Jharkhand Court February 2001 Judgments
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Poonam Prasad Vs. State of Bihar
Court: Jharkhand
Decided on: Feb-09-2001
Reported in: 2001(49)BLJR1610
M.Y. Eqbal, J.1. Heard learned counsel for the parties.2. No counter affidavit has been filed by the respondent-State, although time was allowed by this Court by order dated 9.5.2000. This Court, therefore, has no option but to dispose of this writ application on the averment made therein.3. The petitioner is aggrieved by only that part of the impugned order dated 24.4.2000 issued by the respondents whereby the total marks allotted to the petitioner in 1994 panel for the post of Assistant Professor, Department of Gyanocology has been reduced to 33 from 35.5.4. It appears that the respondents authorities invited applications from the eligible persons for appointment in the post of Assistant Professor in the Department of Gyanocology and after scrutinising a panel was prepared for appointment to the post of Assistant Professor in the said Department. In the said panel the name of the petitioner appears at Serial No. 1 and she secured 35.5 marks. A copy of the panel has been annexed as An...
S.N. Choubey Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Feb-08-2001
Reported in: 2001(49)BLJR653
ORDERM.Y. Eqbal, J.1. In this writ application, the petitioner has prayed for quashing the orders, dated 26.10,1999, 11.1.2000 and 15.11.2000 issued by the respondents, the Chief Personnel Manager and Deputy Personnel Manager, whereby the petitioner has been directed to deposit a sum of Rs. 1,07,398/- by way of penal interest and further for a declaration that the respondents have no authority to deduct the aforesaid amount from the salary of the petitioner.2. The fact of the case lies in a narrow compass.3. The petitioner, while working as Deputy Personnel Manager under therespondent-CCL at Barkakana Colliery,applied for loan for purchase of a car which was sanctioned by the respondents, vide letter, dated 1.9.1992 and the loan was disbursed on 15.10.1992. The petitioner purchased a vehicle on 9.11.1992 after adding the remaining amount and took delivery of the vehicle from M/s. Narbheram & Company Ltd. The petitioner entered into an agreement with the respondent-CCL on 11.9.1992. Pet...
Lakshman Das Vs. the State and anr.
Court: Jharkhand
Decided on: Feb-08-2001
Reported in: 2001(49)BLJR1617
Deoki Nandan Prasad, J.1. This criminal revision application is directed against the order dated 21.7.1993 passed by the 4th Additional Sessions Judge, Singhbhum (West) at Chaibasa in Criminal Appeal No. 35/92 whereby and whereunder the learned additional Sessions Judge confirmed the judgment of conviction and sentence passed by the Judicial Magistrate, 1st Class, Chaibasa in connection with GR No. 346 of 1983/ Muffasil 69/83.2. The prosecution case in brief, as alleged is that the informant along withhis elder mother was going to Bokaroto-Chaibasa and he along with his mother boarded in Anpurna bus at Chaibasa at about 4.15 a.m. There were 18 passengers including driver, cleaner, Laxman Das the petitioner was the driver of the said bus. When the bus reached near the bridge situated at Kujju river at 4.45 a.m. the informant saw that water was flowing over the bridge. The informant and other passengers made objection with the driver for not taking the bus on the bridge as the water is f...
NijamuddIn @ Hafiz Vs. State of Bihar
Court: Jharkhand
Decided on: Feb-08-2001
Reported in: 2001(49)BLJR1261; 2001CriLJ2440
Deoki Nandan Prasad, J. 1. This application has been filed under Section 482 of the Code of Criminal Procedure forquashing the entire criminal proceeding in connection of Kanke PS Case No. 119 of 1987 for the offence under Section 7 of the Essential Commodities Act and 414 of the Indian Penal Code including the order of taking cognizance dated 5.3.1999. 2. The short case of the prosecution as alleged that the Informant raided the house of the petitioner early in the morning and found 102 bags of Pora Coal lying in southern portion of the courtyard. On interrogation the petitioner did not produce any licence and as such it was suspected that the said Pora Coal was stolen one and it has been brought from Patratu side. Accordingly, FIR was registered. The police investigated the case and submitted charge-sheet against the petitioner. The learned Special Judge took cognizance by the order dated 5.3.1999. 3. The learned counsel appearing on behalf of the petitioner, at the very outset, subm...
Haroon Oraon and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-08-2001
Reported in: 2001(49)BLJR1070
ORDERM.Y. Eqbal, J.1. In this writ application petitioners have challenged the order, dated. 28.7.1998 passed by Commissioner, South Chhotanagpur Division, Ranchi in S.A.R. No. 217/94, whereby, he has allowed the revision application and set-aside the order of restoration of land passed by Special Officer, Schedule Area Regulation, Ranchi in S.A.R. No. 116/92-93 and the order, dated 7.9.1994 passed by Additional Collector, Ranchi in the Regulation Appeals No. 2 R5/93-94 and S.A.R. appeal No. 89R 15/93-94.2. The facts of case lie in a narrow campus.3. The land pertaining to R.S. Plot No. 3126, Khata No. 232 area 43 decimals of village Argora, Ranchi stood recorded in the name of father of the writ petitioners, namely, Martin Oraon along with Samual Oraon, Haroon Oraon and Prabhudas Oraon. After the death of the recorded tenant, the petitioner inherited the aforesaid land and were exercising all right title interest and possession. Petitioners' case is that, in 1983-84, while petitioners...
