Jharkhand Court March 2004 Judgments
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Mitku Ram Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Mar-04-2004
Reported in: [2004(2)JCR239(Jhr)]
Amareshwar Sahay, J.1. The prayer of the petitioner in this writ application is for quashing the order as contained in Annexure 15 dated 20.9.1997 passed by the respondent No, 2, Principle-Chief-Conservator of Forest, Bihar, Doranda, Ranchi whereby the promotion given to the petitioner to the post of Junior Selection Grade and Senior Selection Grade on 20.2.1985 and 18.4.1988 has been cancelled without any notice to show cause with direction for recovery of the excess amount paid to him due to the aforesaid promotion was given to him.2. The case of the petitioner is that the petitioner was initially working as van driver in the Forest Department in the scale of 1320-2040/- in Senior Selection Grade right from 1.4.1988.3. Mr. R. Krishna learned counsel for the petitioner submitted that since the petitioner has already retired from service on 31.3.2003 and therefore, he is confining his prayer only with regard to that part of the order as contained in Annexure 15 wherein it has been dire...
Suresh Kumar and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-04-2004
Reported in: [2004(2)JCR274(Jhr)]
M.Y. Eqbal, J.1. In all these writ petitions since common question of law and facts are involved, they have been heard together and disposed of by this common order.2. Jharkhand Public Service Commission (shortly 'the Commission') issued advertisement in the newspaper in August, 2002 inviting applications from the eligible candidates for filling up the posts of teachers in primary schools. In the said advertisement necessary eligibility criteria as well as district wise vacancies of the teachers was also mentioned. As per the provisions of Jharkhand Primary Schools Appointment Rules, 2002, the eligibility criteria for appointment on the post of assistant teacher in the primary school is matriculation or equivalent examination with two years teacher's training or B.ED/Dip-in-Ed in teaching. All the petitioners submitted their applications and the Commission held written test. In the result published by the Commission all the petitioners have been declared successful. The Commission, the...
Pramod Kumar Mishra Vs. Sidhukanhu University at Dumka Through Its Vic ...
Court: Jharkhand
Decided on: Mar-04-2004
Reported in: [2004(2)JCR606(Jhr)]
ORDERTapen Sen, J.1. Heard Mr. Vijay Gopal, learned counsel appearing for the petitioner, Mr. M.S. Anwar, learned counsel appearing for the respondent Nos. 1 to 3 and Mr. Rajiv Ranjan, for the respondent Nos. 4, 5 and 6 and with their consent, this writ petition is being disposed off.2. The case of the petitioner is that by an order dated 29.3.2001 (Annexure-6) one Mitlesh Kumar Deo, (respondent No. 4) Diwakar Deo, (respondent No. 5) and Bidhuti Nath Jha, (respondent No. 6), all class IV employees, were promoted to class III grade without considering the case of the petitioner. The petitioner, therefore, prays for quashing of the said order. Mr. Rajiv Ranjan, however, submits that the promotion of these respondents was on the basis of an order passed by the Patna High Court.3. However, what is necessary to be taken note of is the statement of the University made at paragraph No. 1 to the effect that the petitioner is senior to the respondent Nos. 4, 5 and 6, who have been promoted by o...
Smt. Parva Sahay Vs. Radha Kant Sahay and ors.
Court: Jharkhand
Decided on: Mar-04-2004
Reported in: [2004(2)JCR529(Jhr)]
ORDERP.K. Balasubramanyan, C.J. 1. This revision is by the plaintiff in a suit which is essentially one for affirmation or recognition of the family settlement imposed on the family by the propositus. On the filing of the suit, various members of the family impleaded as defendants appeared. Except defendant No. 3, ail the other defendants along with the plaintiff made an application requesting the Court to proceed in terms of Order XV, Rule 1 of the Code of Civil Procedure and to pronounce a judgment. The Court below found that since defendant No. 3 had not joined the petition, it was not possible to proceed in terms of Order XV, Rule 1 of the Code and to pronounce a judgment in the suit. It declined the prayer. It is this decision of the Court below that is challenged in this revision.2. Since obviously if I were to interfere in exercise of my jurisdiction under Section 115 of the Code of Civil Procedure it will result in the suit being finally disposed of it cannot be said that revis...
S.R. Sharma Vs. Coal India Ltd. and ors.
