Jharkhand Court September 2003 Judgments
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Asgar Alam Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-16-2003
Reported in: II(2004)BC131; [2003(4)JCR573(Jhr)]
M.Y. Eqbal, J.1. The petitioner has prayed for quashing the order dated 16.8.2003 issued by the Vice Chairman, Ranchi Regional Development Authority whereby settlement made in favour of the petitioner for collection of parking and entry fee of the Rock Garden has been cancelled.2. The respondent-Ranchi Regional Development Authority (RRDA) issued a general notice in the newspaper for settlement of various contract jobs including the job of vehicle parking and entry fee contract for Rock Garden. The petitioner's case is that he participated in the open bid and he was declared the highest bidder at Rs. 7,75,000/-. The petitioner deposited 50% of the bid amount i.e. 3,87,000/- and the rest was to be deposited in quarterly installment. It is stated by the petitioner that in terms of the agreement he repeatedly requested the respondents to execute the agreement but the respondent avoided to do the same rather verbally informed the petitioner that he has to deposit a Bank guarantee for the r...
Shree Nath Pal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-16-2003
Reported in: [2003(4)JCR591(Jhr)]
ORDERM.Y. Eqbal, J.1. Petitioner has challenged the Notification No. 6447 dated 11.8.2003 whereby the earlier departmental Notification No. 4540 dated 26.6.2003 in relation to the transfer of the petitioner has been stayed. The said notification has been challenged as being illegal, arbitrary, capricious, malafide and on extraneous consideration.2. Petitioner was posted as Executive Engineer. Rural Engineering Organization, Ranchi. By Notification dated 26.6.2003 petitioner was transferred and posted as Executive Engineer, N.R.E.P. Hazaribaghin place of respondent No. 7, Samendra Kishore Srivastava who was transferred by the said notification from N.R.E.P. Hazaribagh to the post of Technical Advisor to the Superintending Engineer, Dumka.3. Petitioner's case is that pursuant to the order of transfer, he joined at the transferred post at Hazaribagh on 7.7.2003, The Deputy Development Commissioner, Hazaribagh vide his letter dated 16.7.2003 directed respondent No. 7 to hand over charge of...
Ramesh Prasad and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-16-2003
Reported in: [2004(1)JCR29(Jhr)]
Amareshwar Sahay, J.1. These writ petitioners, by filing CWJC No. 3845 of 1993(R) had earlier moved before the Patna High Court, Ranchi Bench praying for a direction to the respondent-State to pay allowances to them admissible to the post of Incharge Headmaster.2. Division Bench of the Patna High Court, Ranchi Bench, after having heard the parties, by order dated 5.1.1994 contained in Annexure-1 to the writ application disposed of the writ petition with the following directions :--'Having regard to the nature of the grievance of the petitioners' we dispose of this writ petition with a direction to the District Education Officer, Gumla (respondent No. 4) to take' appropriate decision in respect of the grievance of the petitioners within three moths from the date of receipt/production of a copy of this order. The District Education, Officer, Gumla, will take approval cf the competent authorities, if such approval period. Needless to say that necessary payments, including the arrears as w...
Rani Parvati Devi Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-16-2003
Reported in: [2004(1)JCR31(Jhr)]
Amareshwar Sahay, J. 1. In the present writ application, the petitioner has prayed for quashing of the order dated 7.6.2003, passed by the Deputy Commissioner, Lohardaga in L.C. Case NO. 18 R15/ 92-93 contained in Annexure-13 to this writ application, by which, in exercise of the powers under Section 45-B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, has passed an order for reopening the Land Ceiling case of the petitioner for hearing the matter afresh by issuing notice to both the parties.2. For the sake of convenience, Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 shall hereinafter be called as Ceiling Act.3. The case of the petitioner is that the lands in question, which were held by Maharaja of Ratugarh, were transferred by him to his wife Maharani Prem Manjari Devi by deed of transfer dated 2.1.1952 and, accordingly, Maharani Prem Manjari Devi came in possession thereof and got her name mut...
Satyawati Khemka and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-16-2003
Reported in: [2004(1)JCR424(Jhr)]
Gurusharan Sharma, J.1. 5405.20 square meters vacant land, bearing R.S. Plot No. 54, situated in Ranchi town said to be belonging to the petitioners was declared surplus, under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter to be referred to as 'the Act').2. According to the petitioners, Satya Narayan Khemka along with his two sons, Laxmi Kant Khemka and Vishnu Kant Khemka, constituted a joint family. From the joint family fund, 1.87 acres land of R.S. Plot No. 54, appertaining to Khata No. 7, situated in village Gari, within Ranchl town was purchased by two registered sale deeds dated 4.10.1994, Annexures 1 and 1/A in the name of Vishnu Kant Khemka.3. Subsequently, in the year 1975, there was an amicable oral partition of the said 1.87 acres land, wherein 1994.75 square meters land was allotted to Satya Narayan Khemka, 1988 square meters to Laxmi Kant Khemka and 1988 square meters to Vishnu Kant Khemka, i.e. total 5970.75 square meters and the rest 1555...