Suresh Ram and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-07-2001
Reported in: 2001(49)BLJR1612
M.Y. Eqbal, J.1. Heard learned counsel for the parties.2. In this writ application the petitioners have prayed for regularisation of their services on the ground, interalia, that they have been working since 1995 on regular basis for sometime and thereafter on daily wages. The petitioner's case is that in 1993 they were initially appointed as daily wages class IV employees. In 1995 the petitioners said to have appointed on regular basis. However, the appointment of the petitioners was immediately cancelled in March, 1996. The petitioners claim to have been working on daily wages till date and, therefore, they are entitled for regularisation in the services and for payment of wages at par with the regular employees.3. On the other hand, the respondents' case is that the respondents of the Director have no authority to make appointment even of Class IV employees. It is stated that the appointment of Class IV post are made by the District Magistrate at the district level and it is the Dis...
Kamal Kishore Tiwary and ors., Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-06-2001
Reported in: 2001(49)BLJR1619; [2005(2)JCR97(Jhr)]
ORDERM.Y. Eqbal, J.1. All these writ applications relate to appointment of constables pursuant to the advertisement issued by the State of Bihar. The common grievances of all the writ petitioners are that although they qualified in the physical test, the appointment letters could not be issued to them on the ground of alleged deficiency in the height. Sincecommon grievances have been made out by all the writ petitioners, these cases are being heard and disposed of by this common order.2. First I will discuss the pleadings of the parties as pleaded in the writ applications and counter affidavits.CWJC No. 3930/99 (R) : This writ application is confined only to Petitioner Nos. 2 and 4. The petitioners case is that pursuant to notification dated 28.8.1999 they applied for their selection and appointment on the post of constable and after scrutiny they were allotted Roll Nos. 2266 and 5908 respectively. On 19.4.1999 physical test was conducted by the respondents but they were not selected a...
Dhruva Narayan Sinha and ors. Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Feb-06-2001
Reported in: 2001(49)BLJR1598; 2001CriLJ2448
D.N. Prasad, J.1. This criminal revision application is directed against the order, dated 27.5.1997 passed by 4th Additional Sessions Judge, Hazaribagh, in Criminal Revision No. 97 of 1997, whereby and whereunder, the learned Additional Sessions judge set-aside the order of dismissal of complaint under Section 203 of the Code of Criminal Procedure (the Code) passed by the Judicial Magistrate, 1st Class, Hazaribagh, on 18.3.1997 in Complaint Case No. 481 of 1996.2. The short facts of the complaint case as alleged is that the complainant and the petitioners are co-sharers and are residing in different portions of the same house which is an ancestral property of both the parties. It is further alleged that on 1.9.1996 at about 9 a.m., the accused persons/petitioners forcibly entered into the house of the complainant of which the wife of the complainant protested and she also informed her husband, who was present at his medicine shop but the accused persons in the meantime started assaulti...
Kanan Devi Vs. Ranchi Municipal Corporation and anr.
Court: Jharkhand
Decided on: Feb-05-2001
Reported in: [2001(90)FLR248]
ORDERS.N. Mishra, J.1. The widow of the deceased employee has approached this court by filing the instant writ application for a direction to the respondent authority to pay all the retiral dues to her husband who died in harness on 16.11.1993. The claim of the petitioner is set out in paragraph 9 which reads thus :'That the petitioner submits that no payment has been made to the petitioner neither the family pension nor any other retirement dues like: 1. General Provident fund. 2. Gratuity. 3. Leave Encashment. 4. Arrear of salary; and 5. Family pension etc. 2. It is stated that till date nothing has been paid to the petitioner against the retiral dues. Such statement is not being denied on behalf of the respondents. However, it is stated that the concerned employee has not produced the voucher showing the adjustment of the advances made to him for performing certain works. Admittedly no departmental proceeding or any proceeding in terms of the pension Rules has been initiated and or...
Nav Chandra Jha Vs. the Presiding Officer and anr.
Court: Jharkhand
Decided on: Feb-01-2001
Reported in: 2001(49)BLJR714; [2001(89)FLR156]; (2001)ILLJ1464Jhar
ORDERM.Y. Eqbal, J.1. In this writ application, the petitioner has challenged the order, dated 5th September, 2000 passed by the Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 1/2000, whereby, the application filed by the petitioner opposing, the appearance of a lawyer in the proceeding under Section 10 of the Industrial Disputes Act has been rejected.2. The aforementioned reference case arose out of a reference sent to the Labour Court for adjudication under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act')- The dispute was, 'whether termination of service of the concerned workman is justified'. Both, the petitioner and the management filed their respective written statements and documents in support of their case. On 29.1.2000, the petitioner filed a separate application with a prayer to the effect that the management may not be allowed to be represented by any legal practitioner as he himself represents the case. It appea...
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