Jharkhand Court August 2002 Judgments
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Tata Engineering and Locomotive Co. Ltd. Vs. Presiding Officer, Labour ...
Court: Jharkhand
Decided on: Aug-08-2002
Reported in: [2003(1)JCR252(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner has challenged the award dated 12.7.1993 passed by Labour Court, Ranchi in Reference Case No. 4 of 1986 whereby after setting aside the order of dismissal he directed for his reinstatement with half back wages and other consequential benefits including continuity of service.2. The concerned workman was in the service of the petitioner since 1964. The workman illegally occupied the quarter allotted to another employee, namely, Shree C. Dhanwar. The petitioner Management gave a notice to the petitioner and then instituted a suit against him and obtained a decree. The decree was put on execution and on the relevant date when the ballief came to execute the decree the workman is alleged to have assaulted the officers of the company. Accordingly on 21.10.1984 the workman was served with a charge-sheet and was put under suspension. After holding an inquiry service of the petitioner -workman was terminated w.e.f. 21.10.1984. The workman through the Union r...
Syed Talib HussaIn Vs. Chairman-cum-managing Director Central Coal Fie ...
Court: Jharkhand
Decided on: Aug-07-2002
Reported in: 2002(50)BLJR2022
ORDERTapen Sen, J. 1. Heard the parties.2. The substitution petition filed on 2.2.1998 stating that the original writ petitioner died on 17.12.1997 is being allowed.3. At the time when the writ application had been filed, the petitioner was aggrieved by the action of the respondents in having withheld various amounts which have been mentioned at paragraph 2 of the writ application. However, when the case was taken up Mr. K.B. Sinha, learned counsel for the petitioner stated that the petitioner has since been paid various amounts under different heads but he has not yet been paid the following amounts :(a) payment in lieu of leave travel concession; (b) leave encashment during the period of suspension; (c) employees' share towards Provident Fund; (d) food Allowance; and (e) gratuity. 4. The petitioner has also prayed a prayer for employment under compassionate considerations as per Clause 9.4.3 of the National Coal Wage Agreement No. III.5. The learned counsel for the Petitioner has...
Anuranjan Tirkey and ors. and Anil Toppo Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Aug-07-2002
Reported in: 2002(50)BLJR1865
ORDERTapen Sen, J.1. Heard the parties.2. The writ petitioners (12 in number) have prayed for quashing of the order dated 25.3.1996 by which their services have been terminated. They have also made a prayer for a command upon the respondents to pay them arrears of salary for the period when their services had been effectively taken by the respondents.3. The case of the petitioners is that each one of them were appointed on compassionate consideration by orders passed by the Superintendent of the Ranchi Mental Hospital, Kanke (now known as RINPAS, Ranchi Institute of Neuro & Psychiatric Allied Science). The writ application [CWJC No. 1320 of 1996 (R)] was initially disposed off by an order dated 11.2.1997, by which this Court refused to interfere in the matter relating to termination, but further directed respondent No. 4 to make payment of the emoluments for the period they had served.4. Against the aforesaid order, a Review Application had been filed being Civil Review No. 24 of 1997 ...
Ram Bahadur Chhetri Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Aug-07-2002
Reported in: 2002(50)BLJR1870
Tapen Sen, J.1. Heard the parties.2. The petitioner Ram Bahadur Chhetri was put under suspension with effect from 2.5.1995 and subsequently a charge-sheet was issued upon him containing the following charges :--'(a) By order dated 13.12.1994 the Commandant, Bihar Military Police-I, Ranchi had directed the petitioner to relieve Havaldar 613 Sagar Chhetri from 'A' Company and Sepahi 995 Rudra Kumar Nevar from 'F Company. This order was not complied with, as a result whereof the Commandant by his wireless message dated 12.2.1995 sent a reminder and also a warning that if the order is not complied with then severe action will be taken. Inspite thereof, the order was not complied with till 27.12.1995. (b) The second charge was that the Commandant by his wireless messagedated 19.2.1995 had directed the 'A' Company to move out from Muzaffarpur to Chatra. Pursuant to the aforementioned order, the petitioner is said to have sent a wireless message on 25.2.1999 informing that the company had alr...
Jai Kumar Prasad Roy and Suresh Automobiles Vs. State of Jharkhand and ...
Court: Jharkhand
Decided on: Aug-06-2002
Reported in: 2002CriLJ4632
ORDERDeoki Nandan Prasad, J. 1. Both the writ petitions were heard together as they are arising out of the same order and are being disposed of by this common order. 2. These writ applications have been filed for quashing the order dated 4.6.2002 passed in Cr. Rev. No. 31 of 2001, whereby and whereunder the learned Sessions Judge, Giridih dismissed the revision application for release of the vehicle bearing registration No. BR-20P-0505 in favour of the petitioner Jai Kumar Prasad Roy in connection with Jamua P.S. Case No. 118/2001. 3. The short facts giving rise to these writ petitions are that one Shri Raj Kishore Roy 'Akela', respondent No. 3 lodged an FIR alleging therein that Bus bearing registration No. BR-20P-0505 was purchased by him which was financed by M/s. Suresh Automobiles, Chas, petitioner of W.P. (Cr.) No., 190 of 2002 and the petitioner Jai Kumar Prasad Roy stood as guarantor before the Financier. On 28.6.2001 the informant had gone to Ranchi due to someurgent work and ...
