Jharkhand Court February 2003 Judgments
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Seo Shankar Chaudhary and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-25-2003
Reported in: [2004(3)JCR79(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the counsel for the parties.2. The petitioners are aggrieved by the fixation of their pay scale i.e. the scale of Rs. 2550-3200/- petitioners' case is that they were appointed in Class-IV post as Chaukidar/Peons on different dates in between 1979 and 1989. All the petitioners were given first time bound promotion in the years 1991/1993 and were placed in the pay scale of Rs. 800-1150/-. In terms of the resolution dated 8.2.99 the pay scale of Rs. 800-1150/- was revised to Rs. 2610-35540/-. In spite of the said resolution, instead of fixing the pay scale of the petitioners in the revised pay scale of Rs. 2610-3540/-, the respondents have illegally placed the petitioners in the pay scale of Rs. 2550-3200/-.3. In the counter affidavit filed by respondent No. 4, the Executive Engineer, it is stated that the petitioners were given time bound promotion in the pay scale of Rs. 800-1150/- but in terms of the resolution of the Law Department the pay scale of the orde...
Nageshwar Thakur and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-24-2003
Reported in: AIR2004Jhar11; [2003(2)JCR404(Jhr)]
ORDERM.Y. Eqbal, J. 1. Petitioners have challenged the authority of the Collector-cum-Registrar, Latehar who issued direction vide memo No. 711 dated 7.8.2001 directing the Sub- Registrar, Latehar to enquire and verify the title of the Vendor before registration of a document. 2. It appears that petitioners executed sale deeds in the name of different persons and presented before the Sub-Registrar for registration. Petitioners' case is that they are the owner of the property and for meeting medical treatment and loan and also marriage expenses, they proposed to sale their properly. After presentation of the documents Sub-Registrar informed that inquiry with regard to their title should be made by the Deputy Commissioner Land Reforms and the Circle Officer. It is alleged that more than Six months have passed from the date of presentation of the documents but till date on the pretext of the inquiry registration has been deferred. From perusal of the impugned order issued by the Collector...
Ram Naresh Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Feb-24-2003
Reported in: [2003(2)JCR195(Jhr)]
Tapen Sen, J.1. Heard Mr. N.N. Tiwari, learned Senior Advocate appearing for the Petitioner. Mr. R.K. Chbudhary, learned counsel appearing for the respondent No. 8 and Mr. Aniket, JC to SC I for the Respondent State.2. The Petitioner has prayed for quashing the order dated 27.7.1995 (Annexure-10) passed by the respondent No. 3 (Additional Secretary, Forest and Environment) by reason whereof and in purported compliance of the order passed in an earlier Writ Application namely CWJC No. 4038/ 1993{R), the representation of the Petitioner was disposed off without redressing his grievances in relation to promotion. The Petitioner seeks promotion on the post of Range Officer of Forest and submits that the respondents could not have promoted the respondent No, 8 who is junior to him by order as contained at Annexure-7 and therefore the petitioner prays for also quashing the said order as contained at Annexure-7 being the order dated 2.11.1993 whereby and whereunder the respondent No. 8 was; p...
T.N. Mukherjee Etc. Vs. Delhi Public School and ors. Etc.
Court: Jharkhand
Decided on: Feb-24-2003
Reported in: [2003(2)JCR423(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. In both the cases, as the common question of law is involved and the petitioners have challenged their respective orders of suspension and departmental proceeding, they were heard together and are being disposed of by this common order.2. According to petitioners, they are non-teaching and teaching employees of Delhi Public School, Ranchi (DPS for short). It is alleged that the respondents have illegally placed both of them under suspension and continuing under prolong suspension for about three years without finalizing the departmental proceeding.3. According to petitioner, Sanjay Kumar Jha of WP (S) No. 4263/02, Mr. Mahesh Bareja, Principal, DPS, Ranchi has no jurisdiction to take action against him.4. The authorities of DPS, Ranchi on appearance have raised preliminary objection relating to maintainability of writ petition against DPS. It is stated that it is a private society registered under the Societies Registration Act and writ petition is not maint...
Bihar Rajiya Mazdoor Union Vs. Bihar State Electricity Board (Now Jhar ...
Court: Jharkhand
Decided on: Feb-24-2003
Reported in: [2003(4)JCR142(Jhr)]
ORDER1. After hearing the learned counsel for, the parties an agreed arrangement has emerged whereby, in modification of the impugned Judgment dated 20.11.2001, it has been agreed upon between the parties that instead of submitting the documents etc. to the respondents, as directed in the aforesaid impugned Judgment, the documents etc. shall be submitted before Mrs. Shakuntala Sinha, presently Senior Legal Advisor, Jharkhand State Electricity Board. Mrs. Shakuntala Sinha is, accordingly, appointed as the One Person Tribunal/Authority to examine, scrutinize and consider the cases of all workmen, who had been issued the impugned notices by the respondents with respect to the disputed date of birth and for undergoing Medical Examinations.2. Irrespective of whether the workmen or any one of them do or does not possess any documentary evidence in support of the recorded date of birth, Mrs. Sinha shall nonetheless examine the cases of all the workmen with or without the reference to the docu...
