Jharkhand Court March 2003 Judgments
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Gorakh Nath Ram Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-22-2003
Reported in: [2003(3)JCR368(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by petitioner, who appears in person. Though it is a contempt petition but in the first paragraph, it is pleaded that the petitioner is desirous of issuance of an appropriate writ like mandamus and the certiorari against the respondents.2. It may be mentioned that the petitioner is a Commercial Tax Officer of State of Bihar. While he was posted as Assistant Treasury Officer, Madhepura, was suspended by the State of Bihar vide Notification No. 1359 dated 12th July, 1999 in contemplation of a departmental proceeding. Subsequently, a departmental proceeding was initiated but final order having not passed, petitioner moved before this Court in CWJC No. 1605 of 2001 and challenged the order of suspension. In the said case, it was not made clear whether the service of petitioner was placed within the territory of Jharkhand/State of Jharkhand or not. A Bench of this Court vide order dated 24th April, 2001 while did not choose to...
Damodar Kumar Ojha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-22-2003
Reported in: [2003(3)JCR597(Jhr)]
ORDERVikramaditya Prasad, J.1. Heard both sides.2. In this case the petitioner prays for issuance of a writ of mandamus directing the respondents to make payment of the gratuity amount, provident fund amount, leave, encashment and any other amounts payable to the father of the petitioner, who died in harness on 6.9.1992, when he was working as forester in the State Trading Division Chatra South, Chatra, erstwhile Bihar State. Admittedly, on that date State of Jharkhand was not in existence.3. The question is who will pay all the dues/retrial dues to an employee who died in harness/retired prior to the creation of State of Jharkhand.4. Section 53 of the Bihar Reorganization Act reads with schedule 8 of the said Act require consideration for answering this question.Section 53 of the Act reads as follows :'The liability of the existing State of Bihar in respect of pension and other retirement benefit shall pass to, or be apportioned between, the successor States of Bihar and Jharkhand in ...
Central Coal Fields Limited and ors. Vs. Deputy Commissioner and ors.
Court: Jharkhand
Decided on: Mar-22-2003
Reported in: [2003(3)JCR670(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner Central Coalfields Ltd. has prayed for quashing the order passed by the District Land Acquisition Officer, Hazaribagh in Land Acquisition Case No. 1/2000-01 whereby he has redetermined, the amount of compensation under Section 28A of the Land Acquisition Act and directed the petitioner to deposit the difference of amount of compensation.2. The facts of the case lie in a narrow compass.3. The land of Khata No. 7 of village Tapin, P.S. Mandu measuring 12.10 acres was acquired under the provisions of Land Acquisition Act, 1884 (in short the said Act) and a Land Acquisition Case No. 20/78-79 was initiated and a sum of Rs. 74,473.54 was awarded by the Land Acquisition Officer vide award dated 12.6.84. It appears that one Mr. Parmeshwar Prasad and Baidyanath Prasad whose land was also acquired moved the Land Acquisition Officer for reference under Section 18 of the said Act for the enhancement of compensation. The Land Acquisition...
Ravi Shankar Mishra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-22-2003
Reported in: [2003(3)JCR733(Jhr)]
ORDERM.Y. Eqbal, J. 1. In this writ application the petitioner has prayed for quashing the letter as contained in Memo No. 148 dated 1.4.2002 issued under the signature of respondent No. 3, Inspector General of Police, Rail Division, Ranchi, whereby the appeal preferred by the petitioner has been rejected and the order of termination of service of the petitioner has been affirmed. 2. Petitioner's case is that in the year 1998 while the petitioner was posted at Jamshedpur as Constable a first information was lodged against him and he was taken into custody for committing offence under Section 414 of the IPC. A departmental proceeding was initiated against the petitioner and 'final order was passed terminating the service of the petitioner vide order dated 8.1.2002. In the meantime, criminal case instituted against the petitioner was concluded vide judgment dated 26.2.2002 and he was acquitted in the criminal case. Petitioner thereafter filed a show cause/representation informing the res...
Managing Committee of Ekra Mosque and anr. and Motiur Rehman Vs. State ...
Court: Jharkhand
Decided on: Mar-22-2003
Reported in: AIR2004Jhar3; [2003(4)JCR122(Jhr)]
Tapen Sen, J.1. In C.W.J.C. No; 4323 of 1998, the Petitioners (Managing Committee of Eqra Mosque, through its Secretary namely Motiur Rahman in his official capacity as Petitioner No. 1; as also in his personal capacity as Petitioner No. 2) have prayed for quashing the Order dated 12.05.1998 passed by the Respondent No. 2 (Minister-in-charge, Minority Welfare) said to be in purported exercise of power under Section 43 (4-A) of the Waqf Act, 1954 by reason whereof he set aside the Certificate of Registration issued by the Bihar State Sunni Waqf Board on 20.11.199.6 (Annexure-3). He also set aside the Order dated 18.12.1996 (Annexure-4) issued by the Chairman of the said Board and directed that the Committee constituted under the presidentship of Md. Shabir (Respondent No. 8) shall continue to function. It is relevant to mention that the Committee headed by Md. Shabir (Respondent No. 8) is known as the Masjid-e-Eqra Society'. They have further prayed that the Respondents be restrained fr...
