Jharkhand Court March 2003 Judgments
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Sadanand Thakur Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-10-2003
Reported in: [2004(2)JCR613(Jhr)]
Tapen Sen, J.1. Heard Mr. Ambar Nath Banerjee, learned counsel for the petitioner and Mr. Suresh Kumar, learned Junior Counsel to the Additional Advocate General for the State-respondent.2. The petitioner is aggrieved by the order dated 27.05.2000 passed by the Regional Deputy Director of Education, Santhal Pargana, Dumka, by reason whereof his services have been terminated. The petitioner submits, that upon setting aside and quashing, by issuance of a Writ of certiorari, the aforementioned consequential reliefs such as reinstatement, regularity and other benefits be given to him which, in normal course, would have ensured in his favour had not been terminated from service.3. The short facts which necessarily draws attention of this Court for purposes of adjudication hereof are that pursuant to an advertisement issued in the year 1988, albeit on the notice Board of the Office of the Sub Divisional Educational Officer, Pakur, for purposes of appointment to the post of clerks on temporar...
Sanjiv Kumar Singh and ors., Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-07-2003
Reported in: [2003(2)JCR555(Jhr)]
Vikramaditya Prasad, J.1. Heard the learned counsel for the parties.2. All these writs have been heard together and are being disposed of by a common order as they arise out of the same facts and same Annexure A of the counter affidavit filed in WP(S) No. 3769 of 2002. This Annexure A is Annexure 11/A of this writ. Annexure A shows that the appointments made to Class III and Class IV posts in the Mechanical Division of the Road Construction Department were found to be made against sanctioned posts without following the procedure for appointment, such as, issuing of the advertisement, observance of the rules of reservation etc. Moreover, many such appointment letters were issued from the level of the Chief Engineer, Mechanical Division and though the subject mentioned in such letters were different but they have been treated to be appointment letters. Consequently, the Government for the aforesaid reasons terminated the services of the petitioners and also directed for Initiation of a c...
Surendra Prasad Yadav Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-07-2003
Reported in: [2003(2)JCR755(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner has prayed for quashing the order as contained in memo No. 395 dated 10.12.2001 whereby the petitioner has been reverted from the post of Clerk-cum-Store Keeper to the post of Superior Field Worker.2. In 1986 the petitioner was appointed as Superior Field Worker and since then he continuously worked in the office of Filaria Officer-in-Charge, Ranchi in 1993 vide memo No. 162 dated 9.2.1993 the petitioner was transferred and posted in higher scale of pay in Filaria Control Unit, Gumla, as Clerk-cum-Store Keeper. In the next month i.e. in January, 1993 the promotion of the petitioner was cancelled on the ground that roster and reservation policy was not followed and seniority was not considered. The revision was challenged in Patna High Court in CWJC No. 5354/93. The writ petition was disposed of with a direction to the respondent authorities to pass appropriate order after giving opportunity of hearing to the person concerned...
Mani Chakraborty Vs. Central Coal Filed Ltd. and ors.
Court: Jharkhand
Decided on: Mar-06-2003
Reported in: 2003(51)BLJR771
M.Y. Eqbal, J.1. Heard the Counsel for the parties.2. The petitioner seeks a direction upon the respondents to calculate the benefits of voluntary retirement (VRS) on the basis of revised pay-scale consequent upon National Coal Ways Agreement-VI (In short 'NCWA').3. The petitioner retired from the service of the respondent-CCL as a Forman, Jarandih Colliery. Kathara Area; Bokaro. Under the VRS the petitioner offered to retire which was accepted and the petitioner retired with effect from 20-5-1997. After his retirement, in January, 2001 the NCWA-VI came into existence whereby the pay-scale of the employees was revised with effect from 1-7-1996. On the basis of NCW Agreement-VI petitioner's salary was also revised and the difference of wages was paid to the petitioner in the month of September, 2001. The petitioner, therefore, claims that the retirai benefits under the aforesaid scheme should also be paid to him on the basis of the revised pay-scale.4. The respondents, in their counter-...
Shyamapado Kumbhakar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-06-2003
Reported in: [2003(2)JCR756(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the counsel for the parties.2. This case is one of the instances which will show how a person in connivance with the officers of the Forest Department, continued to carry on saw mill business even without obtaining a valid licence.3. In the instant case, the petitioner filed an application for grant of licence under the Bihar Saw Mill Regulation Act, 1990. Para 5 of the writ application reads as under :'That it is further stated that the petitioner is a license holder and license was granted to the petitioner under Section 5 of the Act by the competent authority under Sub-section (2) of Section 3 of the Act dated 12.10.1996 in the name of M/s. Pradip Saw Mills. The said license was renewed from time to time under Section 5 of the Act.'4. From perusal of annexure 1 it appears that it is not a license rather, it is an application filed by the petitioner for grant of license. The officers of the respondent Forest Department allowed the petitioner to carry on th...
Ram Chandra Prasad Vs. Damodar Valley Corporation and ors.
