Jharkhand Court July 2003 Judgments
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Chandra Kant Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-08-2003
Reported in: [2004(4)JCR78(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties. The petitioner has prayed for quashing that part of the order dated 23.2.2004 (Annexure-6) by which pension and gratuity has been refused in view of the Rule 46 of the Bihar Pension Rules, 1950.2. It appears that petitioner was removed from his service with effect from 28.11.1986 (Annexure-1) on the ground that petitioner was found guilty in two departmental enquiries for negligence of duty, disobedience of the orders of the superior officers, dereliction of duty and assaulting the superior officer, and also theft of Government property and, therefore, he can not remain in Government service. Petitioner challenged order of his removal in Writ Petition No. 6650 of 1998. The said writ petition was disposed of on 1.11.1999, concluding as follows :'From the fact aforesaid, it will be evident that the petitioner was removed from service on 5.11.1987 which order become final. Said removal was made because of allegation of mis-conduct, dereliction o...
Sangeeta Kumari Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jul-08-2003
Reported in: 2004CriLJ1734
Hari Shankar Prasad, J.1. The revision application is directed against the judgment dated 27-11-2000 passed in Session Trial No. 102/98, whereby learned 2nd Additional Sessions Judge, Dhanbad acquitted Opposite Party No. 2 under Sections 307 and 326 of the Indian Penal Code (hereinafter referred to as 'the Code') and convicted the Opposite Party No. 2 under Section 324 of the Code.2. Prosecution case in short is that the petitioner as informant gave her Fardbayen on 11-11-97 in Central Hospital, Saraidhela in an injured condition to the fact that at about 9.30 a.m. this petitioner informant was standing near the bus stand and at that time Opposite Party No. 2 accused came there by a scooter and after parking the same he took out a small box from the dickey of the scooter and poured the same on her head and face, as a result of which her face and eyes started burning and she started crying and fell down and opposite party accused uttered that since you did not obey my order. I am, there...
Babulal Sao Vs. State of Bihar
Court: Jharkhand
Decided on: Jul-08-2003
Reported in: 2004CriLJ2465
Amareshwar Sahay, J.1. The appellant was charged under Section 376, I.P.C. for committing rape on Sakunwa Devi on 23rd September, 1993. He was further charged under Section 354 and 323, I.P.C. for outraging the modesty of Chamelwa Devi and also has voluntarily caused hurt to her. However, the trial Court convicted the appellant, under Section 376/511, I.P.C. and sentenced him to undergo R.I. for 10 years. He was further convicted under Sections 354 and 323, I.P.C. and was sentenced to undergo R.I. for 1 year under Section 354, I.P.C. and 6 months under Section 323, I.P.C. All the sentences were ordered to run concurrently.2. The prosecution case, as stated in the Fard Beyan of Chamelwa Devi-P.W.4, is that on 19-9-1993, while she was going to her house, Sumitri Devi (P.W.1) stopped her on the way and informed her that at about 9 a.m., while she (Sumitri Devi) was washing her mouth, she saw Babulal Sao (appellant) committing rape on her daughter Sukawa Kumari, aged about 5 years, and whe...
Ranbir Singh Vs. Control Coal Fields Ltd. and ors.
Court: Jharkhand
Decided on: Jul-07-2003
Reported in: [2003(3)JCR445(Jhr)]
M.Y. Eqbal, J.1. Heard the parties.2. In this writ application the petitioner has prayed for issuance of a writ of certiorari for quashing the letter under Memo No. 1158-59 dated 5.8.1997, whereby the order of dismissal of the petitioner from service has been affirmed by Respondent No. 2, Chairman-cum-Managing Director of the respondent CCL.3. The petitioner who was serving as LDC in the Area Accounts Office of the respondent was charge sheeted vide Memo dated 5.6.1990 on the allegation of committing unnatural offence. A criminal case was also instituted against the petitioner under Section 377, IPC being Kuju P.S. Case 152/90. The petitioner filed a show cause and thereafter the Inquiry Officer proceeded with the inquiry and submitted an ex-parte report. The petitioner submitted a representation with a prayer for constitution of Inquiry Committee for holding a full-fledged inquiry. The representation of the petitioner was forwarded to Respondent No. 3. In the meantime by judgment date...
Anand Mohan Vs. Binoba Bhave University and ors.
Court: Jharkhand
Decided on: Jul-07-2003
Reported in: [2003(3)JCR301(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. When the case was taken up on 7th May, 2003 the following order was passed.'In pursuance of Court's order, Mrs. Sumedha Tripthy, Principal, Bokaro Manila College, Bokaro and Mr. Bimal Pareekh, Secretary, Governing Body of the Bokaro Mahila College, Bokaro are present. They stated to have filed their counter -affidavit.It is informed that the 5th respondents was asked not to perform duty, as back as, on 12th January, 2002 (vide Annexure-A), but he is forcefully taking classes even thereafter.Mr. M.S. Anwar, appearing on behalf of the 5th respondent while accepted that no order of appointment has been issued in favour of 5th respondent, submitted that there are other persons who have been allowed to work by the Principal. It is also alleged that a number of persons have been given order of appointment without following the procedure and against non-sanctioned posts.Heard in part.In the facts and circumstances and in the interest of justice, the following orde...
