Jharkhand Court December 2003 Judgments
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Bhupinder Engineering and Construction Pvt. Ltd. Vs. State of Jharkhan ...
Court: Jharkhand
Decided on: Dec-09-2003
Reported in: III(2004)BC107; 2004(1)BLJR237; 2004(1)CTLJ450(Jhar); [2004(1)JCR294(Jhr)]
R.K. Merathia, J. 1. Heard learned counsel for the petitioner, learned Advocate General appearing for the State and Mr. M.K. Roy, learned counsel appearing for respondent No. 6.2. Whether the decision making process in awarding contract of package No. 3 in tender Notice No. 1/2003-04 is fair and bonafide, is the question.3. Learned Counsel for the petitioner placed the following facts in support of his contention that the contract has been awarded in favour of respondent No. 6 in a arbitrary and malafide, manner :A notice inviting tender was advertised on 25.5.2003 being Advertisement No. 1/2003-04 for construction of 29 Nos. of RCC/PSC bridges including approach roads in four packages. In his case, package No. 3 is in question. The petitioner and other submitted their bids in two envelopes as per Clause 25 of the Tender Notice. The first envelope containing technical bids were opened on 31.5.2003 in presence of the tenderers/ their agents. The second envelope containing the details of...
Nicholson Peter Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-09-2003
Reported in: [2004(1)JCR392(Jhr)]
Amareshwar Sahay, J.1. The original writ petitioner is dead and therefore, his heirs i.e. wife and three minor children have been substituted in his place.2. The prayer in this writ application is for quashing of the order of dismissal passed by the Senior S.P. Ranchi in Departmental Proceeding No. 9/87 as well as the order dated 6.7.1991 passed by the D.I.G. of Police, South Chotonagpur, Range, Ranchi confirming the order of Senior S.P., Ranchi.3. The fact of the matter in short is that the original writ petitioner, namely, Nicholson Peter, who was a constable in Bihar Police, had gone on casual leave for 20 days from 1.8.1983. He had to report on duty on 20.8.1983 but he absented unauthorisedly till 27.8.1986 without any information. Consequent there to, a departmental proceeding was initiated against him which was decided ex parte, finding the petitioner guilty. Thereafter, show cause notice was issued to him by Senior S.P. to which the petitioner submitted his show cause and stated...
Lala Lajpat Rai Bal Mandir and anr. (ii) Vs. Labour Court and anr.
Court: Jharkhand
Decided on: Dec-09-2003
Reported in: [2004(1)JCR371(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the learned counsel for the parties.The petitioner, Lala Lajpat Rai Bal Mandir, which is an educational institution, has challenged the order as contained in Annexure 8 to the writ application passed by the Labour Court, Ranchi in B.S. Case No. 8 of 1997, registered on the basis of the complaint petition under Section 2.6 of the Bihar Shops and Establishment Act, for quashing of the order of termination and for re-instatement of the complainant/ respondent No. 2, who is the Principal of the said school, with monetary compensation.2. The Presiding Officer Labour Court by his impugned order dated 11.9.1997, has allowed the application filed by the respondent No. 2 herein by setting aside his termination of service and directed the opposite party/petitioner to re-instate the applicant/respondent and to pay full back wages with consequential benefits.3. The learned counsel for the petitioner submits that this case is fully covered by the Judgment in the ca...
K.P. Mineral Pvt. Ltd. Vs. Bihar State Credit and Investment Corporati ...
Court: Jharkhand
Decided on: Dec-09-2003
Reported in: 2004(52)BLJR30; [2004(1)JCR337(Jhr)]
ORDERTapen Sen, J.1. In this application, the petitioner prays for quashing of the sale notice dated 24.11.2002 as contained in Annexure 29 insofar as it relates to the petitioner. The petitioner also prays for quashing the order dated 1.8.2002 passed by the respondent No. 2 purporting to be in pursuance of the earlier judgment of this Court delivered on 16.7.2002 in W.P. (C) No. 2991 of 2002 as contained in Annexure 24. The petitioners further prays for quashing the Notice of Dishonour of Cheque dated 9.10.2002 as contained in Annexure 27 informing the petitioners that their cheque No. 644231, dated 5.8.2002 for a sum of Rs. 21,07,654/- had been dishonoured and therefore, they were directed to pay the said sum within 15 days from the date of the notice. The petitioners also pray for quashing the letter dated 4.9.1992 (Annexure 3); 31.12.1993 (Annexure 5) and 9.9.1994 (Annexure 6) in relation to informing the petitioners with regard to the rates of interest payable by it. The petitione...
Lala Lajpat Rai Bal Mandir and anr. (i) Vs. Labour Court and anr.
Court: Jharkhand
Decided on: Dec-09-2003
Reported in: [2004(101)FLR310]; [2004(1)JCR366(Jhr)]
Amareshwar Sahay, J.1. Heard the learned counsel for the parties.The petitioner Lala Lajpat Rai Bal Mandir, which is an educational institution, has challenged the order as contained in Annexure 9 to the writ application passed by the Labour Court, Ranchi in B.S. case No. 10 of 1992, registered on the basis of the complaint petition under Section 26 of the Bihar Shops and Establishment Act, for quashing of the order of termination and for re-instatement of the complainant/ respondent No. 2, who is the teacher of the said school, with monetary compensation.2. The Presiding Officer Labour Court by his impugned order dated 12.9.1997, has allowed the application filed by the respondent No. 2 herein by setting aside his termination of service and directed the opposite party/petitioner to re-instate the applicant/respondent and to pay full back wages with consequential benefits.3. The learned counsel for the petitioner submits that this case is fully covered by the Judgment .in the case of R...
