Jharkhand Court May 2003 Judgments
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Braj Ballabh Pathak Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: May-06-2003
Reported in: [2003(3)JCR591b(Jhr)]
1. Appellant was posted as Assistant Teacher in Rajkiya Madhya Vidyalaya, Giddore (Itkhori). On 12.5.1994 he was transferred to Primary School, Tikulia within Simaria Anchal. His representation against the transfer was not disposed of by the Deputy Commissioner and/or the District Superintendent of Education, Chatra. As such, he filed CWJC No. 1930 of 1994 @ in this Court, which was allowed to be withdrawn on 15.2.1995, to pursue the representation before the competent authority.2. He claimed that the District Superintendent of Education verbally allowed his representation and directed him to work at Giddore, but Headmaster of the said school did not allow him to join. He, therefore, filed CWJC No. 1059 of 1995@, which was disposed of on 21.7.1995 with a direction to the authorities to recall order of his transfer dated 12.5.1994. Thereafter on 18.8.1995 said transfer order was withdrawn, but his arrears of salary for the period from July, 1994 onward was not paid. Hence, he filed CWJC...
Dr. K.M. Prasad and ors. Vs. Union of India (Uoi)
Court: Jharkhand
Decided on: May-06-2003
Reported in: 2003(51)BLJR1313; [2003(3)JCR452(Jhr)]
ORDERAmreshwar Sahay, J.1. Heard the learned counsel for the parties.2. The prayer of the petitioners, in this application is for quashing of the order dated 31.5.2002 taking cognizance of the offences punishable under Section 56 of the Foreign Exchange Regulation Act, 1973, r/w Section 49 (3) & (4) of the Foreign Exchange Management Act, 1999 as well as the entire criminal proceeding, being Complaint Case No. FEMA 2/2002, by the learned Special Judge, FERA/FEMA, Ranchi.3. The facts of the matter, according to the complaint petition (Annexure 1) filed by the complainant-opposite party, against the petitioners are as under :--'Pursuant to the order of Patna High Court and the Supreme Court, the Central Bureau of Investigation, Patna, took up the investigation of case No. RC 55(A)/96 registered under Sections 120B, 409, 420, 467, 468, 472, 484 and 402 of the Indian Penal code and Section 13(2) read with Section 13(1) (c) and (d) of he Prevention of Corruption Act, 1988. The allegation in...
Maheshwar Singh @ M. Singh Vs. Tata Engineering and Locomotive Company ...
Court: Jharkhand
Decided on: May-06-2003
Reported in: [2003(4)JCR307(Jhr)]; (2004)IILLJ55Jhar
ORDER1. The respondent-workman in CWJC No. 3254 of 1998, is the appellant in this appeal. He was employed as the Supervisor under the first respondent-Management. After due enquiry, he was found guilty of theft of an article of the Company. He was, therefore, dismissed from service. The dispute raised by the workman was referred to the labour Court. The labour Court found that the finding in the domestic enquiry did not call for any interference. But in exercise of its jurisdiction under Section 11A of the Industrial Dispute Act the labour Court interfered with the punishment of dismissal. It or dered reinstatement of the workman with continuity of service with back wages and other consequential benefits. It withheld byway of punishment the back wages of the workman from 29.1.1987 to 7.1.1988. Feeling aggrieved by the award, the management filed the Writ Petition CWJC No. 3254/1998(R), contending that having accepted the finding at the domestic enquiry, the labour Court was not justifi...
Central Coalfields Ltd. and ors. Vs. Alok Glass Industries and anr.
Court: Jharkhand
Decided on: May-06-2003
Reported in: [2004(2)JCR619(Jhr)]
ORDER1. Though this appeal was directed to be linked with LPA Nos. 290 and 291 of 2001, considering the nature of the submissions made before us and the limited point involved we delink this appeal from those appeals and we are finally disposing of this appeal by this judgment.2. Counsel on both sides were heard in detail.This appeal by the Central Coalfields Ltd. (hereinafter referred to as the CCL) and its officers, is directed against the decision of the learned single Judge only in so far as it relates to a direction to the CCL authorities not to suspend or stop the supply of linked coal to those consumers with whom it had linkage, merely on the basis of information furnished or decision taken by the District Industries Centre or the Industries Department of the State Government.3. According to counsel for the CCL, the CCL has no source of information of its own to ensure whether all the persons to whom it supplies coal, are properly utilising the coal or mis-utilising it and in th...
Tanti Murmu Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-05-2003
Reported in: 2003CriLJ2769; [2003(2)JCR728(Jhr)]
Deoki Nandan Prasad, J. 1. This appeal is directed against the judgment of conviction and sentence dated 19.12.1990 passed by the learned Sessions Judge, Dumka, whereby and whereunder the learned Sessions Judge convicted the appellant under Section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years in connection with Sessions Case No. 122 of 1990.2. The prosecution case in brief is that on 17.8.1989 at about 8 a.m. the Informant Jitan Munnu was sitting on the verandah of his house. In the meanwhile, his brother Tanti Murmu (Appellant) came there, having Gupii in his hand and he gave a Gupti blow on the informant hiting him on his forehead above the left eye, as a result of which the Informant became unconscious. It is further alleged that the wife of the Informant came there and started raising Holla. Thereafter the villagers also rushed to the spot.3. The Informant, thereafter, lodged FIR. Police investigated into the case and submitted cha...
