Jharkhand Court December 2003 Judgments
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Vivek Kumar Vs. National Institute of Techonology and ors.
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: 2004(52)BLJR520; [2004(1)JCR319(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner for a direction on 1st and 2nd respondents to publish his result and issue marksheet of B.Sc. Engineering (2nd year).2. The petitioner is 2nd year Engineering student of Regional Engineering Institute of Techonology, Jamshedpur, now known as 'National Institute of Techonology, Jamshedpur'--'NIT, Jamshedpur' for short. Being affiliated with Ranchi University, the examinations are conducted by the said University. According to the petitioner, he was admitted in the then R.I.T. Jamshedpur (now NIT, Jamshedpur) and allotted Roll No. 262/97. He appeared at the first year annual examination but could not clear some of the papers and, as such, he had to appear in 1999 Supplementary examination. He being not satisfied with the marks, applied for scrutiny, by depositing requisite fee on 14th February, 2000. However, no scrutiny was done and the matter remained pending, although the answer books were received in the ...
Bishwanath Ram and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: [2004(2)JCR148(Jhr)]
ORDERAmareshwar Sahay, J.1. All the petitioners, who have retired from the service as teachers on different dates from their respective schools of the District of Sahibganj, have prayed In this writ application for direction to the respondents for payment of their provident fund amount which was deducted prior to 1976-77.2. It is stated that the schools in question in which they were posted as teachers were taken over by the Government of Bihar in the year 1976. It is further stated that from the date the school was taken over, their provident fund amount has already been paid but the amount of provident fund deducted prior to 1976-77 have not been paid to them as because the respondent No. 3 i.e. the District Superintendent of Education, Sahibganj has not issued the required certificate regarding deduction of provident fund amount prior to 1976-77.3. Inspite of the fact that this Court gave direction to the learned Addl. Advocate General to seek instruction from the District Superinte...
Panchanan Sahay Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Dec-05-2003
Reported in: [2004(1)JCR471(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard Mr. V. Shivnath, learned counsel appearing for the petitioner and learned J.C. to G.P. II appearing for the State.2. The petitioner retired on 31.10.1995 as Super Time Selection Grade Head Assistant from the Office of the Deputy Commissioner, Dhanbad.3. It is said that the petitioner was compulsorily retired on 09.11.1983 by the order of the Deputy Commissioner, Dhanbad, which was challenged by him in CWJC No. 1368 of 1983 (R) and was quashed by the High Court by order dated 16.04.1990 vide Annexure-2, consequently, the petitioner joined the post of Assistant in the Selection Grade on 23.07.1990.4. After joining, the petitioner represented, to give him due Senior Selection Grade Scale with effect from 01.04.1981, as was given to the persons junior to him but It is alleged that his case was not considered and then the petitioner retired from service on 31.10.1995 on completion of the age of 58 years. However, he continued to represent, asking him to giv...
Smt. Rudramati Devi Vs. Presiding Officer, Central Govt. Industrial Tr ...
Court: Jharkhand
Decided on: Dec-04-2003
Reported in: [2004(2)JCR599(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner is challenging the Award dated 14.3.2002 passed in Reference Case No. 114 of 1996 by Respondent No. 1 whereby he has answered the reference against the petitioner.2. The petitioner's husband was in the employment of the respondents and died in harness on 23.1.1992. The petitioner applied for compassionate appointment which was refused. Then, an industrial dispute was raised and the matter was referred to the Tribunal for adjudication. The schedule of reference was whether the action of the management of Jamadoba Colliery of TISCO in denying to provide employment to the dependent wife of late Keshri Prasad Tiwari is justified? If not, to what relief is the concerned workman entitled? The Tribunal after considering the entire evidence, answered the reference against the petitioner holding that the action of the management denying to provide employment to the petitioner is justified.3. Having regard to the finding and facts recorded by the Tribunal and...
Ramdayal Yadav and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Dec-04-2003
Reported in: [2004(1)JCR302(Jhr)]
Lakshman Uraon, J.1. The above appellants have named preferred this appeal against the judgment and order of conviction and sentence dated 3.7.97 and 8.7,97 respectively passed by the learned 1st Additional Sessions Judge, Chatra in S.T.No. 38/88, whereby and whereunder, all the appellants have been convicted under Section 302/149, 448 and 380 IPC and sentencing each of them to undergo imprisonment for life under Section 302/149 IPC. However, no separate sentence was passed for the offence punishable under sections 448 and 380 IPC.2. The prosecution case has arisen on the fardbeyan (Ext. 2) of Lilo Mahto, PW--9, son of the deceased, Sahdeo Mahto, recorded by K.K. Mishra, PW-10, of Etkhori P.S at village Petadauri on 28.6.87 at 12 noon regarding an occurrence which took place on 27.6.87 at 8 p.m. till 6.30 a.m. of 28.6.87. The FIR was registered at 17.45 Hrs. on 28.6.87 and a formal FIR (Ext.3) was drawn against 20 persons. After investigation charge sheet was submitted against them und...
