Jharkhand Court March 2003 Judgments
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Atyant Pichra Barg Chhatra Sangh and ors. Vs. State of Jharkhand and o ...
Court: Jharkhand
Decided on: Mar-03-2003
Reported in: 2003(51)BLJR941; [2003(2)JCR184(Jhr)]
S.J. Mukhopadhaya, J.1. In these cases, the only question arises for determination whether the consolidated reservation for Other Backward Category (OBC for short), including Extreme Backward and Backward Category for admission in Professional/technical and equivalent training Institute, as made vide Resolution bearing Memo No. 5/R-03/2001-5800/ Ranchi, dated 10th October, 2002 is legal, valid and permissible or not.2. For determination of the issue, it is not necessary to discuss all the facts, except the relevant facts, which are mentioned hereunder.Prior to reorganization of the State, in the combined State of Bihar, Circulars/ Guidelines and Acts were issued from time to time reserving posts for appointment in Government Services and seats for admission in Professional/technical and equivalent training Institute, while separate quota were fixed for scheduled Castes (SC) and Scheduled Tribes (ST) categories, for OBC separate reservations were made for Extremely Backward Category (EB...
Gaya Singh Vs. the Chairman Coal India Ltd. and ors.
Court: Jharkhand
Decided on: Mar-03-2003
Reported in: 2003(51)BLJR869; [2003(2)JCR514(Jhr)]
S.J. Mukhopadhaya, J. 1. This writ petition has been preferred by the petitioner to quash the departmental proceeding initiated vide Charge Sheet No. BCCL : EE : X : C : 35(2) : 87 : 257 dated 2nd May, 1988, followed by Charge Sheet No. BCCL : EE : X : C : 35(2) : 87 : 894 dated 25th November, 1993 and the consequential letter No. BCCL : ENQ : SK&GAYA; : 2002 : 1263 dated 2nd August, 2002. The sole ground taken to challenge the proceeding is 'delay' and that for similar charge for which criminal case was lodged, no case having made out, the criminal case was dropped. 2. The brief fact of the case is that the petitioner was suspended vide an Order No. BCCL : EE : X : C : 35 : 87 : 85 dated 9th February, 1988. It followed by initiation of an enquiry, vide Charge Sheet No. BCCL : EE : X : C : 35(2) : 87 : 257 dated 2nd May, 1988. The main allegation was that a number of Casual Wagon Loaders made applications for payment of LTC/LLTC twice for the same Block Year : 1983 - 1986 and were paid...
Steel Authority of India Ltd. Vs. Pee Kay Enterprises Engineers and Co ...
Court: Jharkhand
Decided on: Mar-03-2003
Reported in: [2003(2)JCR169(Jhr)]
ORDERM.Y. Eqbal, J.1. This appeal under Section 39 of the Arbitration Act, 1940 is directed against the judgment and decree dated 5.5.2001 passed by Sub-Judge, 1st Bokaro at Chas in Title Arbitration Suit No. 4 of 1998, whereby he has confirmed the Award dated 16.2.1998 given by the Arbitrator and rejected the application filed by the appellant under Section 30 of the said Act for setting aside the Award.2. The facts of the case lie in a narrow compass.3. The appellant floated a tender notice dated 4.1.1982 inviting quotation for construction of Community Hall in Sector VIII. Pursuant to the said tender notice, the respondent submitted quotation which was accepted and letter of intent was issued by the appellant on 12.5.1982 and an agreement was signed on 15.7.1982. In terms of the agreement the period of completion of work was 10 months to be reckon after 15 days from the date of issuance of letter of intent or actual start of the work whichever be earlier. The respondents was require...
State of Jharkhand and anr. Vs. Km. Suman and ors.,
Court: Jharkhand
Decided on: Mar-03-2003
Reported in: [2003(2)JCR171(Jhr)]; (2003)IIILLJ951Jhar
Hari Shankar Prasad, J.1. Since in all the appeals filed under Section 10 of the Letters Patent, similar question of law and facts are involved, these appeals have been heard together and are being disposed of by this common judgment.2. All these appeals have been filed on behalf of the State of Jharkhand challenging the judgment dated 7th October. 2000, whereby writ petitions filed by the writ petitioners were allowed and order dated 2.2.2000 passed by respondent-Director, Primary Education Department, Secondary, Primary and Adult Education, Bihar (now Jharkhand) was quashed.3. It appears that services of the respondents were terminated by order dated 2.2,2000 and by the impugned order dated 7th August, 2000 services were reinstated and order dated 2.2.2000 terminating their services was quashed.4. Sri A.K. Mehta, learned counsel appearing for the appellants, submitted that services of the respondents were rightly terminated by the Director, Primary Education Department, Secondary, Pr...
Ram Kishun Mahto Vs. J.S.E.B. Through Its Secretary and ors.
Court: Jharkhand
Decided on: Mar-03-2003
Reported in: [2003(2)JCR400(Jhr)]
ORDERM.Y. Eqbal, J. 1. Heard the counsel for the parties. 2. In this writ application the petitioner prayed for issuance of appropriate direction upon the respondent not to change or alter the date of birth of the petitioner which has been recorded in the service record merely on the ground of assessment of age of the petitioner by the Medical Board. 3. The petitioner was appointed as Peon in the respondent Electricity Board in 1967. A service record was opened in which his date of birth was shown as 31.12.1950. Copy of the service record has been annexed as Annexure 1 to the writ application. It is contended that a permanent Account Number was allotted to the petitioner where his date of birth was shown as 31.12.1950. The school certificate also mention the same date of birth. However, in 1999 the respondent vide letter dated 24.8.1999 directed the petitioner to appear before the Medical Board for the purpose of assessing the age. Since the petitioner was in service, he could not diso...