Shahebjan Murmu Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Sep-16-2003
Reported in: [2004(1)JCR701(Jhr)]
ORDERVishnudeo Narayan, J.1. This appeal at the instance of the appellant above named is directed against the impugned judgment and order dated 28.4.1994 and 29.4.1994 respectively passed in Sessions case No. 14 of 1990 by Shri Dinesh Narain Pathak, 6th Additional Sessions Judge, Dumka whereby and whereunder the appellant was found guilty for the offence punishable under Section 412 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years. However, this appellant along with co-accused Jatan Hembram were acquitted for the offence under Sections 394 and 397 of the Indian Penal Code.2. The prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of PW 1 Shashi Giri, the driver of truck bearing Registration No. BPR-9331, recorded by S.I. Jagarnath Mishra of Gopikander PS on 21.1.1988 at 21.00 hours on the bridge of Dumka-Amarapara Road in front of village-Gamaharia regarding the occurrence which is said to have taken place thereon...
Deo Chandra Choudhary Vs. United Bank of India and ors.
Court: Jharkhand
Decided on: Sep-15-2003
Reported in: [2003(4)JCR32(Jhr)]
R.K. Merathia, J.1. In this writ petition the main question involved is whether the petitioner was entitled to receive the subsistence allowance to be calculated after including his increments which fell due during the pendency of the departmental proceeding?2. It appears that a departmental proceeding was initiated against the petitioner and he was put under suspension on 22.5.1990 (Annexure-1). During suspension, he filed a writ petition being CWJC No. 2921 of 1994 (R) challenging the letter dated 30.8.1994 (Annexure-2). By this letter his subsistence allowance was reducedon the ground that as per the Bipartite Settlement the petitioner was entitled to the full pay and allowances as on the date of suspension; as the departmental enquiry continued beyond one year, but inadvertently excess amount has been paid, which should be recovered by making deductions from the subsistence allowance.The petitioner's contention was that the subsistence allowance was correctly calculated and paid in...
Dr. Krishna Kumar and ors. Vs. Union of India (Uoi) Though Secretary a ...
Court: Jharkhand
Decided on: Sep-15-2003
Reported in: [2003(4)JCR729(Jhr)]
Tapen Sen, J. 1. The petitioners, in the instant case, have prayed for an appropriate direction upon the respondent No. 3 (Heavy Engineering Corporation, Ranchi) to implement and pay to them the revised pay scale inclusive of clearness allowance, non-practicing allowance and other benefits; in respect of Medical Officers following the Central Dearness Allowance pattern with effect from 1.1.1996 as per the recommendation of the 5th Pay Revision Commission. The petitioners have also made a prayer to give interim reliefs admissible to them i.e., the Medical Officers of the Heavy Engineering Corporation (hereinafter referred to as 'the Corporation') with effect from 16.9.1993, 1.4.1995 and 1.4.1996. They also seek for issuance of a writ of mandamus so that the respondents pay them the arrears of dearness allowances for the period 1.7.1997 to 31.12.1998.2. The petitioners are all doctors of the Corporation who are appointed prior to 1.1.1989 and some of them, as has been pleaded in para 5, ...
Tata Iron and Steel Company Ltd. Vs. Suresh Narayan Singh and anr.
Court: Jharkhand
Decided on: Sep-15-2003
Reported in: [2004(1)JCR80(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. K.B. Sinha, learned senior counsel for the petitioner and Mr. K.M. Verma, learned counsel for the respondent No. I,2. The petitioner-management of Tata Iron & Steel Company Limited has challenged the order dated 11.1.1994 passed by Presiding Officer, respondent No. 2, in M.J. Case No. 3/90 whereby he has rejected the application filed by the petitioner on 8.8.1990 and proceeded with the complaint case and gave an award holding that the discharge order, dated 17.11.1989 has been passed against the provisions of Industrial Disputes Act.3. The respondent is the concerned employee, namely, Suresh Narayari Singh (hereinafter referred to as respondent No. 1). He was appointed as Operator Grade III. In July 1986 he was placed in the personal grade' of NP-6. When the mistake was detected, he was put back to his substantive grade. A dispute was raised which was referred to the Labour Court for adjudication in Reference Case No. 21/89. While reference was pending ...
Sachindra Kumar and ors. and Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Sep-15-2003
Reported in: [2003(4)JCR594(Jhr)]
M.Y. Eqbal, J. 1. Heard Mr. Dilip Jerath, learned counsel for the petitioners, r. M.M. Banerjee for the respondents and the learned counsel appearing on behalf of the intervenors.2. Both the writ petitions have been heard together for the sake of convenience and are being disposed of by this common judgment.3. CWJC No. 863/95(R) has been filed by the petitioners seeking a direction upon the respondents to consider their cases for appointment against the resultant vacancies caused due to removal of respondents Nos. 4 to 8 in the Judgeship of Godda.4. Petitioner's case is that in 1990 some class III posts were advertised and pursuant to that advertisement the petitioners, intervenors and others applied and they were subjected to written test and interview. Thereafter a select list was prepared by the Selection Committee which was approved by the High Court.5. As per the direction of the High Court, Patna the select list was published. In the meantime, the District Judge, Godda sought cla...
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