Shailesh Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-03-2003
Reported in: 2004CriLJ3030; [2004(1)JCR1(Jhr)]
P.K. Balasubramaiiyan, C.J.1.This is an application filed by a practicing Advocate of this Court under Sections 11 and 12 of the Contempt of Courts Act, 1971. According to the petitioner, on 21.8.2003 the party of which respondent No. 6 was the District President, had called for a Ranchi Bimdh. While he was coming to Court driving his own car to attend to his work, he was stopped on the way by 50 to 60 persons who surrounded the car and threatened him saying that if he breaks the bundh he will be finished. Four persons came up to the car shouting that he be burnt and one of them started to sprinkle some thing from a container on to the car with a view to set it. on fire. He was not allowed even to come out of the car. He was not allowed to take the car in reverse gear so that he could escape the threatened violence. The supporters of the bundh pounced upon the car and started attacking it with iron rods and sticks leading to the wind screen and the window panes being broken. Though, th...
Shiv Kumar Pramanik @ Sukumar Pramanik and Dulal Chandra Pramanik and ...
Court: Jharkhand
Decided on: Dec-03-2003
Reported in: [2004(1)JCR427(Jhr)]
ORDERAmareshwar Sahay, J. 1. Both the writ applications were heard together as the common question is involved in both the applications and therefore by common Judgment this two writ applications are being decided.The facts of the C.W.J.C. No. 3648 of 1997 (R)2. The petitioner has challenged the order dated 5.4.1997 passed by Deputy Commissioner, East Singhbhum, Jamshedpur in B.P.L.E./Appeal No. 57/97-98 as contained in Annexure 9 by which he dismissed the appeal filed by the petitioner and confirmed the order dated 17.8.96, contained in Annexure 6 to the writ application passed by the respondent No. 2 in B.P.L.E. Case No. 25 of 1996-97, whereby the learned Circle Officer-cum-Collector under the Act, Jamshedpur held that the petitioner had no right and title to encroach upon the lands in question measuring 0.02.20 Hectares of land in Mouza Sakchi, being Plot No. 1880, Khata No. 218, which was a public land and therefore the petitioner was directed to remove the structures from the afor...
Md. Mister Azad Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-03-2003
Reported in: [2004(1)JCR420(Jhr)]
Amareshwar Sahay, J.1. The petitioner, who is the police constable, has been departmental dealt with for alleged misconduct and thereafter the order of dismissal from service was passed by the Sr. S.P. Ranchi against him. The petitioner moved before the Patna High Court by filing C.W.J.C. No. 6100 of 1996, against the order passed by the D.G.P.-cum-I.G. Patna whereby memorial filed by him was rejected and by order dated 19.8.1997, the Patna High Court quashed the Annexure-4 by which memorial filed by the petitioner was rejected and the matter was remitted back to the D.G.P.-cum-I.G. Patna for fresh consideration of memorial in accordance with law.2. Consequence thereto Annexure-4 to the present writ application was passed by the D.G.P.-cum-I.G.P., Bihar Patna whereby the D.G.P. after considering the fact and circumstances of the case again rejected the memorial filed by the petitioner as contained in memo No. 1267 vide, order dated 1.4.1998. The said order as contained in Annexure-4 is...
Charanjeet Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-02-2003
Reported in: [2004(1)JCR13(Jhr)]
M.Y. Eqbal, J.1. The petitioner has challenged the order dated 19.7.2003 passed by the Superintendent of Excise, Giridih whereby he has informed the petitioner to shift his foreign liquor shop to a different place forthwith and also for quashing the order as contained in the letter dated 19.7.2003 whereby the liquor shop of the petitioner has been sealed and closed till the approval of a new site/shop room by the order of the Deputy Commissioner, Giridih.2. petitioner's father took a shop room on rent from the District Bar Association, Giridih in the campus of the District Bar Association and opened a shop in which he started the business of hotel-cum-Bar business of foreign liquor. The petitioner was granted a license by the Excise department for the years 2002-03 for running a foreign liquor shop. After expiry of the said period the petitioner was again granted license to run foreign liquor shop for the years 2003-04. All of a sudden the impugned order was issued by the Superintenden...
Ashok Kumar Sahani and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-02-2003
Reported in: 2004(1)BLJR145; [2004(1)JCR5(Jhr)]
M.Y. Eqbal, J. 1. These two writ petitions involving common question of facts and law have been heard together and are disposed of by this common judgment.2. Petitioners seek issuance of writ in the nature of mandamus commanding upon the respondents to consider their cases for appointment to the post of primary teachers in the primary school situated within their respective districts in accordance with the advertisement issued on 24.10.2002 and further for a direction to the respondents not to restrict their candidatures for being appointed to the post of primary teachers only against the vacant posts of physical trained teachers which are available in the four districts.3. The facts of the case lie in a narrowcompass.4. The respondent-Jharkhand Public Service Commission (shortly the 'Commission') Issued advertisement dated 24.10.2002 for appointment of primary teachers in all the 22 districts of the State of Jharkhand. In the said advertisement the eligibility conditions were prescrib...
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