Jharkhand Court December 2002 Judgments
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Manoranjan Tiwari Vs. Bokaro Steel Employees (Opm Mills Zone) Cooperat ...
Court: Jharkhand
Decided on: Dec-12-2002
Reported in: [2003(2)JCR115(Jhr)]
Tapen Sen, J.1. The petitioner (Manoranjan Tiwari) is aggrieved by the order dated 20.5.1997 passed by the respondent No. 3 (Chairman, Bokaro Steel Employees OPM-Mills Zone) Cooperative Credit Society Ltd. by which he was dismissed from the services of the Society with immediate effect. The Petitioner is also aggrieved by the order dated 5.6.1997 passed by the Respondent No. 2 (Joint Registrar, Cooperative Societies) by reason whereon he did not interfere with the order of dismissal on the ground that he had no jurisdiction to enter into a service dispute under Section 48 of the Cooperative Societies Act, 1935. The Petitioner has further prayed that the Respondents be directed to retain him in the service and pay him wages which has accrued in his favour. The Petitioner has also stated that while his other Writ Petition CWJC No. 4110 of 1996 (R) had been pending before this Court, wherein he had prayed for command declaring that he shall be deemed to be in continuous service since 17.1...
Maqbool Mian @ Maqbool Ansari and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Dec-12-2002
Reported in: I(2003)DMC651; [2003(2)JCR298(Jhr)]
ORDERDeoki Nandan Prasad, J.1. This application has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 2.3.2002 passed by the Session Judge, Deoghar in Criminal Revision No. 44 of 1999, whereby the learned Sessions Judge affirmed the order of the trial Court dated 6.4.1999 summoning the accused under Section 319 of the Code of Criminal Procedure in connection with T.R. No. 440 of 1999 arising out of PCR No. 233 of 1997.2. A complaint case was filed in the Court of Sub-Divisional Judicial Magistrate, Madhupur at Deoghar alleging therein that the complainant is the legally married wife of accused/petitioner No. 1 and the marriage took place in the year 1991. Accused persons after some time started demanding dowry of Rs. 10,000/- and due to non-fulfillment of the said demand, the accused persons started torturing the complainant and later on she was driven away from the house. Hence, a complaint case was filed.3. The learned Court below held enquir...
State of Jharkhand and ors. Vs. Uma Devi and anr.
Court: Jharkhand
Decided on: Dec-12-2002
Reported in: [2004(1)JCR322(Jhr)]
ORDER1.The Deputy Commissioner, Hazaribagh, appellant No. 2 appointed both the respondents 1 and 2 as peons on class IV posts in Hazaribagh Collectoriate and appointment letters, Annexures 1 and 2 dated 19.10.1994 were issued. Both of them joined there, but were not paid salary on the scale mentioned in their appointment letters and were still being treated as daily wagers. It is relevant to state' that Annexures 1 and 2 were never cancelled.2. On the representation of the respondent No. 1 for payment of monthly salary, the Deputy Commissioner directed payment of wages for 26 days, only treating both of them as daily wagers.3. Respondents 1 and 2 filed C.W.J.C. No. 3072 of 1999(R) for enforcement of their appointment aforesaid. Learned Single Judge disposed of the said writ application by impugned order dated 8.6.2001 directing the Deputy Commissioner, Hazaribagh, to pay the salary to both the writ petitioners strictly in accordance with their appointment letters, including the arrears...
Smt. Renu Bala Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-11-2002
Reported in: [2003(1)JCR322(Jhr)]
ORDER1. The petitioner Smt. Renu Bala Jha, an Assistant Teacher of Doranda Girls Middle School, Ranchi, an aided school, initially challenged the advertisement published in the Newspaper 'PRABHAT KHABAR' on 23rd December, 2001 (Annexure-2), whereby applications were called for appointment to the post of Headmistress/Head Master of the said School.2. During the pendency of the writ petition, the 6th respondent (Rabi Shankar Chakraverty) having appointed vide letter dated 19th January, 2002 it has been challenged by the petitioner by filing an amendment petition (LA. No. 2130 of 2002). Such appointment was made in view of the interim order of this Court dated 10th January, 2002, during the pendency of the case.3. According to the petitioner, the post of Headmistress/Headmaster of the aided school is a promotional post of the Assistant Teacher of the said School but such submission cannot be accepted. No rules/guidelines have been framed to fill up the post of Headmistress/Headmaster of a...
Smt. Urmila Devi Vs. State of Jharkhand
Court: Jharkhand
Decided on: Dec-11-2002
Reported in: [2003(1)JCR523(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The husband of petitioner the Bachhan Ram was in the services of the State as choukidar in the Work Charge Establishment of Public Health and Engineering Department, P.H. Division at Ramgarh. He died in harness on 1st August 2001. Thereafter, the respondents having not paid the total retiral benefits to the widow and the case of the son having not considered for compassionate appointment, the present writ petition has been preferred.2. As the respondents took plea that the husband of petitioner was not in the regular establishment, the petitioner has also prayed to command the respondents to regularize and confirm the service of her husband, late Bachhan Ram he having worked for 21 years under the State.3. 11 appears that the husband of petitioner was a daily wager in the Biswas Board Division, Hazaribagh of Public Health and Engineering Department. He was appointed as choukidar in the scale of Rs. 155-190 in the Work Charged Establishment vide memo No. 674...
