Jharkhand Court April 2003 Judgments
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Ram Pran Ram Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Apr-10-2003
Reported in: [2003(3)JCR340(Jhr)]
ORDERTapen Sen, J. 1. Heard Mr. N.N. Tiwari, learned counsel for the petitioner. Nobody appears for the State Respondents.2. Petitioner in the instant Writ Petition is aggrieved by the order dated 23.12.1993 passed by the Deputy Commissioner, Garhwa (Respondent No. 3) inflicting the punishment of censure and withholding of one annual increment upon the petitioner. The petitioner is further aggrieved by the order dated 23.8.1996 passed by the Commissioner, Garhwa (Respondent No. 2) rejecting the appeal filed by the petitioner. The short facts which are necessary to be taken note of is that the petitioner, an Assistant Teacher in Government Primary School, Korwadih, within Garhwa Circle, District Garhwa was found absent on 10.12.1993 by the Deputy Commissioner when the latter conducted a surprise inspection of the school. Consequently, the petitioner was put under suspension by the order dated 13.12.1993 as contained at Annexure-3 and the petitioner was asked to explain as to why he shou...
Sushri Rinku Kumari Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-10-2003
Reported in: [2003(4)JCR336(Jhr)]
ORDERM.Y. Eqbal, J. 1. In this writ application the petitioner has prayed for quashing the order issued vide memo No. 715 dated 16.3.2002, whereby the service of the petitioner has been terminated by the Superintendent of Police, West Singhbhum, Chaibasa on the ground that the Selection Committee was not properly constituted and there was irregularity in the appointment.2. It appears that the post of Daftory was advertised and the applications were invited from Employment Exchange, Chaibasa. Petitioner along with others applied for the said post. A copy of the advertisement is annexed as Annexure 1 to the writ application. Petitioner was called upon vide memo No. 1037 dated 14.6.1999 issued by the Superintendent of Police, West Singhbhum, Chaibasa to appear for interview on 20.6.1999. Petitioner was selected by the Interview Board and appointment letter was issued vide memo No. 1153 dated 1.7.1999. Petitioner joined service in 1999 itself and continuously worked on the said post. In th...
Hira Lal Vs. Steel Authority of India and ors.
Court: Jharkhand
Decided on: Apr-10-2003
Reported in: [2004(1)JCR442(Jhr)]
ORDER1. Heard the parties. According to stamp report dated 16,9.2002, the limitation for filing the present appeal expired on 18,6.2002, whereas it was flled on 20.9.2002. The explanation of the delay aforesaid has been furnished in the petition under Section 5 of the Limitation Act, 1963, at flag 'L', which, in our opinion, is sufficient. Hence the delay in filing the appeal is condoned.2. The appellant claimed that earlier he was working with Eastern Railways and in the year 1975 he was employed as Chowkidar with Steel Authority of India Limited at Bhawanathpur Lime Stone Mines, Garhwa. It is not in dispute that in the absence of any birth certificate, his age was assessed by the Medical Board, at the time of his appointment in the year 1975 at 35 years. He was, therefore, born in the year 1940. Accordingly his age, in the personal data form, prepared at the time of his initial appointment was mentioned as 35 years in 1975. He was served with a notice dated 12.7.2000 that he was to s...
Ruplal Sao Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-09-2003
Reported in: [2003(2)JCR602(Jhr)]
Vishnudeo Narayan, J. 1. The sole appellant named above has preferred this appeal against the impugned judgment and order dated 22.12.1998 and 23.12.1998 respectively passed in S.T. No. 279 of 1996 by Shri Dhruv Narain Upadhyay, 1st Additional Sessions Judge, Giridih whereby and whereunder the appellant was found guilty for the offence punishable under Section 302/34 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life and to pay a fine of Rs. 500/-and in default thereof to undergo S.I. for one month. However, the appellant was acquitted for the offence punishable under Sections 3 and 4 of the Explosive Substance Act and also for the offence under Section 25(1B) and 27 of the Arms Act. 2. The prosecution case has arisen on the basis of fardbeyan (Ext-7) of PW 8 Gango Sao, the informant and brother of Hublal Sao the deceased of this case, recorded by PW 12 Nasirudin Khan S.I. who is the I.O. of this case on 16.06.1996 at about 22.00 hours at village Phuch...
Md. Tauquir Alam Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Apr-09-2003
Reported in: [2003(2)JCR640(Jhr)]
ORDERM.Y. Eqbal, J.1. Petitioner filed this writ application seeking direction upon the respondents, Jharkhand State Electricity Board and its officers to accept the application of the petitioner for giving him new electric connection in the premises bearing plot No, 1092, Ward No. 8 (Mango, Jamshedpur) which has been taken on lease from one Md. Pervez Akhtar, S/o Late Moizul Haque resident of Muhalla Jamshedpur. 2. Petitioner's case is that after taking shop premises on lease he approached respondent No. 5 Assistant Electrical Engineer, Electric Supply Sub Division, Mango for grant of new connection and the later refused to accept his application for new connection on the ground that there is some dues lying against the owner of the premises namely, Pervez Akhtar. The respondents appeared and filed counter affidavit stating that there was industrial connection in the plot in question in the name of Pervez Akhtar who had arrear of Rs. 61.000/- and for non payment of that arrear line wa...
