Jharkhand Court December 2005 Judgments
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Central Coalfields Ltd. Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Dec-22-2005
Reported in: [2006(1)JCR401(Jhr)]
ORDERR.K. Merathia, J.1. Heard Mr. Mehta, learned Counsel appearing for the petitioner and Mr. Modi, learned Counsel appearing for the State.2. In this writ petition, the petitioner prays for quashing the order dated 29.7.1987, passed by the Certificate Officer (Mines), Hazaribagh in Certificate Case No. 4 of 1984-85, rejecting petitioner's objection and also the order dated 15.9.1994, passed by the appellate authority in C.A.N. No. 15 of 1987, affirming the said order and also the order dated 22.4.1996, passed by the Revisional Authority, in Certificate Revision No. 120 of 1994, affirming the appellate order.3. Petitioner's contention is that the Board of Directors of Coal India Limited had taken a decision for reducing the opening and closing balance of the stock of coal by five per cent, as while extracting/mining coal, shale/stones also comes out. Mr. Mehta, learned Counsel appearing for the petitioner further submitted that royalty is payable on the dispatch of coal and not on the...
Mrs. Seppy Singh and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-21-2005
Reported in: [2006(1)JCR326(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioners in the capacity of President of Students Union of B.Ed. Course of Jamshedpur Women's College Jamshedpur and in the capacity of President of Students Union, B.Ed. Course of Graduate School College for Women's Jamshedpur.2. According to them, the students of the college have completed one year's B.Ed. Teachers Training Course and, as such, they should be allowed to appear at the forthcoming examination scheduled to commence from January, 2006.3. Learned Counsel for the National Council for Teachers Education (hereinafter to be referred as 'N.C.T.E.') submits that both the Schools/Colleges having not been recognized for the Sessions 2004-05, their students cannot be allowed to appear at the examination, scheduled to start in January, 2006.4. Counsel for the Ranchi University submitted that the University is holding examination for the Sessions 2003-04 and 2004-05 in respect of the Colleges/Schools, recog...
Kablu Kumar Dutta and ors. Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Dec-21-2005
Reported in: [2006(1)JCR327(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioners against the order dated 19th April, 2005 issued by the 10th respondent, whereby and where-under, they have been informed that the recommendations, earlier made by the committee in their favour for allotment of shops having become stale, it is not possible to allot the shops in their favour.2. During pendency of the writ petition, a notice inviting applications for allotment of the shops, in question, having been issued, the petitioners have also prayed to stay the auction.3. It appears that the respondent M/s. Bharat Coking Coal limited constructed the shops/kiosks in different Market Complex of Bhuli Township Area, Dhanbad and invited applications for allotment of shops in the year 1990. The petitioners also applied along with others and performed all the formalities. In spite of recommendation of the Committee in favour of the petitioners some other shops were allotted to different persons and not t...
Yogeshwar Pathak Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Dec-21-2005
Reported in: [2006(1)JCR350(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner has preferred this writ petition challenging the departmental proceeding initiated vide charge-sheet dated 17th March, 2005. Such prayer has been made on the ground that a criminal case for same set of allegation is pending against the petitioner.2. When the case was taken up learned Counsel for the petitioner also prayed to stay the departmental proceeding, if not quashed.3. From the charge-sheet as contained in Annexure-4 it appears that the allegation of fraud, dishonesty in connection with company's business or property and asking for bribe along with gratification has been levelled against the petitioner. This part, it has been alleged that the petitioner also abused one Madhusudan Dubey very badily by using filthy languages.4. In the facts and circumstances, even if a criminal proceeding for same set of facts and evidence is pending, the charges of misconduct having been levelled, cannot be determined in a criminal proceeding. In my vie...
Steel City Cable Network (Sccn) Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-21-2005
Reported in: [2006(3)JCR16(Jhr)]
M.Y. Eqbal, J.1. The petitioner, namely, Steel City Cable Network, has filed this writ petition for quashing the order dated 9.6.2004 issued under the signature of Subdivisional Officer, Dalbhum, Jamshedpur whereby he has purported to divide the areas within which cable television network can be operated by the cable operators.2. The facts of the case lie in a narrow compass:The petitioner applied for registration under the provisions of the Cabile Television Network (Regulation) Act, 1995 (the said Act) for running cable television network within the area of Jamshedpur Notified Area Committee and Mango and the Registering Authority granted registration to the petitioner as Cable Operator and a Certificate of Registration bearing No. 239/9F under Rule 5 was issued in favour of the petitioner authorizing it to run cable television network within the area of Jamshedpur Notified Area Committee and Mango. It is stated by the petitioner that the Cable Television Network was running smoothly...
