Jharkhand Court January 2003 Judgments
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Indian Iron and Steel Company Ltd. Vs. Bihar State Electricity Board a ...
Court: Jharkhand
Decided on: Jan-24-2003
Reported in: II(2004)BC7; [2003(4)JCR455(Jhr)]
ORDERM.Y. Eqbal, J. 1. Pursuant to order dated 21.1.2003, the Zonal Manager, Bank of India, Dhanbad Zone appeared in person and filed counter-affidavit.2. The writ petition was filed by the petitioner challenging the action of respondent-electricity Board in demanding total sum of Rs. 5,41,394/- which was paid by the Board to the Bank by way of collection charges against the cheques deposited by the petitioner towards payment of electricity bills. The respondent- Board when called upon to file counter affidavit justifying the demand of aforesaid some by way of collection charges for the reason that the said amount has been deducted by the Bank by way of collection charges. In support of that the Board has filed the photocopy of the books of account. This Court taken it as a matter of surprise, as to how the Bank will charge such exorbitant amount by way of collection charges and therefore, the Bank was impleaded as party respondent. When counter affidavit could not be filed by the Bank...
Sudarshan Sharma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-23-2003
Reported in: [2003(1)JCR583(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. R.C. Jha, learned Sr. Advocate appearing for the petitioner and Mr. B.S. Lall, learned A.A.G. Government of Jharkhand.2. The petitioner is aggrieved by the order dated 18.1.1999 issued by the respondent No. 4 (District Superintendent of Education, Dumka) by which the pay of the petitioner has been stopped.3. According to the petitioner, the impugned order has been passed by the District Superintendent of Education, Dumka after expiry of almost 19 years from the date of his initial appointment and that too when that appointment was duly approved. The petitioner has stated that he was appointed as untrained matriculate teacher in Chandrapura Mission Primary School, District Santhal Pargana at Dumka by Annexure-2 and such appointment was made on the basis of an advertisement which had been duly published on 10.2.1981 and the last date for submitting applications was indicated as 1.3.1981. According to petitioner he was subjected to a test and finally appoint...
Birbal Sah Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Jan-23-2003
Reported in: [2003(1)JCR572(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. J.P. Jha, learned counsel for the petitioner and Mr. A.K. Mehta, learned counsel for the respondents.2. Reference in this case may be made to the order dated 14.11.2002 from which it appears that one of the grievances of the writ petitioner was that on the one hand the Bihar Public Service Commission did not publish his result although he sat for the examination and after creation of the State of Jharkhand advertisement are going on being published for appointment of Assistant Teachers by the Jharkhand Public Service Commission.3. Pursuant to the aforementioned order, the Bihar Public Service Commission has filed an affidavit on 20.1.2002 wherein at paragraph 4, it has been stated that applications were invited for appointment to the post of Assistant Teachers for Primary Schools in the State of Bihar. However when the results of Preliminary test were under process, the Commission received a letter dated 12.3.1994 from the Department stating that the main...
Mohammad Imteyaz Ahmad Vs. Abdul Quayum and ors.
Court: Jharkhand
Decided on: Jan-23-2003
Reported in: 2003(51)BLJR484; [2003(2)JCR145(Jhr)]
M.Y. Eqbal, J. 1. This revision application is directed against the order dated 7.12.2002 passed by Sub-Judge, IV, Dhanbad in Title (Eviction) Suit No. 1/2001 whereby he has allowed the application filed by the plaintiffs/opposite parties under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (in short the said Act) and directed the defendant-petitioner to deposit the arrears of rent from June, 1998 as also the current rent on or before the 15th day of the continuing month.2. The facts of the case lie in a narrow compass. The plaintiffs/opposite parties who are the sons of Hazi Sahadul Mian, filed the aforementioned suit for eviction of the defendant-petitioner from the suit premises and also for recovery of arrears of rent. Plaintiffs' case is that they are the owners of the suit premises and the defendant is the monthly tenant under them on monthly rent of Rs. 175/- per month. It is alleged that the defendant defaulted in payment of rent from March, 1998 a...
Malti Devi Vs. Presiding Officer, Labour Court and ors.
Court: Jharkhand
Decided on: Jan-23-2003
Reported in: [2003(2)JCR286(Jhr)]
Tapen Sen, J.1. The petitioner who is the wife of workman Ghanshyam Tiwary has filed this writ application for quashing the award dated 20.8.1996 as contained at Annexure 8, passed in reference case No. 3 of 1992 by which it was held that the termination of the concerned workman was just and proper and therefore, he was entitled to no relief. 2. The petitioner has further prayed for quashing the Office Order dated 8.8.1987 as contained at Annexure-7 by reason whereof the Deputy Manager (Personnel) informed the petitioner that in view of his unauthorized absence from duties with effect from 9.3.1987 for which no satisfactory explanation had been given, the management, invoking Clause 15(x) of the Certified Standing Orders, had deemed that he had left the services of the Corporation of his own accord and therefore, his name was struck off from the rolls of the HEC from 9.3.1987. The petitioner also prays for issuance of a writ of mandamus for payment of adequate compensation for illegall...