Court: Jharkhand
Decided on: Mar-05-2003
Reported in: [2003(2)JCR225(Jhr)]
Tapen Sen, J.1. At the very outset, it was found that some important pages of the records of this Writ Petition especially Annexure-4- has been torn and therefore, the learned counsel for the petitioner filed a bound Paper Book of the Writ Application in Court beginning from Page 1 to 293. Let it be kept on record.2. Heard Mr. Debt Prasad, learned Senior Advocate on behalf of the petitioner assisted by Mr. Lalit Kumar Lal and Mr. Dhananjay Kumar Dubey, Mr. M.M. Bannerjee appears on behalf of the respondents.3. The Writ Petitioner in the instant case has challenged and prayed for quashing the order of punishment passed on 8.1.1997 (Annexure-17, page 161) whereby and whereunder the Secretary-cum-Disciplinary Authority (respondent No. 3) passed an order in the following terms :'That he be reduced in rank from the present position of Superintending Engineer in the scale of Rs. 4,100-125-4850-150-5900 to Senior Divisional Engineer and his pay should be fixed in the lower pay scale of Rs. 22...
Prabha Kashyap and anr. Vs. Ashok Kumar Upadhyay and ors.
Court: Jharkhand
Decided on: Mar-05-2003
Reported in: 2004ACJ1963; [2003(3)JCR376(Jhr)]
ORDER1. Pursuant to order dated 17.1.2003 Registrar General conducted enquiry. Perused his report dated 26.2.2003 at flag 'O'. The person, who was responsible for delay in dispatching lower Court records to this Court has already been departmentally proceeded with. Hence, no further order is required to be passed in that regard.2. Heard the parties and perused lower Court records and on their joint request this appeal is disposed of at the stage of hearing under Order 41, Rule 11 of the Code of Civil Procedure.3. Admittedly one Praveen Kashyap, Judicial Magistrate, 1st class, who was posted at Ranchi met with a motor accident on 7.12.1995, while he was traveling on a Bus (BR-14P-0003) from Ranchi to Sasaram. On the way there was a head-on-collision of this Bus with another Bus (BR-14P-7059) coming from opposite direction. Sri Kashyap sustained multiple injuries in the said accident and died on the spot.4. His widow, Smt. Prabha Kashyap and minor daughter, Pragyashree filed claim applic...
Prem Chand Mahto Vs. Laxmi Devi and anr.
Court: Jharkhand
Decided on: Mar-05-2003
Reported in: 2003CriLJ3242
ORDERHari Shankar Prasad, J. 1. This application, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed for quashing the impugned order dated 24-6-2002 passed in Cr. Rev. No. 75/ 1999/6/2000 by learned 1st Additional Sessions Judge, Bermo at Tenughat and also for quashing the order dated 15-9-1999 passed by learned Judicial Magistrate, 1st Class, Bermo at Tenughat in Maintenance Case No. 25 of 1997.2. The present application has arisen out of an order passed in revision application No. 75/99/6/2000. Opposite party No. 2 along with her son opposite party No. 3 filed a petition before learned Court below for allowing them maintenance on the ground that opposite party No. 1 is legally wedded wife of petitioner and opposite party No. 2 is their son. Opposite party No. 2 further alleged in the petition that the marriage was solemnized in the year 1992 according to Hindu Rites & Customs. Till 2 and 1/2 years the marital relation between th...
Shikandar Chouhan Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-05-2003
Reported in: II(2003)DMC753
ORDERAmareshwar Sahay, J.1. Heard the learned Counsels for the parties.2. In the instant application, the petitioner has prayed for quashing the order taking cognizance dated 6.11.1999 for the offence Under Section 498A of the Indian Penal Code, and also the charge framed on 19.8.2000 against the accused-petitioner Under Section 498A of the Indian Penal Code, by the Judicial Magistrate, 1st Class, Dhanbad in G.R. Case No. 4301 of 1998.3. The facts in short of the case are that the opposite party No. 2 filed a complaint being C.P. Case No. 1196 of 1998, which was sent to the police Under Section 156(3) of Cr.P.C, and the police registered the same as Nirsa P.S. Case No. 261 of 1998.4. The case of the prosecution as would appear from the original complaint petition is that the informant was legally married wife of the accused, Shikandar Chouhan who was an employee of BCCL and working as Pay Loader Operator at Chapapur Colliery. Out of their wedlock two daughters and one son aged about 9 ...
Cce Vs. Telco
Court: Jharkhand
Decided on: Mar-05-2003
Reported in: 2003(108)LC48(Jharkhand); 2004(165)ELT280(NULL)
ORDER1. The short point involved in this case is with respect to the interpretation of Section 11AB of the Central Excise Act, 1944 relating to the liability to pay interest on the amount of duty as determined and held payable in terms of the adjudication earlier held under Section 11A of the Act. Vide judgment dated 23rd July, 1999 the Customs, Excise 8s Gold (Control) Appellate Tribunal (CEGAT), Eastern Bench, Calcutta, Set aside that part of the order impugned before it whereby penalty was imposed upon the respondent. But in course of the aforesaid judgment of the Tribunal, the question relating to the imposition of interest was not dealt with. Accordingly, the respondent filed a Review Application (calling, it a miscellaneous application for rectification of the mistake) and the Tribunal vide order dated 8.2.2001 while referring to Section 11AB of the Act held that since the period for which the duty in question was held to be payable was between 1.4.1989 to 30.6.1995, which was no...
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