Jharkhand Court August 2003 Judgments
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Chandrama Singh Vs. State Bank of India and ors.
Court: Jharkhand
Decided on: Aug-14-2003
Reported in: [2003(3)JCR801(Jhr)]
M.Y. Eqbal, J.1. In this writ application the petitioner has challenged the Order of his dismissal from service passed by the Disciplinary Authority vide, order dated 26.9.1994 and also the order dated 9.5.1995 passed in departmental appeal affirming the order of dismissal passed by the Disciplinary Authority, 2. Petitioner was in service of the respondent-State Bank of India as record-Keeper in Zonal Officer, Ranchi. By order dated 25.6.1991 he was put under suspension in anticipation of a departmental proceeding. Thereafter, petitioner was served with a charge sheet vide order dated 18.1.1992. The charges leveled against the petitioner are as under :-- 'Charge No. 1.--'That while you were working at Zonal Office, Ranchi, on 10th May, 1991 at around 2.45 p.m. you entered into the Chamber of the Administrative Secretary to the Dy. General Manager, S.B.I. Zonal Office, Ranchi in absolute drunken condition and thereafter you slumped into the vacant chair of Shri P.K. Bose, Steno-Typist w...
Nand Kumar Singh and ors., Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-14-2003
Reported in: [2003(4)JCR230(Jhr)]
M.Y. Eqbal, J.1. The petitioners are the non-teaching staff of Mandar College, Mandar having been appointed in Class IV post in the year 1984-85. At that time Mandar College was an affiliated college and it became constituent in 1986. The petitioner services was terminated by the University in 1992. However in pursuance of the direction of the Patna High Court in CWJC No. 4021/95 the respondent Ranchi University took a decision to reinstate and regularize the services of the petitioner along with other non-teaching employees of the college vide notification dated 6.10,1998. The petitioners case is that after reinstatement they joined the service in the Mandar College and have been working there but salary is not being paid to them. Admittedly by matter regarding regularization and absorption of the employees of the newly converted colleges of the Ranchi University is pending before the Supreme Court and the Supreme Court constituted one man committee of Hon'ble Mr. Justice S.J. Agarwal...
Banshidhar Mishra and ors. Vs. Central Coal Fields Ltd. and ors.
Court: Jharkhand
Decided on: Aug-14-2003
Reported in: [2003(4)JCR679(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. P.K. Prasad, learned counsel for the petitioners and Mrs. Sheela Prasad learned counsel for the respondents.2. The petitioners are aggrieved by Order dated 17.1.2002 (Annexure-6) by which the petitioners have been informed that their claim for compensation for acquisition of 24,27 Acres of land cannot be allowed, because it was found that the Central Coalfields Limited would not require the lands in future.3. The admitted case of the parties is that by a Notification dated 31.3.1983 issued under the provisions of the Coal Bearing Areas (Acquisition and Development) Act, 1957. The aforementioned lands of the petitioners mentioned in the impugned communication dated 17.1.2002 (Annexure-6) was acquired by the Government. According to the petitioner, these lands were their Raiyati lands and since the acquisition was made under the provisions of Coal Bearing Areas (Acquisition of Development) Act, 1957 as is apparent from the Notification itself contained in A...
Neel Kamal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-14-2003
Reported in: [2003(4)JCR674(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Lalit Kumar Lal, learned counsel for the petitioner and Mr. A.K. Mehta, JC to SC-II for the Sate respondents.2. The petitioner prays for quashing of the order dated 20.9.2001 passed by the Circle Officer (Annexure-3/I) in Mutation Case No. 34-R-27/2001-02 rejecting the prayer of the petitioner for Mutation. The petitioner also prays for quashing of the Order dated 16.7.2002 passed by the Deputy Collector, Land Reforms Ranchi in Mutation Appeal No. 29-R-15/01-02 (Annexure-4) whereby and whereunder the appeal filed by the petitioner was also dismissed. The petitioner also prays for issuance of a writ of mandamus commanding the Circle Officer to mutate the name of the petitioner and his brother in place of their deceased mother.3. The facts of this case are that Smt. Kishori Devi Srivastava purchased the land in question on 30.4.1952 by a Registered Deed of sale from one Bandhan Oraon and Budhu Oraon after they had obtained permission from the competent auth...
Chhabi Dushadh and anr. Vs. Bhuneshwar Pandey and
Court: Jharkhand
Decided on: Aug-13-2003
Reported in: AIR2004Jhar92; [2003(4)JCR156(Jhr)]
Vishnudeo Narayan, J.1. Both the appeals arise out of a common judgment and, therefore, they are being disposed of by this judgment.2. These appeals at the instance of the defendants appellant are directed against the judgment and decree dated 27.7.1988 and 8.8.1988 respectively passed in Title Appeal No. 44 of 1976 and 45 of 1976 by Shri Bhikari Ram, 1st Additional District and Sessions Judge, Palamau whereby and whereunder both the appeals were allowed and the judgment and decree dated 18.9.1976 and 6.11.1976 passed in T.S. No. 79/41 of 1973/76 and 80/46 of 1973/76 by the 2nd Additional Sub Judge, Palamau at Dalton-ganj were reversed.3. The plaintiff respondents had filed the aforementioned suits for declaration that the suit plots appertaining to Khata No. 14 situate in village Haradag Khurd, P.S. Nagar Utari, District Palamau fully detailed in the Schedule of the plaint of both the title suits is the occupancy raiyati land of the plaintiff respondents.4. The case of the plaintiff r...
