Jharkhand Court September 2004 Judgments
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Rupinder Singh Nagpal Vs. Bank of India and ors.
Court: Jharkhand
Decided on: Sep-22-2004
Reported in: [2005(2)JCR72(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This application has been preferred by petitioner against the charge-sheet contained in Reference No. 68-69 both dated 24.6.2004. The main grievance of the petitioner is that a criminal case is pending for same set of charge leveled in the depart-mental proceeding with an alternate prayer to stay the departmental proceeding till the final disposal of the criminal proceeding for the same set of charge.2. Counsel appearing on behalf of the Bank opposed the prayer and submitted that the departmental proceeding cannot be closed on the ground that a criminal case has been filed against the charged employee. This Court accepts this submission, there being no bar of continuance of two proceedings simultaneously. The counsel further submitted that no charge has been framed in the criminal case and thereby the petitioner cannot claim that the charges in the departmental proceeding are same and similar to those in the Criminal proceeding.3. The question whether a...
Shyamal Kumar Ghosal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-22-2004
Reported in: [2005(2)JCR267(Jhr)]
ORDERTapen Sen, J.1. Heard. Mr. Atanu Banerjee, learned counsel for the petitioner and Mr. H.K. Mehta, learned Government Advocate appearing on behalf of the respondents.2. Petitioner prays for an appropriate order directing the respondents to take steps as per the order dated 10.11.1999 passed by a Bench of this Court in CWJC No. 7963 of 1998 in so far as it relates to selection and appointment of eligible candidates including the petitioner to the sanctioned and vacant posts of Typist/ Stenographer-cum-Assistant in the Godda Collectorate and other sub-ordinate depart- mental offices. It is relevant to note that CWJC No. 7963 of 1998 was disposed off on 10.11.1999 with a specific direction, the relevant portion whereof at pages 40 reads as follows:--'For the reason aforesaid, I remit the case to the Deputy Commissioner, Godda to fill up the post notified/advertised in pursuance of advertisement No. 05-19/94, dated 1st November, 1994 in accordance with rule/guideline as was existing on...
Rajendra Yadav and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-22-2004
Reported in: 2005(1)BLJR610; 2005CriLJ1792
ORDERHari Shankar Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the impugned order dated 28.1.2003 passed in Criminal Revision No. 153 of 2002 whereby the learned Sessions Judge, Deoghar set aside the order dated 3.8.2002 by which learned Chief Judicial Magistrate had taken cognizance against the petitioners under Sections 323, 354, 448 and 504, IPC and directed further inquiry and also for quashing the subsequent order dated 21.6.2003 passed in P.C.R. Case No. 366 of 2002 whereby and where under the learned Chief Judicial Magistrate, Deoghar took cognizance against the petitioners under Sections 323, 354, 448 and 504, IPC.2. Prosecution case in brief is that the complainant-opposite party No. 2 filed a complaint case being PCR Case No. 366/2002 alleging therein that the complainant-opposite party No. 2 resides separate from her in-laws in old house with her husband. The husband of the complainant-opposite party had gone t...
Ram Surat Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-22-2004
Reported in: [2006(1)JCR367(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.In this case the petitioner has made the following prayers :--(A) For direction upon the respondents to pay arrear of salary for the suspension period i.e., from 17.2.1997 to 14.11.2000 minus subsistence allowance paid in the aforesaid period;(b) For direction upon the respondents to grant and pay arrear difference of salary for being promoted in the selection grade in pursuance of the order of promotion being No. 3535 dated 19.6.1997 issued by the Department of Water Resources, Government of Bihar in the scale of Rs. 445-745/- from 1.4.1979 to 31.3.1981, Rs. 850-1360/- from 1.4.1981 to 31.12.1985 and in the revised scale of Rs. 1460-2900/- from January, 1996;(c) For payment of difference of arrear salary in the scale of senior selection grade i.e., Rs. 1800-3330 in pursuance of the order No. 2653 dated 30.12.1999 issued by the Water Resources Department, Government of Bihar and also for payment of the difference of salary for senior selection grade in the...
Shiv Shankar Prasad Vs. Steel Authority of India Ltd. and ors.
Court: Jharkhand
Decided on: Sep-21-2004
Reported in: [2004(4)JCR333(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties.2. The petitioner has prayed for quashing the order as contained in the letter dated 17.5.2004 issued by the respondent whereby the allotment of Plot No. KF-5 in the City Centre vide allotment order dated 21-6.2000 has been cancelled. Fromthe aforesaid letter dated 17.5.2004 it appears that on the application filed by the petitioner in the year 1987 a plot was allotted to him in the year 1999, In terms of allotment order the petitioner had to' comply necessary formalities including execution of the lease agreement. When nothing came forward from the side of the petitioner, a notice dated 21.9.02 was served upon the petitioner by the respondents. It is alleged in the impugned letter that inspite of notice the petitioner did not turn-up. Thereafter several letters and reminders were sent i.e. letter dated 6.1.2003, 23.1.2003. 5.2.2003, 24.3.2003 and subsequent letters directing the petitioner to be physically present and execute the lease agreement...
