Jharkhand Court December 2004 Judgments
Pramod Kumar Tirkey and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-24-2004
Reported in: 2005(1)BLJR650; [2005(1)JCR170(Jhr)]
ORDER1. This writ petition was initially preferred by three petitioners for issuance of a writ in the nature of certiorari, quashing the result of Preliminary Test, published by the Jharkhand State Public Service Commission (in short 'JPSC') for appointment to Jharkhand Administrative Services and other allied services.2. The main plea taken was that the entire process of tabulation, including publication of result of Preliminary Test by JPSC, were vitiated, the reservation and other guidelines not having been followed and the merit list having been prepared in violation of Article 14 of the Constitution of India.3. On 21st of May, 2004 when the case was taken up, all the three petitioners were present in Court. Mr. Rajiv Ranjan, counsel for the petitioners, took main plea that though the petitioner did fairly well in their optional papers and General Studies, the JPSC has not added the marks in their respective tabulation chart. Such bald statements having been made, this Court asked ...
Tag this Judgment!Kauleshwar Sharma Vs. Tata Engineering and Locomotive Company Ltd.
Court: Jharkhand
Decided on: Dec-24-2004
Reported in: [2005(1)JCR332(Jhr)]
ORDER1. This appeal has been preferred by the appellant against the order dated 3.7.2003 passed by the learned Single Judge in C.W.J.C. No. 268/2001 whereby the appellant's writ application has been dismissed and thereby the award under challenge in the said writ application rendered in Reference Case No. 12/1987 and M.J. Case No. 1/88 has been affirmed and upheld.2. The facts giving rise to this appeal is that the appellant was employed as a Progress Supervisor in the respondent Company- M/s. TELCO. He was served with a charge-sheet dated 19.11.1974 arising out of the alleged theft of two numbers of H.R.C. Fuse and 61 numbers of Welding Rods amounting to Rs. 830. The appellant denied the charges and claimed that he has been falsely implicated. There was a domestic enquiry and on the basis of the enquiry report the appellant's services were terminated on 15.11.1974. The same was disputed by the appellant and he demanded his reinstatement on 30.5.1975, which was forwarded to the Assista...
Tag this Judgment!State of Jharkhand Vs. R.K. Construction Pvt. Ltd. and anr.
Court: Jharkhand
Decided on: Dec-24-2004
Reported in: 2005(2)ARBLR48(Jhar); 2005(1)BLJR403; [2005(1)JCR335(Jhr)]
M.Y. Eqbal, J.1. Heard the counsel for the parties on the question of maintainability of this writ application.2. In the instant writ application filed under Article 226 of the Constitution of India the petitioner-State of Jharkhand seeks issuance of a writ directing respondent No. 2 retired Chief Engineer, not to proceed with the arbitration proceeding referred to him by respondent No. 1 in respect of the alleged dispute arose out of an agreement dated 12.3.1986 and also for quashing the entire arbitration proceeding initiated by respondent No. 2.3. The facts of the case lie in a narrow compass :Petitioner's case is that by virtue of an agreement being No. L.C. B/3/85-86 dated 12.3.1986 entered into between the petitioner and respondent No. 1, work order was allotted to respondent No. 1 for excavation of Galudih Right Bank, Main Canal. The work was to be completed within 24 months i.e. by 13.3.1988. The period for completion of the work was time to time extended upto 30.6.1993. Petiti...
Tag this Judgment!Sandesh Kumar Mandal and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: [2005(105)FLR933]; [2005(1)JCR162(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties.2. Petitioners pray for quashing the order of their termination dated 5.6.2003 (Annexure-6), for payment of salary and to regularize them from the date of their initial appointment.3. Petitioner's case is that they are working as Daily Wagers since 1988 and in 1994, they were appointed on sanctioned and vacant posts,4. It appears from purported appoint-letters that the petitioners were appointed by the Assistant Director of Industries (Silk), Singhbhum, Chaibasa, in the year 1994 on purely temporary and ad hoc basis, subject to further orders; and such appointments were to be treated as cancelled, if the Department objected to the same.5. Petitioners filed writ petition being W.P. (S) No. 316/2002, challenging memo No. 161, dated 3.12.2001, by which It was directed not to take work from the petitioners and not to allow them to mark attendance register. The State questioned the legality and propriety of their appointments. This Court was not in...
Tag this Judgment!The New India Assurance Company Ltd. Vs. Ramchandra Sao and ors. and
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: I(2005)ACC581; 2006ACJ503; AIR2005Jhar89; 2005(1)BLJR622; [2005(1)JCR163(Jhr)]
ORDERN.N. Tiwari, J.1. The stamp reports in both the civil revisions have given rise to a common question as to whether these civil revisions are maintainable in view of the provisions of Section 173 of the Motor Vehicles Act, 19882. The question being common in both the cases, the same have been heard and being decided by this common order.3. Civil Revision No. 127 of 2004 has been preferred against the judgment and award dated 25.5.2004 (Award sealed and signed on 25.8.2004) passed by the Presiding Officer, Motor Vehicles Claims Tribunal, Hazaribagh in Claim Case No. 105 of 1999 whereby the learned Tribunal has awarded compensation of Rs. 1,50,000/- along with interest at the rate of 5% per annum with effect from 18.7.1991 till realization payable to the claimant by the petitioner Insurance Company.4. The petitioner has challenged the said award, inter alia on the ground that the deceased was a minor aged about 8 years and was a non-earning member, but the learned Tribunal has wrongl...
