Jharkhand Court December 2004 Judgments
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Shibu Soren (ii) Vs. State of Jharkhand
Court: Jharkhand
Decided on: Dec-09-2004
Reported in: [2005(1)JCR161(Jhr)]
ORDERR.K. Merathia, J.1. Heard Mr. R.K. Jain learned senior counsel for the petitioner and Sri R.R. Mishra, learned State counsel.2. After some arguments, Mr. Jain confined his prayer to the effect that petitioner or his counsel may be allowed to inspect the original case diary/charge-sheet in the Court in presence of learned State counsel, and/or Police Officers and/or other officers of the State as may be directed by the trial Court, for four consecutive days only, and then a period of four days may be allowed to the petitioner for preparation and after this period, any date may be fixed by the trial Court for hearing on the point of charge.3. Learned counsel for the Stale submits that if the petitioner cooperates in early disposal of the case before the Court below, his said prayer may be allowed.4. Accordingly, petitioner is directed to produce a copy of this order immediately before the trial Court. The trial Court will then fix four consecutive days for inspection of the original...
Employers in Relation to the Management of Kessurgarh Colliery of B.C. ...
Court: Jharkhand
Decided on: Dec-09-2004
Reported in: [2005(1)JCR239(Jhr)]
ORDER1. This appeal has been preferred by the appellant against the judgment dated 26th February, 2003, passed in CWJC No. 2578 of 1995(R), whereby and whereunder, the learned single Judge while dismissing the writ petition, modified part of the award regarding payment of backwages in favour of the workmen, to the extent that the backwages was reduced to 10%. from 25%.2. Two workmen, namely, Girja Singh and Brij Nandan Singh, were in the services of the appellant M/s. Bharat Coking Coal Limited (hereinafter to be referred to as 'M/s. B.C.C.L.') were charged with the allegation that they assaulted Sri M.K. Kirmani, Safety Officer, with fists and blows at about 8.15 a.m. on 4th April, 1981. For the same set of charges, while an FIR was lodged against the workmen, departmental proceeding was also initiated against them. During pendency of the criminal case, the enquiry officer held enquiry and submitted enquiry report on 20th July, 1981, holding both of them guilty of the charges. The man...
Ugra Narayan Jaiswal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-08-2004
Reported in: [2005(1)JCR331(Jhr)]
ORDERM.Y. Eqbal, J.1. In the instant writ application the petitioner has prayed for quashing the order as contained in memo No. 3/Sa dated 19.12.2003 whereby stamp vendor license of the petitioner has been cancelled.2. The petitioner was granted stamp vendor license by the Deputy Commissioner, Santhal Pargana, Dumka and on the strength of the said license the petitioner was selling stamps since 1977. On 26.6.2003 one of the Advocates of the Civil Court, Godda made a complaint to the Advocates' Association alleging that the petitioner was demanding Rs. 7/- for' a stamp of the value of Rs. 5/-. It was also alleged that the petitioner insulted the said Advocate. Accordingly the Secretary of the Advocates' Association made an application to the District Judge, Godda stating about the conduct of the petitioner and for taking appropriate action against him. The District Judge, thereafter, wrote a letter dated 26.6,2003 requesting the Deputy Commissioner to look into the matter and consider t...
Jasoda BeldarIn Vs. B.C.C.L. and ors.
Court: Jharkhand
Decided on: Dec-07-2004
Reported in: 2005(1)BLJR804; [2005(1)JCR322(Jhr)]
ORDER1. Heard Mr. M.K. Laik, learned counsel for the petitioner and Mr. A.K. Mehta, learned counsel for the respondents and with their consent this appeal is being disposed of at the admission stage itself.2. This appeal is directed against the judgment and order dated 17.2.2004 passed by the learned Single Judge dismissing the writ petition being WPC No. 1789/2002. The impugned order read as under :'Heard the parties.The prayer of the petitioner in this writ application is for quashing of Annexure-3 to the writ application i.e. the notice dated 7.1.2002 issued by M/s. Bharat Coking Coal Limited to the petitioner whereby she was informed that she would be attaining the age of 60 years on 1.7.2002, therefore, she would retire from the service with effect from 30.6.2002, as per the provisions of NCWA-VI. The claim of the petitioner that her age according to the respondents themselves at the time of her appointment, was only 30 years, therefore, she is being wrongly compelled to retire fr...