Jagarnath Mahali Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-11-2002
Reported in: [2003(3)JCR37(Jhr)]
ORDER1. Appellant filed Land Restoration Case No. 46/85-86 before the Land Reforms Deputy Collector, Dhalbhum, Jamshedpur under Section 71-A of the Chotanagpur Tenancy Act, 1908, against respondents No. 6 and 7, which was allowed. 2. Appeal filed by respondents No. 6 and 7 was also dismissed. At the instance of respondents 6 and 7, the matter came in revision before Commissioner, South Chotanagpur Division, Ranchi vide Singhbhum (E) Revenue Revision No. 117 of 1995, which was, however, disposed of in terms of consent order. Respondents No. 6 and 7 is said to have agreed to make available an alternative holding of equivalent value in the vicinity of disputed two decimals land to which appellant agreed. The Commissioner also observed that in case alternate holding was not made available. Sub-divisional Officer, Dhalbhum is directed to fix amount of compensation to be paid by respondents No. 6 and 7 to the appellant,3. Against the said order appellant preferred CWJC No. 1094 of 2001 in th...
Anil Minz and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-11-2002
Reported in: [2003(1)JCR323(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. The petitioners were suspended by orders both dated 12th July, 2000 issued by the Deputy Commissioner, Gumla they having taken in custody in pursuance of Dumri P.S. Case No. 2/98 from the date they were taken in custody. For the same set of allegation, departmental proceedings were also initiated against them on23rd November, 2000, vide Annexure-2 and 3. Therefore, the petitioners appeared in the departmental proceedings and the Enquiry Officer submitted report, but no order having passed and as the petitioners are still continuing under suspension, the present writ petition has been preferred.2. It is stated that after submission of the charge-sheet in G.R. Case No. 2/98, the petitioners moved in Criminal Revision No. 9 of 2001, wherein the learned Sessions Judge, Gurrila stayed the proceedings of the G.R. Case No. 2/98, vide order dated 2nd June, 2001, no charge has been framed against the petitioners.3. In the meantime, the petitioners claimed to have b...
Khalida Begum Vs. State of Jharkhand
Court: Jharkhand
Decided on: Dec-11-2002
Reported in: [2003(1)JCR355(Jhr)]
ORDERM.Y. Eqbal, J.1. In order to show highhandedness of the officers to State of Jharkhand, it is again worth to refer order dated 4.12.2002, which reads as under :'Petitioner's husband after serving as Assistant Civil Surgeon, Gomo retired in 1987 and thereafter died in 1989. So long he was alive, he could not enjoy the fruits of the retiral benefits. After his death, the petitioner who is poor lady moved from pillar to post by filing several representations but the retiral dues including G.P.F., Gratuity, Leave Encashment and other benefits were not paid, Ultimately she knocked the door of this Court by filing CWJC No. 1791/97-R. The writ petition was disposed of on 29.7.1998 by passing the following order : 'The widow has filed this writ application for a direction to the respondent authority to pay the post retirement benefits legally payable to the husband of the petitioner, who retired from service on 31.12.1987 as Assistant Civil Surgeon, Gomo. In this case, neither any one app...
Sajjan Kumar Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Dec-11-2002
Reported in: [2003(1)JCR522(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. V. Shivnath, learned counsel for the petitioner and Mr. M.M. Prasad, learned counsel for the respondents.2. The petitioner, a constable of the Central Industrial Security Force, Unit Bokaro Steel Plant was charged for the following acf s of misconduct :--(a) Not turning up for 'C' shift duty from 9 p.m. of 25.7.1998 to 5 a.m. of 26.7.1998. For such absence, he did not furnish any information nor did he obtained permission of the competent authority;(b) Talking in an indisciplined manner at 9.15 p.m. of 25.7.1998 in the office and refusing to go for medical examination when ordered by senior officers;(c) Deserting the lines at 4.45 a.m. of 26.7.1998 and continuing the same without any leave/permission; and(d) Being an habitual offender of committing various offences and being incorrigible in nature inspite of the deterrent punishment awarded to the petitioner during his past service.3. From the final order of removal as contained at Annexure 2 dated 30.1.1...
Dr. Jai Prakash NaraIn Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Dec-10-2002
Reported in: [2003(1)JCR271(Jhr)]
ORDER1. This appeal has been filed purportedly under Sub-section (7) of Section 23 of the Coal Mines (Nationalization) Act, 1973. Sub-section (7) of Section 23 reads as under :--'(7) A claimant or owner who is dissatisfied with the decision of the Commissioner may prefer an appeal, within a period of sixty days from the date of the decision to the principal Civil Court of original jurisdiction within the local limits of whose jurisdiction the coal mine is situated : Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, such appeal shall lie to the High Court for the State in which the coal mine is situated, and such appeal shall be heard and disposed of by not less than two Judges of that High Court :Provided further that any appeal which has not been preferred before the date on which the Coal Mines Nationalization Laws (Amendment) Act, 1978, receives the assent of the President, shall be preferred, within a period of sixty days from such dat...
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