Jharkhand Court December 2003 Judgments
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Himat Lal Walani Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: 2004(1)BLJR223; [2004(1)JCR180(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by petitioner against the order of confiscation dated 29th September, 2001 passed by the Authorised Officer-cum-Divisional Forest Officer, Saranda in Confiscation Case No. 7/C/2001 issued under Section 52(3) of the Indian Forest Act and the order of rejection of appeal dated 22nd October, 2002 passed by the Deputy Commissioner-cum-Appellate Authority, Singhbhum (West), Chaibasa in Confiscation (Forest) Appeal No. 22/2001-2002 22/2001-2002 as also the order of rejection of revision application dated 5th February, 2003/ 22nd March, 2003 passed by the Secretary, Ministry of Forest and Environment in Revision Case No. (C)-37/2002.Further prayer has been made to issue appropriate writ in the nature of mandamus, commanding upon the respondents to forthwith release the vehicle bearing Registration No. BR-16G-8281 which belongs to petitioner.2. The case of the petitioner is that on 18th February, 2001 when the vehicle in question (a...
Niranjan Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: [2004(1)JCR176(Jhr)]
S.J. Mukhopdhaya, J. 1. In both the cases, as common question of law is involved and similar Notifications of supension both dated 30th July, 2003 (Notification Nos. 6211 and 6212) are under challenge, they were heard together and are being disposed of by this common judgment2. The petitioner, Niranjan Jha of WP (S) 4033 of 2003 while posted as Assistant Engineer, Rural Development Department, Ranchi, Special Division, Jamtara has been suspended by Notification No. 6212, dated 30th July, 2003 issued from the Rural Development Department of State of Jharkhand in contemplation of a departmental proceeding.The other petitioner, Yadunandan Das of WP (S) No. 4037 of 2003 while posted as Superintending Engineer, Rural Development, Special Circle, Hazaribagh has been suspended, vide Notification No. 6212, dated 30th July, 2003 issued from the Rural Development Department of State of Jharkhand.3. The counsel for the petitioners attacked the orders of suspension on two grounds, namely, (i) the ...
Subhash Chandra Singh and Hari Singh Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: [2004(1)JCR186(Jhr)]
S.J. Mukhopadhaya, J.1. In both the cases, as common question of law involved, common prayer has been made by the petitioners and the respondents being also common, they were heard together and are being disposed of by this common judgment.2. The petitioners of both the cases were in the services of the respondent Hindustan Steel Works Construction Ltd. (hereinafter referred to as the HSCL) posted at Bokaro Steel City, Bokaro.In pursuance of a revised Voluntary Retirement Scheme dated 21st March, 2003 (hereinafter referred to as the V.R. Scheme), they applied for voluntary retirement. Their applications for voluntary retirement were accepted by the HSCL on 25th April, 2003 w.e.f 31st May, 2003. After the order dated 25th April, 2003, but before the date of retirement, the petitioner changed their mind and applied for withdrawal of their applications for voluntary retirement, but they having not received any reply and having allowed to retire w.e.f 31st May, 2003, have preferred these w...
Bihar State Electricity Board Vs. Union of India (Uoi), Through the Se ...
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: [2004(1)JCR16(Jhr)]
P.K. Balasubramanyan, C.J. 1. For the existing State of Bihar prior to its reorganisation by the Bihar Reorganisation Act, 2000, the Bihar State Electricity Board was formed in terms of the Electricity Supply Act, 1948. Its area of operation included the areas, which subsequently fell within the State of Jharkhand on the coming into force of the Bihar Reorganisation Act, 2000 with effect from 15.11.2000. since the reorganisation brought within its wake the division of various instrumentalities of the State, corporations and statutory bodies, the Bihar State Electricity Board also had to be reorganised. Section 62 of the Reorganisation Act provided that on and from the appointed day, the Bihar State Electricity Board would continue to function in those areas in respect of which they were functioning immediately before that day, subject to the provisions of Section 62 and such directions as may, from time to time, be issued by the Central Government. The State of Jharkhand issued a notif...
Ram Ratan Sharma Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: 2004(1)BLJR409; [2004(2)JCR484(Jhr)]
Amareshwar Sahay, J.1. The petitioner was appointed as Inspector, Cooperative Societies in the year 1956. In the year 1985, he was posted and working as an Executive Officer, Central Consumer Co-operative Stores at Jamtara. It is said that in the night of 29th/30th of August, 1985 a then took place in the Office of Central Consumer Co-operative Stores at Jamtara for which an FIR was lodged by the petitioner being Jamtara P.S. Case No. 97 of 1985 under Sections 467 and 380, IPC against unknown/2. With respect to the same occurrence of theft, Jamtara P.S. Case No. 14 of 1986 was lodged by the Assistant Registrar against the petitioner, the Head Assistant and the Assistant Manager. Thereafter the petitioner was suspended on 5.2.1986 and a departmental proceeding was initiated against him. However, the Enquiry Officer after conclusion of the enquiry submitted his report in June, 1987 exhonerating the petitioner from the charges.3. Though the petitioner was exhonerated in the departmental p...