Nemi Chand Goel Vs. State of Bihar
Court: Jharkhand
Decided on: Aug-06-2002
Reported in: 2003CriLJ763
Vishnudeo Narayan, J. 1. This is an application under Section 482 of the Cr PC filed by the petitioner for quashing of the First Information Report dated 5.11.1998 in connection with Bermo PS Case No. 126 of 1998 under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') pending in the court of Special Judge, E.C. Act, Bermo at Tenughat. 2. The facts giving rise to this case are as follows : The petitioner is a licensed retail dealer as per license No. 19/91 issued under the provisions of Bihar Trade Articles (Licence Unification) Order, 1984 (hereinafter referred to as 'Unification Order') for dealing in sugar, food-stuffs, edible oils including hydrogenated oil at his shop situate at Kar-gali Bazar, PS Bermo, District Bokaro and the business premises of the petitioner was inspected by Sri Hari Mohan Singh, Supply Inspector, Chandrapura, the informant, along with other officials. It is alleged that in the course of inspection rice, wheat, edible oils...
Dr. Jagannath Mishra Vs. State Jharkhand
Court: Jharkhand
Decided on: Aug-06-2002
Reported in: 2002CriLJ4646
ORDERDeoki Nandan Prasad, J.1. In this application the petitioner has prayed for issuance of an appropriate direction(s) or order (s) to the opposite party to transfer all cases of conspiracy and other act qua the petitioner and his alleged conspirators as alleged in the cases i.e. RC 20(A)/96 (Special Case No. 22/96), RC 68(A)/96 (Special Case No. 68/96), RC.64(A)/96 (Special Case No. 65/96), RC 38/AJ/96 (Special Case No. 39/96) and C. 47(A)/96 (Special Case No. 50/96) in one Court and further for a direction of framing charges jointly for fair and speedy trial of the aforesaid cases.2. The petitioner is a former Chief Minister of the erstwhile State of Bihar and an Ex-M.P. of Rajya Sabha and was also the Leader of the Opposition of the Bihar Lagislative Assembly at the relevant time and he has been made accused in the said Animal Husbandry Department (AHD) cases and charged for committing criminal misconduct.3. The material allegation qua the petitioner in all the charge sheets is sa...
Jethu Mahto and ors. Vs. State of Bihar
Court: Jharkhand
Decided on: Aug-05-2002
Reported in: II(2002)DMC733
Hari Shankar Prasad, J.1. This criminal appeal is directed against the judgment dated 19.12.1996 and order of sentence dated 20.12.1996 passed by Shri Wadhesh Kumar Ojha, 5th Additional Sessions Judge, Dhanbad in Sessions Trial No. 231/95, whereby and whereunder the learned Additional Sessions Judge held the appellants guilty under Sections 304-B/498-A, IPC and sentenced them to undergo R.I. for 7 years under Section 304-B, IPC and 2 years R.I. under Section 498-A, IPC and sentences were directed to run concurrently.2. Sessions Trial No. 231/95 has arisen out of Baliapur PS Case No. 82/94 dated 5.4.1994 registered on the basis of fardbeyan of Sudhir Chandra Mahto.3. The prosecution case in brief is that Sudhir Chandra Mahto gave a fardbeyan on 7.9.1994 at 11.30 hours near old well situated towards east of the house of Jethu Mahto stating inter alia that on 6.9.1994 at about 2 p.m. Prahlad Mahto, elder brother-in-law of Barun Mahto met him in the Medical Shop situated near Saraidhela St...
Karu Hazra and Dina Hazra Vs. State of Bihar
Court: Jharkhand
Decided on: Aug-05-2002
Reported in: 2002(50)BLJR1881
Hari Shankar Prasad, J.1. This Criminal Appeal is directed against the judgment dated 30th September, 1996 and order of sentence dated 3.10.1996 passed by Session Judge in Session Trial No. 417/95/90/95 whereby and whereunder the sessions Judge convicted both the appellants, namely, Karu Hazra and Dina @ Dina Hazra and sentenced them to undergo R.I. for 7 years under Section 376(i)/34, IPC and they have been further sentenced to undergo R.I. for one year each under Section 448 and the Sessions Judge directed both the sentences to run concurrently.2. The prosecution case in brief is that Raso Kumari gave a fardbeyan in her village, which was recorded by S.I. Rahman Khan on 28.3.1995 at 2.00 p.m. to the effect that in between the night of 27-28th March, 1995 at about 12.00 hrs when she along with her mother after taking meal was sleeping in a room, co-villager Karu Hazra and Dina Hazra entered into the room after making hole on the roof and appellant Karu Hazra pressed her mouth and drag...
Shankar Kumar Ghosh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Aug-05-2002
Reported in: [2003(1)JCR254(Jhr)]
ORDERTapen Sen, J.1. Heard the parties.2. The writ petitioner has filed the instant case praying for quashing of the order dated 14.8.1997 as contained at Annexure-4, by reason whereof the Director General,-cum-Inspector General of Police, Government of Bihar, Patna (respondent No. 3) passed an order dismissing the petitioner from his service. Pursuant to the aforementioned order, the petitioner filed an appeal which was also rejected by an order dated 13.12.1989 as contained at Annexure-5 and consequently the petitioner has prayed for quashing of the said order also. Besidesthe aforesaid, the petitioner has prayer for an appropriate order so that he can be reinstated in service with all ancillary benefits to which he may be found entitled in law.3. The short facts giving rise to the filing of the instant writ application, is that, the petitioner was appointed as a Sub-Inspector of Police in the year 1965. After transfer from one place to the other, the petitioner was posted as Officer...
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