Jharkhand Court September 2003 Judgments
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Janardan Prasad Nag Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-03-2003
Reported in: [2003(4)JCR180(Jhr)]
S.J. Mukhopadhaya, J.1. The Public Interest Litigation was referred by the petitioner for issuance of an appropriate writ(s)/order(s)/direction(s), in the nature of mandamus, as the case may be, against the respondents who are making constructions in the area know as Shiv Mandir/ Mahabir Mandir situated within the campus of Jharkhand High Court.2. According to the petitioner, the Shiv Mandir/Mahabir Mandir, in question, now situated within the campus of Jharkhand High Court for more than fifty years and the people of the locality male/ female come to worship the deities placed inside the Mandir premises.3. The grievance of the petitioner is that respondents have started illegal construction in the Mandir area of about 123' x 70 ', disturbing the day-to-day worship by the local people who used to perform; Mahashivratri; Holi Festival; Ram Navmi; Krishna Janmastami; Shrawan Purnima; Akhand Kirtan; Dashhara etc. It is also alleged that the Gate of the Mandir in the southern portion has be...
Siddhu Kanhu University Etc. Vs. Dr. Arjun Prasad Sinha and ors.
Court: Jharkhand
Decided on: Sep-03-2003
Reported in: [2003(4)JCR1(Jhr)]
P.K. Balasubramanyan, C.J.1. Letters Patent Appeal No. 336 of 2003 is filed by the Siddhu Kanhu University, Dumka, respondent No. 2 in WP (S) No. 6084 of 2002 [reported in 2003 (2) JCR 651 (Jhr)j. Letters Patent Appeal No. 377 of 2003 is filed by the State of Jharkhand, respondent No. 4 in WP (S) No. 6084 of 2002. These appeals are directed against the decision of a learned Single Judge dated 22.4.2003 in that writ petition.2. The Siddhu Kanhu University (hereinafter referred to as the University) was governed by the Bihar State Universities Act, 1976. Appointments of teachers and others in the University were governed by that Act and were made in consultation with the Bihar State University (Constituent Colleges) Service Commission, herein after referred to as the Commission, established under the Bihar State University (Constituent Colleges) Service Commission Act, 1987, herein after referred to as 'the Service Commission Act'. On 29.6.1999, the University requested the Service Commi...
Neelanchal Griha Nirman Swabalambi Sahakari Samity Limited Vs. State o ...
Court: Jharkhand
Decided on: Sep-03-2003
Reported in: [2004(3)JCR341(Jhr)]
ORDER1. Heard counsel on all sides. 2. The prayer in WP (PIL) No. 1888/03 is for the issue of a writ of mandamus directing the Tate Iron and Steel Company (TISCO) to complete the dumping of slag by the side of the rivers, Subaranrekha and Kharkai, from Mango to Shastrinagar, including a stretch of 0.8 KMs lying adjacent to the building complex of the petitioner.3. The prayer in WP (PIL) No. 2886/03 filed by the Administrator of a Cooperative Society of a residential complex, in Jamshedpur is for the issue of a writ of mandamus to the State Pollution Control Board to grant permission to TISCO for dumping of slag on the banks of river Kharkai so that the dumping work already started by TISCO could be completed.4. These writ petitions are opposed by TISCO by contending that these are not Public Interest Litigations, but Private Interest Litigations, at the instance of the builders, who want their work to be got done by TISCO at its expense. Alternatively, it is submitted that an order has...
Employers in Relation to the Management of Bhuli Township Administrati ...
Court: Jharkhand
Decided on: Sep-02-2003
Reported in: 2003(3)BLJR2058; [2003(4)JCR34(Jhr)]; (2004)ILLJ554Jhar
R.K. Merathia, J.1. As both the appeals arise out of a common judgment passed in CWJC No. 761 of 1996 (R), they were heard together and are being disposed of by this common judgment.2. On the basis of the following reference, the award in question was passed on 19th December, 1995 in Reference Case No. 141/92 (old)/89/95 (new)'Whether Sh. Chandradeo Prasad Mandal and 65 other persons employed in Bhuli Township for repairing and maintenance of hand pump through a contractor are to be treated as employees of M/s. BCCL and whether the demand that these persons be regularized in the services of the said management is justified? If so, to what relief are these persons entitled?'3. The case of the contractors' labourers, inter alia, was that Shri Chandradeo Prasad Deo and 65 other workmen, as per the list, were working as Mistry, Plumber, Helper and Fitter for maintaining hand pumps and the water line for supply for water in the quarters of Bhuli township; the job was permanent in nature and...
Shivam Planners and Constructions Pvt. Ltd. Vs. State of Jharkhand and ...
Court: Jharkhand
Decided on: Sep-02-2003
Reported in: III(2004)BC138; [2004(1)JCR74(Jhr)]
ORDER1. Heard counsel on both sides.2. The petitioner in W.P. (C) No, 2899 of 2003 is the appellant. Pursuant to a notice dated 25.2.2003. inviting tenders, the petitioner-appellant submitted his tender. It is seen that the appellant was the sole tenderer. This became clear when the technical bid submitted by the appellant was opened on 13.3.2003. Thereafter, according to the appellant, his financial bid was also opened on 21.5.2003. Meanwhile, the Chief Engineer took a decision to cancel the particular notice inviting tenders on the ground that there was only a solitary bidder and there was no adequate competition. Thus a fresh notice Inviting tenders was published. At this stage the appellant filed the writ petition challenging the action of the respondents and claiming that its bid should have been accepted and the contract should have been awarded to it. On behalf of the State, it was submitted that as per the Bihar Finance Rules and as per the circular issued by the Government, wh...