Krishna Mohan Prasad Vs. Central Coalfield Ltd. and ors.
Court: Jharkhand
Decided on: Dec-01-2004
Reported in: [2005(1)JCR111(Jhr)]
ORDERM.Y. Eqbal, J.1. Petitioner is Personal Assistant under the respondent authority. In 2004 a criminal case was instituted against the petitioner under Prevention of Corruption Act being R.C. case No. 11A/2004 on the charges of receiving illegal gratification. Petitioner was, then put under suspension and a departmental proceeding has been initiated and the charge-sheet of the departmental proceeding has been served upon him, On the first sitting of the departmental proceeding on 14.9.2004 petitioner requested for the assistance of co-worker which was accepted. Petitioner then made representation for staying the departmental proceeding against him on the ground of pendency of the criminal case on the same set of charges. The said representation was rejected by the respondents by passing the impugned order. Petitioner has challenged the said order whereby the respondent-authorities refused to stay the departmental proceeding till conclusion of criminal case.2. Mr. A.K. Sinha, learned...
Babli MahtaIn and ors. Vs. Goti Singh
Court: Jharkhand
Decided on: Dec-01-2004
Reported in: 2005(2)BLJR981; [2005(1)JCR261(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this civil revision application, the petitioner has assailed the order dated 12.08.2003 passed by the learned District Judge, Dhanbad in Miscellaneous Case No. 26 of 1999 whereby the said miscellaneous case has been dismissed refusing to restore the order of dismissal passed in Title Appeal No. 26 of 1998. The said title appeal was filed against the judgment and decree dated 30th April, 1998 passed by Sub Judge Vlth Court, Dhanbad in Title Suit No. 86 of 1985. After filing the appeal, the office required filing of deficit court-fee stamp.- Opportunity was given to the appellant, but the same was not complied with and consequently for non-compliance of the said order, the title appeal was dismissed on 10.03.1999. A petition had been filed being Miscellaneous Case No. 26 of 1999 praying restoration of appeal under the provisions of Section 151 of the Code of Civil Procedure. By the impugned order the said miscellaneous case has been dismissed.2. From a ...
Binay Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-01-2004
Reported in: [2005(1)JCR147(Jhr)]
ORDER1. Heard the parties.2. This appeal is directed against the judgment dated 13.1.2004 passed by the learned single Judge in W.P. (S) No, 985 of 2002 dismissed the said writ petition.3. The petitioner filed the writ petition challenging the order dated 6.9.1997 by which services of the petitioner was terminated and also for quashing the letter dated 31.12.2001 by which his representation was rejected holding that the officer appointed the petitioner was not competent.4. The facts relevant for deciding this appeal are that the petitioner was appointed for three months on the post of Storekeeper without following the procedure and recruitment rules and also Article 16 of the Constitution of India. The services of the petitioner was extended time to time and ultimately in 1997, petitioner was terminated from service. The petitioner challenged the said termination order in CWJC No. 9977 of' 1997 and the learned single Judge of the Patna High Court in terms of order dated 5.8.1999 refuse...
Ranchi Refractories Vs. Regional Director, Employees State Insurance a ...
Court: Jharkhand
Decided on: Dec-01-2004
Reported in: [2005(105)FLR547]; [2005(2)JCR100(Jhr)]; (2005)IILLJ916Jhar
ORDER1. Heard the parties.2. A recovery proceeding was initiated against the appellant for the recovery of Rs. 89,601/- under the Employees State Insurance Act, 1948. In execution of the said order, certain attachments were made under Section 45C of the Act. However, the authority took recourse under Section 45G of the Act and attached the bank account. The said order of the attachment of bank account was challenged by the appellant in CWJC No. 287 of 2001. The learned single judge dismissed the writ petition on 21.2.2003 holding that the respondents were justified in applying Section 45G of the Act in issuing the order of attachment of bank account.3. Mr. Rajiv Ranjan, learned counsel appearing on behalf of the appellant assailed the judgment of the learned Single Judge on the ground that one recourse has been taken under Section 45C of the Act and moveable properties have been attached the amount could have been realized only by auction sale of those attached properties and recourse ...
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