram Vs. State of Hp Through Secretary (Education) to Hp Govt. S ...
Court: Himachal Pradesh
Decided on: Jan-08-2013
Deepak Gupta, J. (Oral): 1. This appeal is directed against the judgement dated 6.3.2009 passed by a learned Single Judge of this Court in CWP(T) No. 3395 of 2008. 2. Briefly stated the facts of the case are that the appellant, hereinafter referred to as the petitioner, was working as peon in the Education Department of the Himachal Pradesh. When he was granted employment his year of birth in the official record was recorded as 1940. In such eventuality the petitioner was to retire in the year 2000. It appears that some complaint was received in the office of District Education Office, Bilaspur that the date of birth as given by the petitioner was false. It was also averred that as per the record of the Gram Panchayat his date of birth was 1.7.1934. The complaint was forwarded to the Director of Education, H.P. Shimla and on scrutinizing the case vide letter dated 22.4.1994 it was directed that Gulaba Ram be retired from service on the basis of date of birth recorded in the Gram Pancha...
State of Himachal Pradesh Vs. Vajinder Pal
Court: Himachal Pradesh
Decided on: Jan-08-2013
Oral: Deepak Gupta, J. 1. This appeal by the State is directed against the judgment dated 31.5.2007 in Sessions Case No. 5 of 2005 delivered by the learned Sessions Judge, Una, whereby he acquitted the accused of having committed an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act). 2. Briefly stated the prosecution case is that on 12.4.2004, around 4.30 p.m. when constable Ranjit Singh was present at a bridge known as Swan Pul in Santokhgarh village, he received secret information that accused was engaged in the sale of poppy husk. He was also informed that in case the accused is apprehended near Holli Pul in Santokhgarh village, huge quantity of contraband could be recovered. Constable Ranjit Singh came across a police party headed by ASI Darshan Singh and informed him about the secret information received by him. The statement of Ranjit Singh was recorded under Section 154 Cr.P.C. and sent the same for...
Sashi Kumar Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jan-07-2013
Dev Darshan Sud, J. The appellant is aggrieved by his conviction under Section 376, 363 and 366 of the Indian Penal Code (hereinafter referred to as the IPC) and has been sentenced as under:Sr. No.Offence under SectionSentenced Imposed.1.363 IPCSimple imprisonment for seven years and fine of Rs.5000/-. In default of payment of fine the convicted person shall further undergo simple imprisonment for one years.2.366 IPCSimple imprisonment for seven years and fine of Rs.5000/-. In default of payment of fine convicted person shall further undergo simple imprisonment for one year.3.376 IPCSimple imprisonment for seven years and fine of Rs.15000/-. In default of payment of fine convicted person shall further undergo simple imprisonment for one year.2. The prosecution case in brief is that on 19.8.2008 at around 11.30 A.M. accused kidnapped minor prosecutrix (PW3) from the lawful guardianship of her parents and grand-mother from Depot Bazar, Dharamshala and took her to Kangra and Chetru withou...
Himachal Pradesh Tourism Development Corporation and Others Vs. Region ...
Court: Himachal Pradesh
Decided on: Jan-03-2013
Dev Darshan Sud, J. 1. Both these petitions are being disposed of by this common judgment as the same point of law has been urged. The factual matrix is different which will be considered separately. CWP No.4048 of 2009. 2. This writ petition has been preferred by the Employees Provident Fund Commissioner praying therein that the order passed by the Employees Provident Fund Appellate Tribunal, New Delhi, (Annexure P-9) dated 10th September, 2009 be quashed and set aside. 3. The learned Tribunal notes that after admission of the appeal the case was adjourned twice for filing of reply, but no reply was filed by the respondents. The appellant Himachal Pradesh Tourism Development Corporation Limited (hereinafter referred to as `Corporation) had filed an application under Section 151 of the Code of Civil Procedure (hereinafter referred to as `CPC) praying for refund of the amount deposited by it against the order challenged in appeal. The application pleaded that the Corporation was facing ...
State of Himachal Pradesh Vs. Simranjit Alias Sunny Son of Shri Ranbir ...
Court: Himachal Pradesh
Decided on: Jan-01-2013
V.K. Sharma, J. The State is in appeal against the judgment dated 30.09.2006, rendered by the learned Addl. Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P., in S.C. No. 8-K/VII/06, State of Himachal Pradesh vs. Simranjit alias Sunny and another, acquitting the respondents herein, who shall hereinafter be referred to as the accused and denoted as A-1 and A-2, respectively, for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act). 2. Briefly stated facts of the prosecution case are that during the night intervening 3/4.10.2004, a police party headed by PW-9 Inspector/SHO Sanjeev Chauhan while on patrol duty was present at bus stand, Kangra. At about 11.15 PM they were proceeding from the in gate towards out gate of the bus stand, two boys were found standing near the police assistance room at the out gate. On seeing the police they ran towards Raj Hotel on the main road. Accordingly, the police party raised alarm, ...
Prem Singh and Another Vs. the State of H.P. Through the Principal Sec ...
Court: Himachal Pradesh
Decided on: Jan-01-2013
Oral: Sanjay Karol, J. Vide judgment dated 29.11.2011 passed in CWP No.4990 of 2010-E, titled as Mast Ram vs. State of H.P. and others, and other connected matters, this Court, based on the affidavit filed by Engineer-in- Chief, IandPH, Govt. of Himachal Pradesh, Shimla, had observed that `76,48,478/- stood wrongly disbursed to 69 workers of the department as wages, even for the period they had not worked. While disposing of the petitions, this Court had directed recovery of the amount from the workers, who had availed and enjoyed such unmerited benefits and also issued the following directions:- There will be a direction to the Chief Secretary to conduct an enquiry as to how and why without any clarification from the Government, such amounts were paid. It shall also be inquired into as to whether such benefits have been paid on retrospective basis in other departments. Steps shall be taken to recover such amount in accordance with law from such workers and if not, recovery shall be ma...
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