Jharkhand Court January 2003 Judgments
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Jagdish Sharma Vs. the State Through C.B.i. (A.H.D.)
Court: Jharkhand
Decided on: Jan-21-2003
Reported in: [2003(2)JCR341(Jhr)]
ORDERD.N. Prasad, J.1. This application has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') whereby and whereunder Shri N.K. Srivastava, the learned Special Judge, C.B.I. (A.H.D.), Ranchi took cognizance of the offences under Sections 420, 409, 467, 468, 471, 477A and 120B of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 against the accused persons including the petitioner.2. The first information report was lodged by the Central Bureau of Investigation (CBI) alleging therein that there has been fraudulent withdrawal of Government money under deep conspiracy committed by the accused persons including the petitioner along with the private suppliers of the materials which have never been supplied resulting misappropriation of Rs. 1,05,13,827/- after withdrawing the money by submitting fake bills.3. Counter-affidavit has also been filed on behalf of the CBI refuting the st...
State of Bihar Vs. Mithu Kewat and ors.
Court: Jharkhand
Decided on: Jan-21-2003
Reported in: [2003(3)JCR618(Jhr)]
M.Y. Eqbal, J.1. These appeals are directed against the common judgment and Award passed by the Land Acquisition Judge, Bokaro at Chas whereby he has disposed of 30 reference cases filed under Section 18 of the Land Acquisition Act for enhancement of compensation.2. It appears that notification for acquisition of 92.67 acres of land in Mouza Dugda and Sursera village within Dugda PS was issued on 16.6.1981 and subsequently awards were made under different awards and communicated to the claimants. The claimants received awarded compensation under protest and preferred application under Section 19 of the said Act for enhancement of compensation. The case of the claimants is that the land acquired for the Dugda Coal Washery are not properly classified and no compensation according to market value of the land has been paid to them. According to the claimants, acquired lands are paddy lands and are fit to be used for residential, industrial and other commercial purposes. There are several r...
Suklu and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jan-20-2003
Reported in: [2003(1)JCR656(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. S. Bose, learned counsel for the petitioner and Mrs. I. Sen Choudhary. learned counsel for the respondents.2. This case relates to regularization of the services of the petitioners who at paragraph 6 have stated that they have been appointed as daily wage workers prior to 1.8.1985. According to the learned counsel for the petitioner all of them are working in the Minor Irrigation department.3. The learned counsel for the petitioner brought to the notice of this Court that the matter relating to regularization of services of daily wage employees of the Minor Irrigation department moved up to the Apex Court. The Supreme Court while disposing off SLP(C) No. 18164/1999 on 30.10.2000 made certain observations for regularization of services of those persons strictly as per scheme contained in a resolution dated 18.6.1993.4. Learned counsel for the petitioner has further produced for perusal of this Court an order passed by a Division Bench of this Court in MJC ...
Manish Kumar Tiwary Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jan-20-2003
Reported in: [2003(1)JCR582(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Sumir Prasad, learned counsel for the petitioner and Mr. P.K. Prasad, learned counsel for the respondents.2. The petitioner appears to be a habitual offender. Paragraph 7 of the order of the Appellate Court clearly indicates that he had overstayed four times earlier and on the previous occasion he had been removed from service after a proper departmental enquiry but taking a lenient view in a Revision Petition, the IG/ES had reinstated him in service on purely sympathetic consideration and had inflicted a lesser punishment of reduction of pay to the lowest stage for a period of three years with a further direction that he will not earn increments of pay during the period of reduction and that on expiry of the said period, the reduction will have the effect of postponing his future increments of pay.3. Thus, what appears is that the petitioner was given a chance to improve but he did not do so. He belongs to a disciplined force. In a judgment passed by the...
Mewalal Swarnkar, Vs. J.S.E.B. and ors.
Court: Jharkhand
Decided on: Jan-20-2003
Reported in: [2003(2)JCR5(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. In all the cases, as common question of law has been raised and it relates to grant of fresh electrical connection in the respective premises of petitioners, they are heard together and are being disposed of at the stage of admission.2. According to petitioner, Mewalal Swarnkar (W.P.(C) No. 5986/02), he has taken the premises at Katras Bazar, Katras, Dhanbad on 5th July, 1997 on rent/lease from Mr. Pawan Kumar Rajgaria. He approach the respondents for grant of new electrical connection but it has been refused on the ground of outstanding electricity dues against three previous occupier. It is stated that certificate case has been instituted against the erstwhile occupant of the premises.3. The petitioner, Meena Devi (W.P. (C) No. 6009/02), has also prayed for grant of fresh electrical connection. According to her, the dues is against the erstwhile tenant of a shop in the ground floor of the building in question whereas petitioner has asked for electrical co...