Court: Jharkhand
Decided on: Mar-04-2004
Reported in: [2004(2)JCR530(Jhr)]
ORDERAmareshwar Sahay, J. 1. Heard the parties.2. The order dated 25.1.2001 contained in Annexure-4 issued under the signature of Deputy Chief Personal Manager, Central Coalfields Ltd., is under challenge in this writ application whereby the promotion of the petitioner to the post of Deputy Chief Mining Engineer made on ad hoc basis, i.e., from Grade E-5 to Grade M-1 was withdrawn.3. During the period from April, 1995to January, 1986 the petitioner was postedas the Project Officer at Lapanga Colliery.The Central Bureau of Investigation registereda case against the petitioner and othersbearing Case No. R.C.-20/87(R). The matter regarding promotion of the petitionerand other eligible persons to M-1 gradewere placed before the DepartmentalProceeding Committee and then on therecommendation of the DepartmentalProceeding Committee, by issue of Annexure-2 dated 10.5.1995 the petitionerwas promoted to M-1 grade with the following conditions :--(i) This promotion is being made oh ad hoc basis a...
Shyam NaraIn Jha and ors. Vs. the State of Bihar Through the Secretary ...
Court: Jharkhand
Decided on: Mar-03-2004
Reported in: [2004(3)JCR153(Jhr)]
ORDER1. This writ petition is by some of the residents of Mohalla Hariharbari in Deoghar. They have approached this Court for the issue of a writ of mandamus directing the State Government, the concerned department of the Government, the State Electricity Board, the Revenue Officials of the Government and the Deoghar Municipality, not to install an Electrical Sub-grid Station of 33/11 KVA on a piece of land said to be in the colony in which the petitioners have allotments of plots. According to the petitioners, the plot of land, wherein the sub-grid station is sought to be established is ear-marked as a park when the plan of the colony was made and the municipality had no right to make over that plot of land to the Bihar State Electricity Board for establishing a sub-station. There is also a challenge to the entitlement of the authority concerned to make over that plot of land to the Electricity Board.2. Counter affidavits have been filed by the various respondents. In the counter affi...
Gopal Sharan Singh Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-03-2004
Reported in: [2005(2)JCR388a(Jhr)]
Vishnudeo Narayan, J.1. This appeal at the instance of the appellant stands directed against the impugned judgment and order dated 21.12.1998 passed by Sri Dhananjay Prasad Singh, the Special Judge, CBI and Vigilance, Ranchi in R.C. 15 (A)/93(R) whereby and whereunder he was found guilty for the offence punishable under Sections 7 and 13 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the said Act) and he was convicted and sentenced to undergo RI for one year under Section 7 and RI for 2 years under Section 13(2) of the said Act respectively. The appellant was further sentenced to pay a fine of Rs. 200/- and Rs. 500/- for the offences aforesaid respectively and in default thereof to undergo SI for one month and three, months respectively. However, all the sentences were ordered to run concurrently.2. The prosecution case has arisen on the basis of the FIR lodged before the Delhi Special Police Establishment. Ranchi Branch by PW 7 Sravan Kumar, Deputy Superintenden...
Anand Mohan Agarwal and ors. Vs. Presiding Officer, Debt Recovery Trib ...
Court: Jharkhand
Decided on: Mar-02-2004
Reported in: [2004(2)JCR9(Jhr)]
ORDERM.Y. Eqbal, J. 1. Heard Mr. R.S. Mazumdar, learned counsel appearing for the petitioner and Mrs. Rajesh Kumar, learned counsel appearing for the respondents.2. This writ application under Article 227 of the Constitution of India is directed against the order dated 14.10.2003 passed by Presiding Officer, Debt Recovery Tribunal, Ranchi Whereby he has rejected the application filed by the petitioners for review/ recall of the order dated 5.9.2001.3. It appears that the respondent-Bank filed Title Mortgage Suit No. 109 of 1986 in the Court of Sub-Judge-I, Dhanbad against the defendants/respondents including father of the petitioners. The said suit was dismissed for default on 6.12.1996. The respondent-Bank filed restoration application, which was registered as Misc. Case No. 6 of 1996. During the pendency of the restoration application defendant No. 5 now deceased died on 28.3.2000. The respondent-Bank filed petition on 30.11.2000 for substitution of legal representatives of the decea...
Raj Nath and ors. Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Mar-01-2004
Reported in: [2004(2)JCR241(Jhr)]
Amareshwar Sahay, J.1. In the present writ application the petitioners have prayed for quashing the order as contained in Annexure 3, i.e., the letter dated 16.9.1993 issued by the Director, Primary Education, Bihar. Patna directing the District Superintendent of Education, Palamau to terminate the services of the writ petitioners of C.W.J.C, No. 2042 of 1992 (R) who were working as Orderly/Maids and after paying the salary from 1.12.1990 till the date of their termination. Further prayer is for quashing the order dated 3.12.1993 as contained in Annexure 4 series whereby the District Superintendent of Education, Palamau passed an order of termination of the petitioners pursuant to the order of the order Director, Primary Education.2. The petitioner No. 1 Rajnath Ram was appointed as Orderly/Peon on 18.12.1984 and he joined in Primary Girl's School, Haidar Nagar, Palamau. Petitioner No. 2 Harihar Ram was appointed as Orderly/Peon on 20.10.1984 and he joined in Government Middle School, ...
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