Sk. Md. MinhazuddIn Vs. State of Jharkhand
Court: Jharkhand
Decided on: Feb-21-2003
Reported in: [2003(2)JCR58(Jhr)]
ORDERDeoki Nandan Prasad, J.1 . This Interlocutory Application at flag 'P' dated 23.1.2003 has been filed under Section 389 of the Code of Criminal Procedure on behalf of the appellant praying therein to stay the operation of the judgment of conviction and order of sentence dated 24.7.2001 passed by Shri Prabhat Kumar Sinha No. II, 1st Additional Judicial Commissioner-cum-Special Judge, CBI, Ranchi in R.C. Case No. 19(A) of 1989 under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (the Act).2. One Criminal Appeal No. 300 of 2001 has been filed by the appellant against the judgment of conviction and order of sentence, which was admitted by a Bench of this Court, by order dated 8.8.2001. The appellant has already been on bail.3. It is alleged that one of his relatives, namely, Shri S.N. Singh, retired Lieutenant Colonel applied for telephone connection in August, 1989 who requested him to process for getting of connection. Accordingly, the informant contacted the officer ...
Chandreshwar Prasad Singh Vs. Bharat Coking Coal Limited and ors.
Court: Jharkhand
Decided on: Feb-21-2003
Reported in: [2003(2)JCR200(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. H.K. Jha, learned counsel for the petitioner and Mr. A.K. Mehta, learned counsel for the respondents.2. The petitioner prays for issuance of a writ of mandamus commanding the respondents to consider his name for promotion from E-2 grade (Senior Sub-ordinate Mining Engineer/under Manager) to the E-3 grade (Senior under Manager) and accordingly to promote him with effect from1998 together with all consequential benefits. The petitioner has further prayed for a direction upon the respondents to correct his pay scale which according to him, has been wrongly fixed.3. The petitioner joined on the post of Overman on 18.7.1966. After having been taken over, the petitioner continued under the services of the respondent No. 1. According to the petitioner, he had already passed matriculation in the year 1956 and had also passed Intermediate Science in the year 1958 and he had obtained a diploma in Mining & Mine Surveying from the State Board of Technical Education, ...
Panchdeo Singh Vs. Bccl and ors.
Court: Jharkhand
Decided on: Feb-21-2003
Reported in: [2003(2)JCR406(Jhr)]
M.Y. Eqbal, J. 1. The petitioner has prayed for quashing the order dated 22.4.1989 by which he has been dismissed from service and also for quashing the order dated 30.4.2002 by which the respondents refused to reinstate him in service. 2. The facts of the case lie in a narrow compass. The petitioner was working as Fan Operator/Switch Board attendant at Angara Pathra Colliery, Katras of the respondent. In the year 1981 he was made accused in a criminal case for an offence under Section 302/149, IPC and he was convicted and sentenced to undergo life imprisonment vide judgment passed by the Sessions Court dated 23.12.1988. The petitioner was served with a charge sheet by the respondents and he was dismissed from service vide order dated 22.4.1989 on the ground of his conviction in the criminal case. The judgment of conviction was finally set aside by the Supreme Court in criminal appeal No. 497 of 2000 vide judgment dated 7.12.2001. The petitioner thereafter made a representation to the ...
Ram Janam Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-21-2003
Reported in: [2003(2)JCR532(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties. 2. The matter relates to regularization of services of the petitioner. It appears that various writ petitions have been filed against different departments of the Government of Jharkhand including the Forest Department seeking regularization of services of various persons on the ground that they have been working continuously for the last more than 15-20 years. After taking services from the employees for more than 15-20 years, the Government is taking a stand that their initial appointment was illegal or irregular or those appointments were made without any sanctioned post. 3. In my opinion, it is the officers of the Government, who are responsible for appointing the persons as labourers and. taking work from them continuously for more than 15-20 years. It is not the workers who, at their own, started serving the respondents. If it is presumed that all these appointments were made by adopting backdoor method, it is the officers who are responsi...
Rawan Tuddu and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Feb-21-2003
Reported in: [2003(2)JCR541(Jhr)]
Vishnudeo Narayan, J. 1. This appeal has been directed by the appellants named above against the judgment, dated 30.4.1993 passed in Sessions, Case No. 146/86/156/89 by Sri Sita, Ram Pandey, 3rd Addl. Sessions Judge, Dumka (Santhal Pargana) whereby and whereunder they were found guilty for the offence punishable under Sections 302/149, 323/149 and 147 IPC and they were convicted and sentenced to undergo RI for life for the offence under Sections 302/149, IPC and RI for two months for the offence under Section 147, IPC and RI for one month for the offence under Sections 323/149, IPC. However, the sentences were ordered to, run concurrently. All the appellants were acquitted of the charges under Sections 307/149, 325/149 and 447, IPC giving benefit of doubt by the learned Court below.2. The prosecution case has arisen on the basis of the Fardbeyan (Ext, 1) of PW 3, Suna Tuddu recorded on 31.8.1985. at 15.30 hours in the State Dispensary, Barharwa by SI Kamla Pati Singh, O/C Ranga PS rega...
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