V.A. Abraham Vs. Bihar Hill Area Lift Irrigation Corporation Ltd.
Court: Jharkhand
Decided on: Dec-08-2003
Reported in: [2004(1)JCR421(Jhr)]
Amareshwar Sahay, J.1. Despite repeated calls nobody appeared to press this application.2. The prayer in this writ application is for quashing of Annexure 6 i.e., letter No. 305 dated 11.12.1990, issued by the respondent No. 1 whereby, according to the petitioner, his pay scale has been slashed down without any rhyme and reason. Further prayer of the petitioner is that he should be paid the salary at par with respondent No. 2.3. However, by order dated 18.3.1999, at the request of the petitioner, the name of the respondent No. 2 has been deleted from the cause title of this case.4. From the averments made in this writ application it appears that the case of the petitioner is that he was appointed on 18.9.1979, as Stenographer Class-II under respondent No. 1. It is stated that Government of Bihar vide, Memo No. 3734 dated 7.4.1977, of the Finance department took a decision for elaboration of pay scale of Stenographer Class-1 etc. Accordingly, Board of Director of Respondent No. 1 in its...
Hanuman Das Agarwalla Vs. Bihar State Electricity Board
Court: Jharkhand
Decided on: Dec-08-2003
Reported in: [2005(1)JCR542(Jhr)]
Amareshwar Sahay, J.1. Heard Mr. Prabir Chatterjee learned counsel for the petitioner. Nobody appeared on behalf of the respondents.2. From the order dated 28.10.1997 it appears that this writ application was admitted for final hearing along with CWJC No. 296 of 1999(R) as the similar points were involved in both the cases. However, CWJC No. 296 of 1997(R) has already been disposed of by judgment dated 19.2.1989.3. Mr. Chatterjee learned counsel for the petitioner fairly submits that this writ application is fully covered by the decision rendered in the aforesaid writ application i.e. CWJC No. 296 of 1997(R).4. In that view of the matter this writ application is also disposed of in the same terms and conditions as mentioned in the judgment passed in CWJC No. 296 of 1997(R) and analogous cases, directing the petitioners to pay the amount in terms with one or other energy bills received by them against the arrears of M.M.G. charges for the period July, 1993 to July 1996 immediately and i...
Krishna Ballabh Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-08-2003
Reported in: [2004(1)JCR394(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard Mr. Rajesh Kumar, learned counsel appearing for the petitioner and Mr. G.P. II for the State.2. The prayer of the petitioner in this writ application is for quashing of the order as contained in Annexures 6, 7 and 8 i.e. the order dated 2.12.1998 passed by the L.R.D.C., Hazaribagh, the order dated 24.1.1997 passed by the deputy Commissioner, Hazaribagh against the order of the L.R.D.C., Hazaribagh and the order dated 9.6.1997 passed by the Commissioner, North Chhotanagpur Division, Hazaribagh in Revision against the appellate order of the Additional Collector.3. The facts of the matter in short is that the wife of the petitioner Shrimati Sulochana Devi filed an application before the Circle Officer, Churchu in the district of Hazaribagh with a prayer for fixing rent in her name with regard to several plots of Khata Nos. 80 and 81, total area of 25 and odd acres, solely on the basis of the judgment of the High Court in Criminal Revision arising out of a...
Central Coalfields Limited Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Dec-08-2003
Reported in: 2004(1)BLJR368
ORDER1. Heard.2. This writ petition is filed by the Central Coalfields Limited for quashing a communication, Annexure-1, issued to it by the Regional Chief Conservator of Forest bringing to the notice of the petitioner Company about the need for prior permission of the Central Government under the Forest (Conservation) Act, 1980, before taking up any non-forest activity in forest areas covered by the Forest (Conservation) Act, 1980. The letter also called upon the petitioner-Company to comply with the requirements of the Forest (Conservation) Act, 1980. This communication is sought to be challenged on the ground that the lands held by the petitioner-Company were lands acquired under the Coal Bearing Areas (Acquisition and Development) Act, 1957 and in view of the fact that ownership over these lands have vested in the Central Government, no prior permission as contemplated by Section 2 of the Forest (Conservation) Act, 1980 was needed for carrying on mining operations.3. According to c...
Shukla Construction Vs. Conservator of Forest, Ex Officio General Mana ...
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: [2004(1)JCR10(Jhr)]
P.K. Balasubramanyan, C.J.1. This appeal by respondent No. 3 in CWJC No. 2077 of 1999 challenges the decision of the learned Single Judge allowing the writ petition filed by respondents Nos. 1 to 3 herein and quashing the order of the certificate officer, Palamau upholding the objections of the appellant herein and directing the District Certificate Officer, Palamau to proceed with the recovery of the amounts due from the appellant under the provisions of the Revenue Recovery Act and in terms of the agreement entered into by the appellant with respondents Nos. 1 to 3. Pursuant to a notification inviting tenders for collection and sale of stored kendu leaves, the appellant submitted its tender. That tender was accepted and an agreement marked An-nexure-2 in the writ petition, was entered into and in terms of clause. 5 of the agreement, the purchase price was to be deposited in four equal instalments. Each instalment was to be of Rs. 8,42,924.82. The appellant deposited the first two ins...
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