Dr. K.N. Sharma Vs. Accountant General (a and E) Bihar and ors.
Court: Jharkhand
Decided on: Aug-13-2003
Reported in: [2003(4)JCR21(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties.2. The petitioner retired from MGM College, Jamshedpur in the year, 1995. When his retiral benefits were not paid, CWJC No. 3294/97 was filed. The writ application was disposed of on 20.1.1998 directing the respondents to sanction the retiral benefits including the pension of the petitioner by counting his past, services before taking over of the college in question by the State Government within two months along with statutory interest. When the said judgment was not complied with the petitioner filed the instant MJC No. 460/98,3. Since 1998 till 2003 even during the pendency of this contempt proceeding the amount could not be paid to the petitioner. This Court, therefore, on 2.1.2003 passed the following order :'Heard the counsel for the petitioner and the counsel for the Accountant General, Bihar. No one appears on behalf of the State. 2. The instant contempt proceeding arises out of an order dated 20.1.1998 passed in CWJC No. 3294/97R whereby...
Mangi Devi Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Aug-13-2003
Reported in: [2003(4)JCR419(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties. 2. Petitioner who is widow of thedeceased-employee has move this Courtchallenging the order dated 15,6.2001 issued by respondent No. 4, Project Officer,Gobindpur Colliery of BCCL refusing to giveappointment to the petitioner under National Coal Wages Agreement on the groundthat such application was filed at a belatedstage. 3. From perusal of Annexure-2 to the writ application, it appears that the petitioner's husband died on 8.5.1994 leaving behind his old father and the petitioner as widow. Respondents vide memo No. 2867, dated 2.12.1994 giving reference of the request of the petitioner to give employment and to pay gratuity and provident fund, asked the petitioner to submit certificates of the mukhiya and to fill up forms for the purpose of getting death-cum-retirement benefits and employment. Petitioner could not fulfill the Form because of objection raised by her father-in-law. However, father-in-law of the petitioner ultimately agreed not t...
Triguna Nand Pathak Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-13-2003
Reported in: [2003(4)JCR693(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. This application has been preferred by petitioner against Clause 5 of memo No. 693 dated 14th March, 2000, whereby and whereunder, the District Superintendent of Education, Jamshedpur, East Singhbhum withheld the salary of petitioner for the period from 5th March, 1998 to 20th May, 1999.2. The petitioner has taken plea that he has worked during the period from 5th March, 1998 to 20th May, 1999. On the other hand, the District Superintendent of Education, Jamshedpur has taken stand that there was no trace of petitioner being on duty.3. To find out the claim and counter claim it is better to refer the order contained in memo No. 693 dated 14th March, 2000, English version of the order reads as follows :--'Though, Shri Triguna Nand Pathak, Assistant Teacher was relieved on 16th October, 1997 vide memo 4387 dated 6h October, 1997 from Primary School, Nimtola, Jamshedpur-2 for Middle School, Potka-1, after adjusting him against a vacant post of metric trained s...
Ajit Enterprises Vs. Bihar State Financial Corporation and ors.
Court: Jharkhand
Decided on: Aug-13-2003
Reported in: II(2004)BC280; [2004(1)JCR283(Jhr)]
M.Y. Eqbal, J. 1. In this writ application the petitioner has prayed for quashing the letters dated 29.1.2002 and 19.6.2002 communicated to the petitioner vide, letter dated 7.10.2002 whereby the petitioner was intimated that he is liable to repay the loan amount with interest at the rate of 18% from 3.2.1992 and further for declaration that the respondent-Corporation is not entitled to demand interest at the rate of 18%.2. It appears that in 1991 the petitioner was sanctioned loan of Rs. 2,60,000/- and in 1992 further amount of Rs. 36,000/-was disbursed by the corporation and an agreement to that effect was executed. According to the petitioner in 1995 the Corporation sent notice dated 9.8.1995 informing the petitioner that the loan was sanctioned on the condition of repayment with interest at the rate of 13.5% during the period of implementation and 14.5% after implementation together with 2% penal interest in case of default in repayment of loan. The petitioner approached the concer...
Basudeo Mahto Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-13-2003
Reported in: [2004(2)JCR343(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred for issuance of appropriate writ(s)/order(s)/direction(s), particularly writ in the nature of mandamus commanding upon the respondents to stay the departmental proceeding pursuant to the charge-sheet dated 6th June, 2003 (Annexure-2) till conclusion of the criminal proceeding in which the petitioner is an accused.2. Further prayer has been made to set aside the second charge-sheet dated 5th July, 2003 (Annexure-4) and the third charge-sheet dated 15th July, 2003 (Annexure-6), as according to petitioner, they are same and similar as that of the first charge-sheet dated 6th June, 2003.3. Counsel for the petitioner submitted that the charges contained in Memo No. 207, dated 6th June, 2003 are similar to the charges contained in Memo No. 237, dated 5th July, 2003 and the charges contained in Memo No. 250/c, dated 15th July, 2003 but such submission cannot be accepted. If all the documents are read together, then it will be ...
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