Food Corporation of India Vs. Munnalal Jain, Ex-handling Transport Con ...
Court: Jharkhand
Decided on: Mar-03-2003
Reported in: [2003(2)JCR392(Jhr)]
M.Y. Eqbal, J. 1. This appeal under Section 39(1)(vi) of the Arbitration Act, 1940 at the instance of the appellant-Food Corporation of India is directed against the judgment and decree dated 14.12.1994 passed by Sub-Judge I, Daltonganj in Money Suit No. 18/82 refusing to set aside the award dated 14.7.1994 passed by the sole arbitrator and making the same rule of the court.2. The facts of the case lie in a narrow compass : The plaintiff-appellant floated a tender in the year, 1977 for handling and transporting the contract at Food Storage Depot, Daltonganj from the rail head to the depot at Daltonganj. The tender submitted by the defendant-respondent was accepted and contract was allotted to him on the terms of conditions contained therein. The defendant alleged to have continued the work for some time but left the work without giving any information to the plaintiff. The Railway Department claimed the amount of demurrage and warfare from the plaintiff and the plaintiff had to incur e...
Bodho Sah and anr. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-03-2003
Reported in: 2003CriLJ4215; [2003(2)JCR213(Jhr)]
Lakshman Uraon, J.1. The appellants being aggrieved and dissatisfied with the order of conviction dated 19th June, 1996 and sentence dated 20.6.1996 passed by learned 3rd Additional Sessions Judge, Deoghar in sessions case No. 175 of 1992/ 65 of 1992 where and whereunder they have been convicted under Section 376, IPC and sentenced to undergo imprisonment for life, have preferred this appeal.2. The prosecution case, in short, is that informant Sugani Devi (PW 5) went to the police station on 1st July, 1990 at 9.30 p.m. along with her husband PW 2 Chhotu Thakur taking old Sari, green colour black spotted polyester and one old petticoat and alleged that on 30.6.1990 in the morning at 8.00 p.m., she had gone to Medhi Sah of village Kandadih to offer 'mali' to his grand-son. She was returning at about 5.00 p.m. and when she reached in between Dahajor and Mauza Tuhio near a sugarcane field, both appellants - Arjun Sah and Bodho Sah came to her and asked her to go inside the Sugarcane field ...
Yadu Nandan Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-03-2003
Reported in: 2003(51)BLJR742; [2003(2)JCR398(Jhr)]
S.J. Mukhopadhaya, J. 1. This application has been preferred by the petitioner against the orders, contained in Memo No. 1909 dated 29th May, 2002 and District Order No. 1105/2002 dated 24th June, 2002, whereby and whereunder, it was directed to recover the excess salary paid to the petitioner between 1st May, 2000 to 31st January, 2002, from his retiral benefits. 2. The brief fact of the case is that the petitioner was appointed as a Constable on 21st April, 1964 and retired on 31st January, 2002 from the post of Sub Inspector of Police. After his retirement, when the respondents took up the matter for payment of his retiral benefits, it came to their notice that his date of birth was corrected as 1st April, 1944, vide Lohardaga District Order No. 542 of 1992 and on that basis, the petitioner was allowed to continue upto 31st January, 2002. The DIG of Police, Human Rights, Jharkhand found that the correction of his date of birth was made after about 28 years of petitioner's service by...
Uma Shankar Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-03-2003
Reported in: [2003(2)JCR502(Jhr)]
S.J. Mukhopadhaya, J.1. This application has been, preferred by the petitioner for direction on the Respondent Deputy Commissioner, Bokaro to consider his case for issuance of Other Backward Category (OBC) Certificate in the format prescribed by the Central Government, he being below the creamy layer.Further prayer has been made to direct the Respondents to take into consideration the Circular No. 329 dated 4th July, 2001 issued by the Personnel and Administrative Reforms Department of the Government of Bihar for issuance of such certificate. Aforesaid prayer has been made so that the petitioner may produce Creamy Layer Certificate on demand by the Union Public Service Commission, he having qualified in the Civil Services Preliminary Examination and appeared in the Mains examination.2. According to the petitioner, he belongs to OBC in terms of the Central and Slate List being 'BANIA' (MODI) by Caste. He was granted Caste Certificate and Residence Certificate by the Circle Officer, Nawa...
Rajendra Prasad Sharma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-03-2003
Reported in: [2003(2)JCR752(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner has challenged the jurisdiction of the Additional District Judge Court, Bokaro to hear and dispose of the appeals filed under Section 9 of the Public Premises (unauthorised occupants) Act, 1971, in short the said Act.2. It appears that petitioner was employed in Board Steel Plant since 1969 and he was superannuated in 1996. It is contended by the petitioner that instead of payment of retiral benefits the respondents have initiated a proceeding for eviction under the said Act. The Estate Officer exercising power under the said Act passed final order in the said proceeding and ordered for conviction of the petitioner. Aggrieved by the said order, petitioner preferred appeal under Section 9 of the said Act before the District Judge, Bokaro being MA No. 4/2001. The District Judge, Bokaro after admitting the appeal transferred the same to the Court of IVth Additional District Judge, Bokaro for disposal. Before the Additional Dist...
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