Md. JamiruddIn Ansari and anr. Vs. Rachna Misra and ors.
Court: Jharkhand
Decided on: Mar-22-2003
Reported in: I(2005)ACC606
Gurusharan Sharma, J.1. Sagir Hussain, 9 years' old son of the appellants died in a motor accident on 21st May, 1999. A truck (BHG 8318) loaded with stand dashed the bicycle from back side on which the deceased was a pillion rider along with his elder brother. Both, the deceased and his elder brother sustained injuries in the said accident and were taken to hospital, where Sagir was declared dead. His parents filed title (MV) Suit No. 92 of 1999 under Section 166 of the Motor Vehicles Act, 1988. It was established that the accident took place on account of rash and negligent driving of the truck. The Tribunal assessed a sum of Rs. 50,000/- payable as compensation to the claimants with interest @ 9% per annum from the date of filing of the claim case till 22nd March, 2001, when Rs. 50,000/- was received by them. The minor child had no earning of his own and his parents were not his dependents. So obviously his parents were entitled to compensation only on a lumpsum basis, on considerati...
Kishore Kumar Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Mar-21-2003
Reported in: [2003(97)FLR936]; [2003(2)JCR448(Jhr)]
Tapen Sen, J.1. Heard Mr. Saurav Arun, learned counsel for the petitioner and Mr. Aniket Kumar, JC to SC-I. 2. The petitioner, a Class-IV employee serving since 1989 as a 'Janjir Bahak (one who pulls the measuring chain along with the surveyor)' was ordered to go out of service by Annexure-6 issued by the respondent No. 2. The said officer order is dated 3.4.1998. 3. Upon perusal of Annexure-6 (the impugned order), it appears that the reason for terminating the service of the petitioner was because he had not been able to produce the certificate of displacement on the basis whereof he is said to have beengiven compassionate appointment on 18.5.1989. 4. The petitioner has asserted that his name had been sent by the Employment Exchange upon requisition made in that regard by the respondents themselves for purposes of appointment of displaced person. The petitioner claims that his land has been acquired for construction of the Latratu Dam and accordingly, his name had been sent. Thereafte...
Subhash Prasad Saw Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-21-2003
Reported in: [2003(3)JCR390(Jhr)]
1. Heard Learned counsel for both sides.2. This appeal is by the petitioner in WP (C) No. 6454 of 2002. The appellant is the Deputy Chairman of the Dhanbad Central Co-operative Bank Ltd., Dhanbad. The appellant approached this Court with the writ petition praying for the issuance of a writ of mandamus directing the respondents to take steps for holding the election for constitution of the Managing Committee of the Dhanbad Central Co-operative Bank. According to the appellant, the term of the Managing Committee ended on the completion of the Co-operative year on 31.3.2002, but the Managing Committee was entitled to continue in office for a term of nine months for holding the election to the succeeding Managing Committee. That period of grace expired on 31.12.2002. The election was not held. According to the appellant that was due to the failure of the Deputy Commissioner to appoint an Election Officer for holding the election. Whatever it may be, on the expiry of the grace period of nin...
M.G.P. Workers Union Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Mar-21-2003
Reported in: [2003(3)JCR377(Jhr)]
ORDERVikramaditya Prasad, J.1. Heard the learned counsel for the petitioner, respondent NTPC and respondent EPF.2. This writ petition has been filed for two specific reliefs- (i) for canceling the Sub-Code Number granted to the Contractors and (ii) for a direction upon the respondent Nos. 1 to 3 to deposit the employer's contribution with the employees contributions towards the Provident Fund for the workmen engaged in the NTPC by the various contractors since 1987 till date.3. Shorn of the detailed fact is that there is an instruction issued by the Central Provident Fund commissioner, Annexure-6, which has deprecated the practice of allotment of the separate Sub-Code Number in the following terms :--'No. 17(3)93/E.I/K.N. Dated 3.7.1998ToAll Regional Provident Fund Commissioners /Officers-in- Charge of Sub-Regional Offices Subject : Coverage of contract labour under the Employees Provident Fund and Miscellaneous Provisions Act, 1952, issue of Code numbers.SirIt has come to notice that ...
Smt. Ranjana Paul Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-21-2003
Reported in: 2004CriLJ1505
ORDERAmareshwar Sahay, J.1. In the instant application the petitioner has prayed for quashing of the Judgment/order dated 14-8-2002 passed by the 7th Additional Sessions Judge, Dhanbad in Cr. Rev. No. 521 of 1998 filed by the petitioner whereby the learned Sessions Judge dismissed the revision application and confirmed the order dated 9-3-1998 passed by the learned Sub-Divisional Magistrate, Dhanbad in M.P. case No. 1995 of 1993 in a proceeding under Section 133, Cr.P.C. directing the second party i.e. petitioner herein to clear the drain within one week which was blocked by the petitioner causing public nuisance.2. The facts in short giving rise to this application are that Smt. Prema Jha opposite party No. 2 herein filed an application before the Officer-in-charge of Dhanbad police station alleging therein that Smt. Ranjana Paul and her husband, who are the next door neighbour of her, have obstructed the flowing of municipal drain due to which dirty and rain wasters have started accu...
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