Parme Hansda and anr. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-05-2003
Reported in: [2003(2)JCR727(Jhr)]
Deoki Nandan Prasad, J. 1. This criminal appeal in directed against the judgment of conviction dated 7.11.1990 and order of sentence dated 8.11.1990 passed by Shri Sheo Dayal Prasad, Additional Sessions Judge, Pakur, Sahibganj in Sessions Case No. 153 of 1988/79 of 1989, whereby and whereunder, the learned Additional Sessions Judge convicted both the appellants for the offence under Section 304 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years each. They were further convicted under Section 342 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year each. However, the sentences were ordered to run concurrently.2. The prosecution case in brief is that Jharia Kisku, father of the informant, had gone to Simlong Hatia on Monday and when he did not return by night, then on the next day at about 8 a.m., Parme Hansda (appellant No. 1) informed him that his father Jharia Kisku was caught while he was committing theft of...
Birsa Agricultural University and ors. Vs. Ram Pravesh Singh
Court: Jharkhand
Decided on: May-05-2003
Reported in: [2004(1)JCR434(Jhr)]
ORDER1. The sole respondent was appointed as Recruitment Officer in Birsa Agricultural University, Ranchi in the pay scale of Rs. 700-1600/-. Subsequently post of Recruitment Officer and Establishment Officer were merged and was designated as Assistant Director Administration with effect from 23.3.1986 with the same pay scale of Rs. 700-1600/-. He superannuated from service on 30.4.2000.2. Both the University as well as the Departmental Promotion Committee recommended the sole respondent to be promoted to the post of Deputy Director, Administration in the pay scale of Rs. 1200-1900/- (revised to Rs. 3700-5700/).3. On 7.2.1997, the University issued a notification contained in Memo No. 77 VCR, promoting and designating the respondent as Deputy Director, Administration with effect from 22.3.1986 on the State Government's scale of pay of Rs. 3000-4500/-. It appears that on the same day, i.e. 7.2.1997 itself another notification with same Memo No. 77 VCR was issued, whereby he (the respond...
Ali Akhtar Quadri Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-02-2003
Reported in: [2003(3)JCR26(Jhr)]
ORDERVikramaditya Prasad, J. 1. Annexure-2 by, which the petitioner, who was the Mutawalli of Shiekh Quadir Baksh Wakq Estate, Giridih, was removed from the post of Mutawalli on the ground of misappropriation of the income of the Wakf properties and in place of the petitioner, a Committee was constituted to work as Mutawalli, has been sought to be quashed in this writ petition. This order has been passed by the Chairman. Wakf Board, Patna, on 9.5.1998 and, according to the respondents, the same had been communicated by the Secretary of the Board.2. The main ground for seeking the quashing of the impugned order is that the order was without jurisdiction as the Chairman had no legal authority to pass the same.3. The aggrieved respondents appeared and contested the writ petition. According to the respondents, the petitioner has been rightly removed by the Chairman, who had the delegated power under Section 27 of the Wakf Act, 1995, and the order was communicated by the Secretary of the Bo...
Hira Prasad Pandey Vs. the High Court of Judicature at Patna and ors.
Court: Jharkhand
Decided on: May-02-2003
Reported in: [2003(3)JCR12(Jhr)]
S.J. Mukhopadhaya, J.1. The petitioner, a member of Bihar State Subordinate Judicial Service, has challenged the order contained in letter No. 9525 dated 16th April, 1994, whereby he has been informed of administrative order passed by the Patna High Court imposing minor punishment of 'stoppage of one increment without cumulative effect' with further order that he shall not be entitled for any salary for the period of suspension, except the subsistence allowance already drawn.2. The writ petition was preferred by the petitioner in the Patna High Court at Patna. The case was admitted on 10th November, 1994, but remained pending for hearing.3. As the allegations relate to the period the petitioner was posted at Sahebganj, now in the territory of Jharkhand, after reorganization of the State, the case has been transferred to this Court by the Hon'ble the Chief Justice of the Patna High Court under Section 34 of the Bihar Reorganisation Act, 2000.A counter-affidavit was filed on behalf of th...
Ram Badan Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-02-2003
Reported in: [2003(3)JCR8(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. In both the cases, as petitioner is common and common question of law involved, they were heard together and are being disposed of by this common order.2. In WP (C) No. 942 of 2003, the petitioner has challenged the cut off date of 1st August, 2002 as fixed to count the minimum age of eligibility of 22 years for appointment to the post of Assistant Engineer in Public Health Engineering Department (PHED for short) and notified vide Advertisement No. 12/02-03 with further prayer to direct the respondents to decrease the minimum age limit, as mentioned in Clause-IV of the advertisement aforesaid and to accept the application of the petitioner for consideration of his case for appointment against the post of Assistant Engineer along with others.In other case, WP (C) No. 946 of 2003, similar prayer has been made by the petitioner against the minimum age of 22 years as on 1st August, 2002 prescribed for appointment in different State Civil Services, vide Advertis...
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