Tag this Judgment!Shophiya Khatoon and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: 2005CriLJ1770; [2005(1)JCR339(Jhr)]
ORDERS.J. Mokhopadhaya, A.C.J.1. This revision application has been preferred by the accused-petitioners against the order dated 7th May, 2003 passed by the learned Sub-Divisional Judicial Magistrate, Bokaro in G.R. Case No. 751/2001, whereby and where under, the petition under Section 239 of the Cr PC for their discharge has been rejected.2. According to the petitioners, Opposite Party No. 2 Shabnam Khatoon, wife of Kamaluddin Ansari filed a Complaint Case No. 256 of 2001; in pursuance of which FIR was instituted as Bermo P.S. Case No. 126 of 2001 and the police completed investigation.3. After submission of charge-sheet, the learned A.C.J.M., Bermo at Tenughat took cognizance against the petitioners and Kamaluddin Ansari for the offences under Sections 498A of IPC and Sections 3/4 of Dowry Prohibition Act (for short D.P. Act). A Criminal Misc. Petition No. 238 of 2002 was filed before this Court under Section 482, Cr PC to quash the order of cognizance, but it was dismissed on 13th J...
Tag this Judgment!Bimalandu Kumar Chatterjee Vs. Bharat Coking Coal Limited and ors.
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: [2005(104)FLR931]; [2005(1)JCR359(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. This writ petition has been preferred by petitioner against the letter Ref. No. CMS/CHD/2003/352, dated 14th March, 2003, whereby and whereunder, the Chief of Medical Services. Central Hospital of M/s. Bharat Coking Coal Limited (hereafter referred to as M/s. BCCL), Dhanbad communicated the decision of management that it has taken a liberal view and pleased to sanction sick leave for the period 16th March, 2002 to 27th March, 2002 and 1st April, 2002 to 10th April, 2002 against 13 days sick leave and 14 days earned leave due to credit of the petitioner as on the date as a special consideration.2. According to petitioner, he was initially appointed as Accounts Assistant on 3rd September, 1971 when it was a private company. It was taken over by M/s. BCCL and he became an employee of M/s. BCCL. He was transferred from Central Hospital. Jagjiwan Nagar, Dhanbad to Bhuli Town Administration Dhanbad on 1st March, 2002 and was released on 16th March, 2002 and after ...
Tag this Judgment!State of Jharkhand and ors. Vs. Smt. Aren Minz
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: 2005(1)BLJR696; [2005(1)JCR337(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This appeal has been preferred by the appellant State of Jharkhand and others against the judgment and order dated 13th June, 2003, passed in W.P.(S) No. 6149 of 2002 (reported in 2003 (3) JCR 226 (Jhr)), whereby and whereunder, the learned Single Judge while allowed the writ petition in favour of the petitioner Smt. Aren Minz (respondent herein), held that she is entitled for the benefits of extension of service as per the old circular.2. For determination of the issue, it is desirable to discuss the relevant facts and guideline (s)/circular(s), issued by the State Government from time to time to provide benefits to the teachers having received National Awards. The State of Bihar initially issued guidelines, whereby, it was decided 'to grant three years extension of service' to the teachers, who have been awarded National Awards. One of such guidelines was circulated by the Government of Bihar from its Education Department vide Resolution dated 16th Ma...
Tag this Judgment!Smt. Urmila Sarkar Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: 2005(1)BLJR604; 2005CriLJ1769; [2005(1)JCR357(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This application under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner Smt. Urmila Sarkar for quashing the order dated 7th February, 2004 passed by the learned Sessions Judge, Jamtara, in Cr. Revision No. 5 of 2004, whereby and whereunder, the learned Court below has dismissed the revision application, preferred by the petitioner against the order dated 5th January, 2004, passed by the learned Judicial Magistrate, 1st Class, Jamtara, in Tr. No. 152 of 2004, arising out of PCR Case No. 298 of 1995. By the aforesaid order dated 5th January, 2004 the learned Judicial Magistrate, 1st Class, Jamtara, has rejected the application, preferred by the petitioner under Section 323 of the Code of Criminal Procedure to commit the case to the Court of Sessions.2. According to the petitioner, she is complainant in PCR Case No. 298 of 1995, which was filed against opposite party Nos. 2 to 6. Her case is that on 13th September, 1995 at...
Tag this Judgment!Bijay Charan Gupta Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-23-2004
Reported in: 2005(1)BLJR228; [2005(1)JCR509(Jhr)]
ORDER1. This appeal has been preferred by the appellant against the order dated 20th August, 2003, passed in W.P. (S) No. 4100 of 2003, whereby the learned Single Judge has dismissed the writ petition and refused to grant relief of time bound promotions to the writ petitioner (appellant herein) on the ground that the writ petition was barred by the principles of res judicata.2. Brief facts of the case is that the appellant was in the services of the State and was not granted any promotion during his service period. Though he was entitled for time bound promotions; 1st time bound promotion with effect from 1.4.1981 and 2nd time bound promotion with effect from 1st April, 1986, his case was not considered as one departmental proceeding was pending against him. However, the proceeding was ultimately concluded in his favour in the year, 1993 and later on the retired in the year, 1998, but his case for time bound promotions was not considered. Thereafter, he having retired and no retiral be...
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