Dr. Miss Sudha Jhingon Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-21-2004
Reported in: 2004(3)BLJR1856; 2005CriLJ62; [2005(104)FLR503]; (2005)ILLJ903Jhar
Hari Shankar Prasad, J.1. This application under Section 482, of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding including the order taking cognizance dated 31.7.2002 passed in C/2 case No. 48 of 2002, as contained in Annexure-6.2. The prosecution case in brief is that complainant-Labour Superintendent-cum-Inspector under Minimum Wages Act, 1948. Chaibasa after taking sanction under Section 22(b) of the Minimum Wages Act, 1948 filed a complaint before the learned Chief Judicial Magistrate, Seraikella alleging therein that when he and his associates went on 5.7.2001 to the firm named as M/s Gangotri Nursing Home and Research Centre for inspection, he met one Abhijit Dasgupta, receptionist of the firm and in course of inspection, he found that the petitioner's firm has committed several irregularities and violated provisions of Minimum Wages Act and Rules framed thereunder. Definitions are,--(A) The employee had been given less Wages than fixed b...
P. Chanda Rao @ Doly Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-21-2004
Reported in: [2004(4)JCR584(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the parties.2. Petitioner, who, is in jail custody, seeks direction upon the respondents to allow her two children (twin daughters) aged below two years to remain with her in confinement in Sakchi Jail,3. Petitioner has been arrested in connection with Sitaram Dera P.S. Case No. 41/2004 registered Under Section 307, 324, 326, 34 and 120B, IPC and Section 27 of the Arms Act on the charges of committing murder of her husband.4. Mr. M.S. Anwar, learned Sr. counsel, has drawn my attention to clause 889 which reads as under :'889. Children up to two years of age shall be allowed to remain with their mothers in confinement. The Superintendent of a jail may in exceptional circumstances where there is nobody else except the mother to look after the child, admit to jail op retain in jail a child up to five years of age in company with the mother. Children shall be allowed such diet as the Medical Officer may order for them, and shall be provided with suitable clothin...
Rajendra Kumar Singh Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Sep-21-2004
Reported in: [2005(1)JCR314(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. According to petitioner, he retired from the services of the Jharkhand State Electricity Board on 31.11.2003 as Electrical Executive Engineer, Electrical Central Store, Gumla. His grievance is that the respondents have not yet paid him the total retirement benefits i.e. provident fund, pension, gratuity, leave encashment amount nor paid him the arrears of pay which he is entitled on revision of pay. It appears that the General Manager-cum-Chief Engineer had already taken-up the matter with the Superintending Engineer, Electric Supply Circle, Gumla vide Memo No. 1384, dated 17.3.2003. The Superintending Engineer has also sent certain information and relevant documents to the office of the General Manager-cum-Chief Engineer, Electric Supply Area, Ranchi vide his letter dated 6th October, 2003.2. In the facts and circumstances and for determination of the case, the case is remitted to the Secretary, Jharkhand State Electricity Board, Ranchi with liberty to...
Hari Narayan Mahli @ Hari Narayan Ram Mahli Vs. State of Jharkhand and ...
Court: Jharkhand
Decided on: Sep-21-2004
Reported in: [2004(4)JCR784(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the learned counsel for the petitioner and the learned counsel for the State.2. It appears that an application was filed by one Nageshwar Rai against one Ilari Narayan Mahli, for initiation of a proceeding Under Section 147 of the Cr PC. The Sub-Divisional Magistrate, Sadar, Ranchi by order dated 12.12.2000, directed the Executive Magistrate to hold enquiry and report. Subsequently, by order dated 10.4.2001, after receipt of the enquiry report of the Executive Magistrate and on consideration thereof, initiated a proceeding Under Section 147, Cr PC with regard to the lands in question and directed to issue notice to the parties. Subsequently, on .18.4.2002 a petition was filed on behalf of the first party Nageshwar Rai that he has already sold the land in question to some other person and. therefore, he does not want to continue with the proceeding as first party and, therefore, his name be deleted from the proceeding.On the same day one another applica...
New India Assurance Company Ltd. Vs. Pawan Transport Corporation and a ...
Court: Jharkhand
Decided on: Sep-21-2004
Reported in: I(2005)ACC631; 2006ACJ828; AIR2005Jhar44; [2005(1)JCR107(Jhr)]
Hari Shankar Prasad, J.1. This appeal, at the instance of the appellants, is directed against the judgment and decree dated 12.1.1995 and 28.1.1995 respectively passed in Money Suit No. 45/91. whereby and whereunder the learned Subordinate Judge 5th, Ranchi dismissed the suit of the plaintiff-appellant.2. Case of the plaintiff-appellant in brief is that plaintiff- appellant is the insurer of M/s. Usha Martine Industries Ltd., which is respondent No. 2 in this appeal. The plaintiff No. 2 is the respondent No. 2 in this appeal and defendant is respondent No. 1. Plaintiff No. 2 is the manufacturer of steel wires including copper coated wires under Policy No. 2357100217 2357100217 . The copper coated steel wire of plaintiff No. 2 was insured by plaintiff No. 1-appellant. On 25.6.1988 one consignment consisting of 527 coils weighing 12608 MT of copper coated wires were entrusted to the defendant-respondent No. 1 for transportation from Tati Silway, Ranchi to M/s. Arkey Industries, Calcutta ...
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