Employer in Relation to the Management of Central Mine Planning and De ...
Court: Jharkhand
Decided on: Jul-07-2003
Reported in: [2003(3)JCR647(Jhr)]
Tapen Sen J. 1. In this, Writ Application, the petitioner, namely, the Management of Central Mine Planning and Design Institute Ltd. have filed the instant Writ Application challenging the award dated 01.05.1997 (Annexure-14) passed by the respondent No. 2 in Reference Case No. 51 of 1993, whereby and whereunder it has inter alia been held that the action of the petitioner in terminating the services of Naresh Jha and 27 others with effect from 01.07.1992 is not justified and that the concerned workmen are entitled to be reinstated and regularized from that day together with 40% of back wages and other benefits within two months from the date of publication of the award.2. The facts, as pleaded, are that the establishment of the petitioner is neither a 'mine' nor does it own any 'mine' nor does it carry on any mining activities and therefore, the Central Government being not the appropriate Government could not have made the reference. The further case of the petitioner is that its rol...
Gossner Evangelical Lutheran Church Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-07-2003
Reported in: 2004(2)BLJR1438; [2004(3)JCR385(Jhr)]
ORDER1. A Statement under Section 6 of the urban Land (Ceiling and Regulation) Act, 1976 was filed before the Appropriate Authority, by the petitioner before us. According to the statement, the petitioner was a Society registered under the Societies Registration Act. It held an extent of 121.94 acres of urban land. But in view of Section 19(vii) of the Act, the chapter relating to ceiling was not applicable to the lands held by the petitioner society. After a preliminary enquiry by the authorized officer, a draft statement under Section 8(1) of the Act was issued to the petitioner. It was indicated therein that the petitioner held an extent of 4,76,848.66 sqr. meters of land in the town of Ranchi; that an extent of 122690.26 sqr. meters was occupied by buildings and other structures and that the Society held an extent of 3,54, 158.40 sqr. meters as being in excess of the ceiling area prescribed by the Act. The petitioner Society filed objections in terms of Section 8(3) of the Act. The...
Dukhharan Mandal Alias Dukhu Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-07-2003
Reported in: 2003CriLJ4248
Vishnudeo Narayan, J.1. The appellant named above has preferred this appeal against the impugned Judgment and order dated 15-12-1989 passed in Sessions Trial No. 25/11 of 1989 by Shri Jawahar Lal Choudhary, 5th Additional Sessions Judge, Dumka (Santhal Parganas) whereby and whereunder the appellant was found guilty for the offence punishable under Section 376 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for five years.2. The prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of P.W. 1, Bela Rani Nandan, the infomant and the alleged victim of this case recorded by S.I. Rabindra Kumar, O/C Raneshwar P.S., District-Dumka on 12-10-88 at 20.00 hours at Gulamdih More regarding the occurrence which is said to have taken place between 15.00 hours to 15.30 hours in her house situate in Village-Gulamdih, P.S. Raneshwar, District-Dumka. The formal F.I.R. (Ext.5) was drawn on 13-10-1988 at 2.30 hours which was received in the Court empowered to take c...
Manoranjan Trivedi Vs. Mecon Limited and ors.
Court: Jharkhand
Decided on: Jul-07-2003
Reported in: [2004(101)FLR112]; [2004(2)JCR403(Jhr)]; (2004)ILLJ791Jhar
1. The appellant filed CWJC No. 2727 of 1999 (R) in this Court for a direction to the respondents to consider his case for promotion to the post of Deputy General Manager (E-7 grade) with effect from the date the juniors to him were promoted (April 1, 1995) and for granting the consequential benefits. It was further prayed that his case may also be considered for giving promotion to the E-8 grade of General Manager with notional seniority in E~ 7 grade, effective from April 1, 1995.2. The appellant was initially appointed as a Design Engineer (E- 2 grade) under the Central Engineering and Design Bureau (in short 'CEDB') of Hindustan Steel Limited, Ranchi, on November 3, 1972. Subsequently, CEDB was taken over by MECON Limited, the respondent No. 1 with effect from April 1, 1973.3. On February 16, 1978 while working with the respondent No. 1, the appellant was promoted to the post of Senior Design Engineer, (E-3 grade) in blast furnace section. With effect from May 1, 1978, MECON was se...
Malindo Marandi Vs. State of Bihar
Court: Jharkhand
Decided on: Jul-05-2003
Reported in: 2003CriLJ4431
Hari Shankar Prasad, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 29-3-1993 passed in Sessions Trial No. 365 of 1992 whereby and whereunder the learned 3rd Additional Sessions Judge, Dumka held the appellant Malendo Marandi guilty under Section 376 of the Indian Penal Code (IPC) and convicted him and sentenced him to undergo R. I. for seven years.2. The prosecution case in brief is that on 14-10-1991, prosecutrix was going from her Naihar to her husband's village alone and her daughter aged two years was in her lap. It is further alleged that when she reached a little ahead of village Jai Pahari. this appellant appeared and snatched the child from her lap, kept her aside and committed rape on the victim lady and then proceeded towards village Jai Pahari. The prosecutrix after reaching her village narrated the happenings to her husband and thereafter on the next date, a panchayati took place at village Jai Pahari where she identified the ap...
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