Jharkhand Court September 2003 Judgments
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Ramjeet Mahto and ors. Vs. Baban Mahto and ors.
Court: Jharkhand
Decided on: Sep-09-2003
Reported in: [2003(4)JCR268(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the plaintiffs-appellant has been directed against the impugned judgment and decree dated 9.2.1990 and 21.2.1990 respectively passed by Shri Philip Topno, 1st Additional District Judge, Daltonganj at Palamau in Title Appeal No. 16 of 1984 whereby and whereunder the appeal filed by Rupdhari Mahto (since dead), the original defendant-respondent was allowed and judgment and decree dated 8.2.1984 and 20.2.1984 respectively passed by the Additional Munsif, Daltonganj at Palamau in Title No. 19 of 1981 was set aside.2. The plaintiff-appellant had filed the said title suit for declaration of their right title and interest in respect of the suit land by virtue of the registered deed of gift dated 11.4.1972 (Ext. 2) executed by original defendant-respondent Rupdhari Mahto in their favour and for confirmation of their possession in respect thereof and in the alternative for recovery of possession.3. The case of the plaintiffs-appellant is th...
Dr. Bikrama Prasad Vs. Coal India Ltd. and ors.
Court: Jharkhand
Decided on: Sep-09-2003
Reported in: [2003(4)JCR274(Jhr)]
Tapen Sen, J.1. In this writ application, the petitioner, has prayed for quashing the order dated 26.10.1994 (Annexure 7) passed; by respondent No. 2 whereby and whereunder he came to the conclusion that the petitioner was guilty of the charges levelled against him and, therefore, in exercise of Rule 27.1 (ii) (d) of the Conduct, Discipline and Appeal Rules, 1978 (hereinafter referred to as 'the Rules') inflicted punishment of dismissal from service with immediate effect. The petitioner has also challenged and prayed for quashing the appellate order passed by the Board of Directors, Coal India Limited (respondent No. 6) and communicated by the Deputy Chief Personnel Manager (EE), Bharat Coking Coal Limited (respondent No. 7) vide his confidential letter dated 7.10.1997 informing him that the Board had not found any merit in his appeal and had accordingly rejected the same.2. According to the petitioner, while he was posted as a Medical Officer, his duty was such that he had to check th...
Md. KalimuddIn and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-09-2003
Reported in: [2003(4)JCR279(Jhr)]
M.Y. Eqbal, J.1. In this writ application the petitioners have prayed for quashing the order dated 12.8.2002 passed by the Secretary, Health and Family Welfare, Government of Jharkhand, whereby appointment of the petitioners have been held to be illegal and also for quashing the order dated 20.12.2002 whereby petitioners have been relieved from their service.2. Petitioners' case is that in the year 1982 certain vacancies arose for the post of Unani Compounder (Indigenous corn-pounder) in the department of health and Family Welfare and requisition was sent to the employment exchange office for forwarding the name of eligible candidates and accordingly names of petitioner No. 1 and other eligible candidates where forwarded to the concerned department. Petitioner No. 1 thereafter appeared in interview and on being declared successful he was given appointment with effect from 22.9.1982. Copy of the office order dated 22.9.1982 is annexed as Annexure-4 to the writ application.3. It is conte...
L.B.R. Industries, Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-09-2003
Reported in: [2003(4)JCR212(Jhr)]
M.Y. Eqbal, J. 1. In his batch of writ, petitions the petitioners have prayed for the following reliefs.(a) For quashing the letter No. 243 dated 28.10.2000 as contained in Annexure 6 to the writ petition, issued by the Secretary Government of erstwhile State of Bihar to the Principle Chief Conservator of Forest, Bihar, Ranchi whereby he has directed that all saw mills, veneer mills, plywood mills and other timber based industries should not be allowed to function within 5 km from the notified forest area and the licensee saw mills should be directed to move 5 km away from the Notified forest area.(b) For quashing letter No. 745, dated 7.3.01 as contained in Annexure 7 to the writ petition, issued by the Divisional Forest Officer, Ranchi to the petitioner mentioning that the saw mill of the petitioner is to be closed because it is situated within 5 km. of the notified forest area and directing the petitioner to stop receipt of forest produce in its saw mill.(c) For quashing letter No. ...
Smt. EdlIn Pratima Ekka Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-09-2003
Reported in: [2003(4)JCR18(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner who is the widow of late Chandrakant Khalkho, has prayed for issuance of an appropriate direction upon the respondents for reimbursement of the medical expenses incurred in the treatment of her late husband.2. Petitioner's husband was in the service of the State of Bihar and was posted as Medical Officer, in-charge, Cholera Hospital, Ranch/. In 1996 all of a sudden he fell ill and was treated by a doctor of Rajendra Medical College & Hospital, Ranchi. After treatment it was found that the petitioner's husband was suffering from renal problem and immediately required dialysis. Dr. S.S. Prasad who was the professor and head of the department of medicine, advised for immediate renal transplantation and pending renal transplantation he will have to undergo dialysis. On the, basis of the said certificate an application was filed on behalf of the husband of the petitioner before he Additional-cum-Special Secretary, Health Services, Govt. of Bihar for sanc...