Mahendra Kumar Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-20-2003
Reported in: [2003(2)JCR8(Jhr)]
ORDERTapen Sen, J. 1. Heard Mr. Apresh Kumar Singh, learned counsel for the petitioner and Mr. A.K. Mehta, J.C. to S.C.-II and with their consent this writ application is being disposed off at this stage. 2. The writ petitioner claims that he was appointed along with one Janardan Singh vide Annexure-1, i.e., the order dated 3.3.1981 being order No. 17/81 on the post of Panchayat Sewak on the scale of Rs. 220-315 on a provisional status in anticipation of approval. The petitioner has further stated that this appointment continued and it was neither withdrawn nor cancelled. Having been so appointed, the petitioner claims that he was sent for training in the Training Session which began from September, 1981 and he also passed the training examination which was held by the Panchayat Training Institute and a certificate to that effect was also issued on 31.12.1981 vide memo No. 1037, dated 31.12.1981, by which he was relieved for purposes of joining in the office of the District Panchayat R...
Harsh Kumar Sahu, Vs. J.S.E.B. and ors.
Court: Jharkhand
Decided on: Jan-20-2003
Reported in: [2003(2)JCR7(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. All the cases relate to grant of electrical connection in the respective premises of petitioners.2. The petitioner, Harsh Kumar Sahu of W.P.(C) No. 7013/02 has challenged the letter No. 799 dated 4th October, 2002 whereby the respondents refused to give electrical connection to the petitioner on the ground of dues against the owner of the premises.3. According to petitioner, Harsh Kumar Sahu, he purchased the land from one Smt. Poonam Devi by registered sale-deed dated 2nd August. 2002 and appliedfor electrical connection on 4th September,2002. The vendor, Smt. Poonam Devi earlierpurchased the land from Mahesh KumarSanwaria and the dues are against the nameof erstwhile occupant, Mahesh Kumar Sanwaria.4. In this case no counter affidavit has been filed on behalf of the respondents, nor the facts aforesaid disputed.5. In the case of Sunita Devi, petitioner of W.P.(C) No. 10 of 2003, she has prayed for direction on the respondents to supply new electrical conn...
R.K. Pathak Vs. Hind Tools and Dies Pvt. Ltd. and ors.
Court: Jharkhand
Decided on: Jan-20-2003
Reported in: [2003(97)FLR925]; [2003(2)JCR329(Jhr)]; (2003)IILLJ999Jhar
ORDERM.Y. Eqbal, J.1. Heard Mr. R.K. Choudhary, learned counsel for the appellant and Mr. S.N. Lal learned counsel for the respondent-bank. No body appears on behalf of the respondent-Hind Tools & Dies Pvt. Ltd.2. The appellant has challenged the order dated 7.5.1997 passed by Sub-Divisional Judicial Magistrate Saraikela entertaining the objection of the respondent-bank filed under Order XXI, Rule 58, CPC and passing the impugned order in execution case No. 2/96.3. The appellant is representing the employees of the respondent M/s. Hind Tools and Dies Pvt. Ltd. It appears that the Labour Court Jamshedpur passed an order under Section 15 of the Payment of Wages Act directing for payment of wages to a large number of workers working in the factory of the respondent M/s. Hind Tools and Dies Pvt. Ltd. The said order was challenged by the company before this Court in CWJC No. 3421 of 1995(R) which was dismissed on 20.3.1995 and the said order was affirmed in LPA being LPA No. 102/96. It is s...
Paikas Khaka Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jan-20-2003
Reported in: 2003(51)BLJR529; [2003(2)JCR336(Jhr)]
Tapen Sen, J. 1. The petitioner, Paikas Khaka has filed this Writ Application for quashing the order dated 14.5.1993 issued by the respondent No. 2 (The District Superintendent of Education, Ranchi) as contained at Annexure 10 communicating his approval of the petitioner's dismissal from the service.2. According to the petitioner, the school is a Government aided school and itis run by the Managing Committee on funds of the Government.3. The petitioner has stated that he is a member of the Scheduled Tribe and was appointed by the Secretary of the Saint Stephen's Boys' Middle School, Itki, Ranchi by letter dated 20.1.1986 as contained at Annexure-1 to the writ petition. The petitioner joined on 20.3.1986.4. Subsequently, the petitioner's appointment was provisionally approved by the respondent No. 2 (the District Superintendent of Education, Ranchi) by his letter dated 28.8.1986 and payment of salary in the prescribed scale was made by the Government. The petitioner has stated that his ...
Kumar Services Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jan-20-2003
Reported in: I(2004)BC333; [2003(4)JCR356(Jhr)]
ORDERVikramaditya Prasad J.1. The petitioner has filed this writ for commanding upon the respondents to include the bid submitted by the petitioner and to negotiate price with him considering the facts that the petitioner is fully entitled to be considered in the tender number 119/J.S.E.B./PR/ 2002, dated 27.06.2002 and as the respondent Nos. 6 to 10 are either not eligible or not entitled to be considered so for a direction upon respondent no. 1 & 2 to make a thorough enquiry into the entire matter of aforesaid tender considering the facts that the respondent no. 3 has intentionally and due to the reasons best known to him not opened the financial bid of the petitioner on frivolous or non disclosed ground and not to award the tender aforesaid in favour of any of the respondents Nos. 6 to 10 or a group of them unless the financial bid of the petitioner is also opened and the petitioner is also given opportunity to substantiate his claim so far the tender in question is concerned.2. Sho...
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