Sadhori Soren Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Apr-09-2003
Reported in: [2003(2)JCR688(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The husband of petitioner late Govind Hembrom was in the services of Bihar State Electricity Board (B.S.E.B. for short) and died in harness on 2nd October, 1998. Thereafter though a sum of Rs. 1,46,579/- was sanctioned by the competent authority, namely, General Manager-cum-Chief Engineer, Electric Supply Area, Bhagalpur vide letter dated 13th March, 2003 but it was not paid. The authorities allowed provisional family pension from August, 2002 but arrears on finalization of family pension and other dues were not paid. This apart, inspite of application made by the petitioner for compassionate appointment of her son, the respondents did not consider the case of the son of petitioner for compassionate appointment against class-IV post.2. Inspite of time allowed to respondents on 20th December, 2002, 29th January, 2003, no counter affidavit was filed. This Court vide order dated 4th March, 2003 allowed further three weeks' time on the request of the counsel fo...
Ranjit Kumar Rana and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-09-2003
Reported in: [2003(3)JCR460(Jhr)]
ORDERM.Y. Eqbal, J. 1. Heard the counsel for the parties. 2. The petitioners seek appropriate direction upon the respondents to consider their cases for promotion from the post of Dalpatis to the post of Panchayat Sewak with effect from the date when other juniors and similarly situated persons have been promoted to the post of Panchayat Sewak. 3. In the counter affidavit filed by the respondent-Deputy Commissioner it is stated that several Dalpatis were promoted against the vacant post of Panchayat Sewak which promotion was on the basis of recommendations of the Appointment Committee and in compliance of the order of this Court passed in several writ petitions. It is stated that these petitioners were not parties in those writ petitions. It is further stated that the members of the Committee now have unanimously decided that unless there is specific order for consideration for appointment of the petitioners, no decision for recommendation can be taken. The Finance department should be...
Safayatullah Khan and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Apr-09-2003
Reported in: 2003(2)BLJR1046
Vishnudeo Narayan, J. 1. Both the writ petitions have been heard together and are being disposed of by this judgment. 2. The petitioners in both the writ petitions have prayed for a declaration that the processes issued under Sections 82 and 83 Cr. P.C. is bad, illegal, arbitrary and without jurisdiction and also claimed compensation regarding the damages caused to their residential premises by the respondents in execution of the process aforesaid. 3. Original petitioner No. 1, Enayatullah Khan (since dead) in Cr. W.J.C. No. 264/94 (R) (hereinafter referred as petitioner No. 1) claimed himself to be the absolute owner in possession of holding No. 144, holding No. 315, and holding No. 164 on plot Nos. 524, 628 and 534 respectively situate at Naya Basti and Gouri Shanker Road, P.S. Jugsalai, District East Singhbhum and holding No. 144 has been acquired by virtue of the sale-deed dated 24-5-1961 executed by Basi Ban Bibi in favour of his wife Shirin Khatoon, who had died on 7-2-1982 and p...
Star Boots Company Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-09-2003
Reported in: AIR2004Jhar39; [2003(3)JCR678(Jhr)]
M.Y. Eqbal, J. 1. In this writ application the petitioner has prayed for quashing the order as contained in memo No. 176 dated 7.2.98 issued by the respondent No. 4 Development Officer, Adityapur Industrial Area Development Authority, Jamshedpur (AIADA) whereby the allotment of the land which was made in favour of the petitioner in the year 1993 has been cancelled.2. The facts of the case in brief is that the petitioner was allotted a land by A1ADA measuring an area of 12,346 sq. ft. in industrial area for the purpose of starting a project and a registration certificate was also issued for carrying on manufacturing activity of safety boots. Pursuant to the said allotment a registered lease deed was executed in the year 1995. It is contended by the petitioner that he started manufacturing of safety boots but in the meantime the petitioner went to USA for doing export import training courses. In the year 1997 the respondent AIADA issued notices for cancellation of allotment of land. The ...
Md. JamaluddIn Vs. the Chairman Sail and ors.
Court: Jharkhand
Decided on: Apr-09-2003
Reported in: [2003(3)JCR685(Jhr)]
ORDER1. Heard. This appeal has been filed against the order dated 14.6.2001, passed by the learned Single Judge in CWJC No. 1069 of 2000 (R). After removing defects, it has been filed on 10.1.2003. whereas limitation for filing the appeal had already expired on 16.7.2001. Hence, L.A. No. 301 of 2003 at flag 'I' has been filed for condonation of the said delay.2. Appellant was appointed as Rigger on 21.7.1973 in Bokaro Steel Plant. In the year 1996 he came to know that his date of birth in personal data form was changed/ interpolated. As such on 24.1.1996 he filed representation for correction of the aforesaid wrong entry made. No decision was taken on his representation. He, therefore, moved this Court, but his writ application was not entertained and was dismissed with a liberty to him to get the controversy regarding his date of birth decided in Civil Court. Since, appellant has alleged correction/interpolation in his date of birth in personal data form, it could not have been decide...
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