Niranjan Mandal Vs. Steel Authority of India and ors.
Court: Jharkhand
Decided on: Sep-02-2003
Reported in: [2003(4)JCR450(Jhr)]
M.Y. Eqbal, J. 1. The petitioner is working as store-keeper in the Store-department of the respondents-Bokaro Steel Plant. In the year, 1985 a theft was committed by some unknown persons in the godown of which the petitioner was in-charge. As such, the petitioner lodged a written report to the officer-in-charge, Crime Section, Central Industrial Security Force (CISF) which was forwarded to Bokaro Steel City Police Station for institution a case and for investigation. On receipt of such information FIR was lodged and a case being Bokaro B.S. City PS Case No. 198/85 under Sections 461/379 of the Indian Penal Code was registered. The police during investigation arrested the petitioner and two other employees of the company-respondent and submitted charge-sheet. Accordingly the petitioner along with two other employee was tried in the Court of Judicial Magistrate, 1st class, Bokaro. The Court pronounced judgment on 18.6.1987 whereby the petitioner was acquitted of the charge holding that t...
Shiv Shambhu Hard Coke Through Its Owners, Namely Shri Shambhu Nath Ag ...
Court: Jharkhand
Decided on: Sep-02-2003
Reported in: [2003(4)JCR385(Jhr)]
ORDERLakshman Uraon, J. 1. This is an application under Section 482, Cr PC to quash the entire criminal proceeding initiated against these petitioners in Jharia (Tisra) PS Case No. 321 of 2002 under Sections 467, 468, 471, 49, 420 and 120B of the Indian Penal Code pending in the Court of learned CJM, Dhanbad.2. The prosecution ease is based on the written information given by SI Jitendra Kr. Singh, OP Incharge, Dhanuadih PS. Tisra. District Dhanbad alleging that on 7.10.2002, on secret information regarding loading of steam coal in connivance of the management of Ghanodih colliery, DO holders and owners of the Bhatta and transports loaded steam coal on truck No. BER-7536 against the sale order/DO from the new loading point, Ghanodih colliery.3. Learned counsel for the petitioners has submitted that the accused are innocent and have falsely been implicated in this case. The vehicle is a commercial truck equipped with all valid papers issued by BCCL in favour of M/s. Shiv Shambhu Hard Co...
Hrishikesh Pradhan Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-01-2003
Reported in: [2003(4)JCR250(Jhr)]
Tapen Sen, J.1. Heard Mrs. M.M. Pal, learned counsel for the petitioner and Mr. Naveen Kumar, JC to SC I.2. The petitioner was an aspirant for promotion to the post of Head Master in the year 1990 itself. The respondents instead of promoting him, passed an order on 20.4.1990 promoting others to that post (i.e. to the post of Head Master) but left out the petitioner and one Guru Prasad Mahato. Guru Prasad Mahato filed a Writ Application and it appears that on the basis of the order passed therein, an order was passed on 12.7.1992 by Annexure 3 whereby and whereunder he was adjusted on the vacant post of a Head Master and was also given appropriate scale attached thereto. The petitioner, drawing the example of said Guru Prasad Mahato and also taking the plea, of discrimination to the effect that others who were junior to him had been given promotion, filed a representation on 15.12.1992 by Annexure 4 but even then, his pleas did not find favour thereby compelling him to move the then Ran...
Vikromatic Steel Pvt. Ltd. Vs. Jharkhand State Electricity Board and o ...
Court: Jharkhand
Decided on: Sep-01-2003
Reported in: 2003(3)BLJR2011; [2003(4)JCR247(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. Rajendra Prasad learned counsel for the petitioner and Mr. V.P. Singh, learned counsel for the Jharkhand State Electricity Board,2. Before admitting of this writ petition, a Bench of this Court by order dated 30,4.2003 while hearing the matter at the admission stage formulated two questions which arose consideration :(i) Whether the State Electricity Board has jurisdiction to give retrospective effect to a tariff notification or not as given vide Notification gazetted on 6th April, 2000 (Annexure 10); and (ii) Whether any clause of an agreement (Clause 13 of H.T. agreement herein) stands automatically deleted in pursuance of Board's decision or letter No. 150 dated 3rd April, 2000 or not in absence of a fresh agreement between the parties to delete such clause of the agreement.' 3. Petitioner is aggrieved by the order dated 12.2.2002 passed by the General Manager-cum-Chief Engineer rejecting the claim of the petitioner made under Clause 13 of the H.T. Agreem...
The Management of Bokaro Steel Plant Vs. V.S. Tiwary and anr.
Court: Jharkhand
Decided on: Sep-01-2003
Reported in: [2003(4)JCR463(Jhr)]
M.Y. Eqbal, J. 1. This writ petition at the instance of the petitioner-management has been filed for quashing the award dated 12th November 2002 passed in reference case. 8/93 whereby the Presiding Officer, Labour Court, Bokaro Steel City answered the reference in favour of the workmen and held that he is entitled to be regularized in the services of Bokaro Steel Plant and further entitled to promotional benefit at part with other workmen of the Bokaro Steel Plant of the same status.2. The State of Bihar, Department of Labour, Employment and Training by notification dated 1.3.1993 referred the following dispute to the Labour Court for adjudication :'Whether Sri Vidya Sagar Tiwary daily wages, Library Assistant, Bokaro Steel Plant is an employee of Steel Plant? If Yes, the services of Sri Tiwary should be reinstated. If Yes, from what date?' 3. The admitted facts of the case of are that the concerned employee Sri V.S. Tiwary got employment as Library Assistant in the year 1981 and conti...
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