Narayan Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: 2004(52)BLJR480; [2004(1)JCR324(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by the writ petitioner for a direction on the respondents to pay him the retiral benefits, such as, regular and revised pension, leave salary, gratuity and G.P.F. along with 18% penal interest, besides statutory interest, as also cost of litigation of Rs. 10.000/-.2. According to the petitioner, he was appointed as Karmchari and thereafter, promoted to the post of Circle Inspector. Ultimately he retired from the services of the State on 30th June, 1996 as Circle Inspector, Khuntpani Circle, Chaibasa. He filed several representations for payment of regular pension and pension in the revised scale of pay as also the other retiral benefits but most of them were not paid. On the other hand, the Accountant General, Bihar, Patna, vide memo No. Pen-7-190, dated 4th June, 1997 directed for recovery of certain amount from the petitioner on account of his non-passing of Hindi Noting and Drafting Examination,3. The stand taken by ...
Pramod Kumar and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: [2004(1)JCR19(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by petitioners against the order dated 16th January, 2003, communicated vide memo No. 37 dated 20th January, 2003 whereby and whereunder their representation for payment of salary has been rejected.2 According to petitioners, they were appointed to the post of Clerk by different letters having common order No. 8/97, communicated vide Memo No. Ani-4-4001/97 Anksh-1/97, Patna dated 19th January, 1997 issued by the Joint Director (Establishment, Directorate of Employment and Training (Employment), Labour, Employment and Training Department, Government of Bihar, Patna. Subsequently, the petitioner Nos. 1 and 2 were transferred to block office, Pakuria and Maheshpur respectively in the district of Pakur vide order No. 119 dated 11th July, 2000. By the same order, the petitioner No. 3 was transferred to Barhi Block in the District-Hazaribagh. Since then they are performing duties, but they have not been paid salary.3. It appears t...
Kumar Bhenu Gopal Vs. the Jharkhand Combined Entrance Competitive Exam ...
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: 2004(1)BLJR374; [2004(1)JCR14(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by petitioner for direction on 1st and 3rd respondents to issue letter of admission/clearance for his admission in the 1st year M.B.B.S. course in the Rajendra Institute of Medical Sciences or any other Government Medical College within the State of Jharkhand.Further prayer has been made to direct the competent authority to hold an independent enquiry or any-enquiry by Judicial Officer regarding the illegalities, malpractice and bungling as made by 1st and 2nd respondents at the time of counselling for admission of successful candidate in the M.B.B.S./B.V.Sc & A.H. course so that the truth is revealed.2. According to petitioner, he passed I.Sc. Examination in first Division with distinction in Mathematics from Bihar Intermediate Education Council, Patna and being eligible, applied for admission in M.B.B.S./B.V.Sc. course in pursuance of advertisement published by Jharkhand Combined Entrance Competitive Examination Board, Ran...
Purbasha Ghosh and anr. Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: 2004(52)BLJR106; [2004(1)JCR173(Jhr)]
S.J. Mukhopadhaya, J.1. The writ petition has been preferred by petitioners for issuance of an appropriate writ/order/ direction on respondents to show cause as to why they (petitioners) be not allowed to appear in the examination of 2nd semester of 1st year which is being conducted by the 4th respondent.Further prayer has been made to direct the concerned respondents to take re-examination of the petitioners both of theory and practical papers of 2nd semester of 1st year, immediately and forthwith with further prayer to quash the letter No. IDTR/JSR/ TRG/15/27 dated 31st July 2003 issued to their parents, whereby and whereunder they have been informed that the petitioners are not being allowed to appear in the examination due to shortage of percentage.2. The petitioners are the students of Diploma course, namely, Diploma in Tool Die Making (hereinafter referred to as the 'DTDM') in Indo Danish Tool Room (hereinafter referred to as the 'IDTR') i.e the 4th respondent.According to petiti...
Rajeshwar Pandey Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: 2004(1)BLJR80; [2004(1)JCR685(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner to quash the order dated 31st January, 1998, issued by Superintendent of Police (Rail), Dhanbad, whereby, he has been dismissed from service. He has also challenged the appellate order dated 20th July, 1998, passed by the Deputy Inspector General of Police, Railway Zone, Ranchi, whereby and whereunder, the order of dismissal was affirmed and the appeal, preferred by the petitioner was rejected.2. The case of the petitioner is that a charge-sheet was served on him on 26th March, 1997. Three unfounded and baseless charges of different period were brought against him. One of them was of 28th December, 1995, the second was of 27th July, 1996 and the last one was of 15th August, 1996. He submitted the show cause reply before the enquiry officer, denying the allegations and raising the aforesaid objections. After enquiry, the Superintendent of Police (Rail), Dhanbad, issued a show cause notice to him vide Me...
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