Binay Kumar Pore Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jan-23-2003
Reported in: [2003(2)JCR582(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner retired from the services of the State Electricity Board on 28th February, 2001 from the post of Executive Engineer (Civil), PTPS, Patratu. In the present case, he has prayed for direction on the respondents to pay him arrears in the revised scale of pay in view of the recommendation of the 5th Pay Revision Committee effecting from 1st April, 1996 and consequential benefits on such revision in respect to retiral benefits.2. Mr. Mihir Kumar Jha, counsel for the Bihar State Electricity Board submitted that the pay of the employees has been revised in the new revised scale of pay but consequential benefits of arrears of salary has not been paid to any of the employee. Whenever it will be paid to the other employees, the petitioner may claim for such benefit.3. So far as other benefits is concerned, it is stated that the petitioner has been paid the retiral benefits in the old scale of pay, it will now be calculated the new revised scale of pay a...
Rani Jha and ors. Vs. Commandant Cisf and ors.
Court: Jharkhand
Decided on: Jan-23-2003
Reported in: [2003(2)JCR421(Jhr)]
ORDER1. This Misc. Appeal has been filed by the claimants, against the judgment dated 14.2.2000 passed by Shri D.D. Pandey, Third Additional District Judge, Dhanbad (Motor Vehicle Accident Claim Tribunal) in Title (M.V.) suit No. 82 of 1997 whereby and where under the claim of the claimants filed under Section 166 of the Motor Vehicles Act has been dismissed,2. The case of the claimants-appellants in short is as follows. On 24.5.1997 at about 10.30 p.m. Jitendra Jha (deceased) was going to Dhanbad Station. One Jeep bearing Registration No. B-H- R-1352, driven rashly and negligently dashed the said Jitendra Jha (deceased), causing multiple injuries, resulting his death. The monthly income of the deceased was Rs. 1500/- and he was aged about 27 years at the time of his death. The amount of compensation claimed was Rs. 4,50,000/- (Four Lakh Fifty Thousand). A case was registered as Dhanbad GRPPS Case No. 26 of 1997 dated 24.5.1997 under Section 279, 337, 338, 427 and 304, IPC. The aforesa...
Dilip Kumar Sarkar and anr., Etc. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jan-23-2003
Reported in: 2003CriLJ2086
ORDERDeoki Nandan Prasad, J.1. Both Criminal Revision heard together, as they are arisen out of the same order dated 10-10-2002, which has been challenged and are being disposed of by this common order.2. The order dated 10-10-2002 has been assailed on the ground that the Court below committed error in rejecting the petition for discharge in connection with G. R. No. 274 of 2001 corresponding to Telco PS Case No. 31/2001.3. The case of the prosecution in brief as stated that one Hari Krishna Dutta informed in writing that a sum of Rs. 2,65,000/- has been fraudulently withdrawn from his joint savings account. It was found that the cheque was drawn in favour of one Ranjit Singh but the said cheque was never received or requisitioned by the Informant from the said bank as the requisition slip is already attached with the cheque of the Informant. It is further alleged that one of the employees, namely, Satyabrat Ghosh Choudhary admitted his guilt and assured to pay the entire amount within...
Smt. Lali Sinha and anr. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-22-2003
Reported in: [2003(2)JCR34(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Rajeev Sinha, learned counsel for the petitioner and Mr. Pradip Modi, learned G.P.I, for the respondents.2. Whether the resolution/notification No. 6394 dated 23.10.1987 can be applied upon the petitioner is the moot question that has to be decided in this case.3. According to the petitioners, by an order dated 9.7.1980 the Chief Engineer. National High Ways Project terminated the services of several employees including the petitioner and thereafter by order dated 4.4.1981 issued by the Chief Engineer, Public Works Department. National High Ways as contained at Annexure 2, the retrenched staff including the petitioner were taken back in service. The name of the husband of the Petitioner No. 1 (and father of the Petitioner No. 2), namely, Ajay Kumar Sinha's name was mentioned at SI. No. 1 of running page 31 of this Writ Application.4. On 5.4.1984 by Annexure 5 a letter was issued under the signature of the Joint Secretary, Road Construction Department,Gove...
Manmasi Lakra Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jan-22-2003
Reported in: [2003(1)JCR553(Jhr)]
ORDERTapen Sen, J. 1. Heard Mr.P. Gangopadhyaya, learned counsel for the petitioner, Mr. Ram Kishore Prasad, learned Additional Central Government Standing Counsel for the respondent No. 1, Mr. Ar-vind Kumar Jha and Mrs. Subha Jha, learned counsel for the respondent No. 2 as also Mr. Manjul Prasad, learned counsel for the respondent Nos. 3 and 4. 2. In this writ application the petitioner has prayed for appointment of an arbitrator under the provisions of Section 8(i)(b) of the Requisition and Acquisition of Immovable Properties Act, 1952 in respect of the land measuring 9.73 acres of Plot Nos. 3, 246. 247,250 and 264 of Khata No. 15 of Mauja Sidrol, P.S. Namkum, District Ranchi. 3. According to the petitioner (Manmasi Lakra son of Late Harun Lakra), the lands in question were owned by his father (Harun Lakra) together with his co-sharers and these lands were acquired by the Ministry of Defence for which requisition had been made in the year 1942 and subsequently they were acquired for...
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