Chatradhar Mahto and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-09-2003
Reported in: [2003(4)JCR420(Jhr)]
Tapen Sen, J. 1. The description of the respondents given in this judgment have been taken in exactly the same manner in which they have been described in the Cause Titles of the respective cases. 2. WP (S) Nos. 2459 of 2001, 2808 of 2001, 2973 of 2001, 3016 of 2001 and 4453 of 2001 pertain to the teachers whereas WP (C) Nos. 4392 and 4645 of 2001 relate to the parents/guardians. 3. Save and except WP (C) Nos. 4392 and 4645 of 2001, petitioners of the remaining five cases and who are all teacher-petitioners have prayed for quashing the orders dated 30.5.2001 (which has been brought on record through different annexures such a Annexures 11, 10 series, 7 series, 17 and 17/A and Annexure 3 respectively) passed by the Chairman, ICC Managed Schools. Mosabani Mines Middle School, Mosabani, whereby and whereunder the teachers have been informed that certain posts were found to be redundant and keeping in view the present financial conditions, it had been decided to abolish the posts held by t...
Lerha Oraon Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-09-2003
Reported in: [2003(4)JCR240(Jhr)]
Tapen Sen, J.1. The petitioner, in the instant case, has prayed for quashing the order dated 30.12.1997 (Annexure 2) passed by the respondent No. 2 in Ranchi Revenue Revision No. 132 of 1995 allowing the revision thereby setting aside the order dated 24.4.1995 (Annexure 1) which was passed by the Additional Collector, Ranchi in S.A.R. Appeal No. 4-R 14/89-90, whereby and whereunder he had allowed the appeal there by setting aside the order dated 4.8.1988 passed by the Special Officer, Scheduled Area Regulations, Ranchi in S.A.R. Case No. 259 of 1982-83 rejecting the application of the petitioner for restoration of the lands.2. The lands in question relate to R.S. Plot No. 3721, Khata No. 227, Village :Argora, P.S. : Argora, District : Ranchi, measuring 1.17 acres (hereinafter referred to for the sake of brevity as the said land).3. The short facts which are necessary to be taken note of are that the petitioner, a member of the Scheduled Tribe, claims that his grand father, Sanicharwa O...
Subodh Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-09-2003
Reported in: AIR2004Jhar42; [2003(4)JCR245(Jhr)]
S.J. Mukhopadhaya, J.1.The petitioner has challenged the proceeding of State Transport Authority, Jharkhand, Ranchi (for short Transport Authority) dated 28th June, 2003 published on 17th July, 2003 so far it relates to Chaibasa to Bokaro-via Tata-Purulia route, whereby and whereunder the Transport Authority decided to take up all the applications even those which were not in accordance with the notice and decided to grant inter-State stage carriage permit for the route in question in favour of 3rd respondent, Pawan Kumar Kejriwal.2. The brief fact of the case of the petitioner is that the Transport Authority, Jharkhand, Ranchi published a notice in the newspaper 'Hindustan' on 25th January, 2003 calling for applications for inter-State stage carriage permit for 25 routes including route in question. Apart from fees for application and separate fees for permanent stage carriage permit, the applicants were asked to submit certain documents along with the applications, such as :(1) Docum...
Surendra Prasad Singh Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-09-2003
Reported in: [2003(4)JCR433(Jhr)]
Tapen Sen, J.1. In this Writ Application, the petitioner has prayed for quashing of the order dated 12.3.1998 issued by the respondent No. 3 whereby and whereunder his demand for taking over the School in question has been rejected and it has been ordered that if they apply for recognition of the School as a proprietory School, the same may be considered. The petitioner has further prayed for a direction upon the respondents for reconsidering the matter as, according to him, the school has fulfilled all conditions as far back as in the year 1991. They have further prayed for passing a final order in relation to the taking over of the School retrospectively as an exceptional case. 2. The petitioner is Secretary of the Siksha Niketan High School, Railway Colony, Hatia, Ranchi. He applied for the establishment of the School and by order dated 20.1.1982, the Director, Secondary Education granted permission under Section 3 (3) of the Bihar Non-Government Secondary Schools (Taking Over) Act,...
Shyam Sunder Chaudhary Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-09-2003
Reported in: [2003(4)JCR438(Jhr)]
Tapen Sen, J.1. In this writ application, the petitioner has prayed for quashing the order dated 14.9.1996 (Annexure 1) issued by respondent No. 2, whereby and whereunder, he was informed that in view of the reports received against him in relation to irregularities, it had been decided to initiate departmental proceedings and, accordingly, he was being put under suspension under the provisions of Rule 49-A (1) of the Civil Services (Classification, Control and Appeal) Rules, 1930 (hereinafter referred to as 'the Rules'). The petitioner has further prayed for quashing the departmental proceedings which was initiated pursuant to the resolution dated 30.10.1996 (Annexure 2) issued by respondent No. 3. The petitioner has also prayed for quashing the charge sheet dated 21.1.1997 as contained in Annexure 3 to the writ application. The petitioner has also prayed for quashing the second show cause notice dated 1.6.1998 as contained in Annexure 4 which was issued by respondent No. 3. The addit...
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