Jai Prakash Singh Vs. Union of India (Uoi) Being Represented by Genera ...
Court: Jharkhand
Decided on: Dec-20-2005
Reported in: [2006(1)JCR320(Jhr)]
S.J. Mukhopadhaya, J.1. This petition under Articles 226 and 227 of the Constitution of India has been preferred by the petitioner for setting aside the order dated 28th June, 2005 passed by the 1st Addl. District Judge, East Singhbhum, Jamshedpur in M.A. No. 18/95 and/or to modify/ alter the said order, whereby and where under, the appeal preferred by the petitioner under Section 9 of the Public Premises Eviction of Unauthorised (Occupants) Act, 1971, has been dismissed and the order dated 7th August, 1995 passed by the Estate Officer, Chakradharpur in Case No. 44 of 1990 has been affirmed.The petitioner has also challenged the aforesaid order dated 7th August, 1995 passed by the Estate Officer, Chakradharpur in EC Case No. 44 of 1990, whereby and where under the application preferred by the Union of India to evict the petitioner from the land, measuring 168' x 15' = total of 2520 Sq. ft., has been allowed holding the land as Railway land within the premises of Chakradharpur Railway S...
Surendra Prasad Singh and ors. Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Dec-20-2005
Reported in: [2006(1)JCR329(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition was preferred by the petitioners for a direction on the 1st respondent and/or the State Advisory Committee to consider the objections, preferred by them against their tentative allocation in the cadre distribution.2. During pendency of the writ petition, the Central Government issued Notification No. 6(B)/2004 dated 29th July, 2004, whereby and whereunder, in exercise of power, conferred under Section 72(2) of the Bihar Re-organization Act. 2000, the services of the petitioners along with others have been placed under the successor State of Bihar.3. Grievance of the petitioners is that the respondents have not followed the reservation policy, in its letter and spirit, at the time of allocation of cadre and State and the impugned notification has been issued in violation of the guidelines, issued by the Central Government, and the ratio laid down by the Supreme Court with regard to the backward categories.4. The petitioners, who are Assist...
Jharkhand Polytechnics College Teacher's Association Vs. State of Jhar ...
Court: Jharkhand
Decided on: Dec-20-2005
Reported in: [2006(1)JCR334(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition was preferred by Jharkhand Polytechnics College Teacher's Association for direction on respondents to consider the question of enhancement of age of superannuation in the light of recommendation made by All Indian Council for Technical Education (AICTE) vide Notification No. 1065/CD/NEC/98-99 dated 30th December, 1999 (Annexure-3) and Notification No. 1-65/CD/MEC/98-99 dated 15th March, 2000 (Annexure-4) and the order passed by the Government of India vide Letter No. F. 37-104/95-TS.11 dated 9th October, 1998 (Annexure-2) and the State Government Resolution No. 971 dated 11th April, 1990 (Annexure-5).2. Further prayer has been made to set aside Clause 4(Ka) of Letter No. 379 dated 16th February, 1990 issued by the Department of Science and Technology, Government of Bihar and the provision at Clause 8 of Letter No. 747 dated 2nd June, 2003, which provide for lowering the age of superannuation to 60 (sixty) years for teachers of the Governm...
Nawal Kishore Birla and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Dec-20-2005
Reported in: [2006(1)JCR413(Jhr)]
ORDERAmareshwar Sahay, J.1. Both the parties were heard in detail at this stage itself and, as such, this application is being disposed of finally with the consent of the parties.2. The petitioners have prayed for quashing of the prosecution of the petitioners for the offence under Section 33 of the Indian Forest Act and Sections 2, 3(A), (B) of the Forest Conservation Act.3. A prosecution report was submitted by the Forest Range Officer, Lohardaga against the petitioners alleging therein that on 20.5.1998 while he was on patrolling duty he saw that on Kasiyadih Pakhar Road near Ledra Tongri after cutting a Nala. culvert pipe was being set where seven labourers were working and the said work was being done under the orders of petitioner No. 1 Nawal Kishore Birla as stated by petitioner No. 2 Gagan Pandey. On the basis of the said prosecution report, cognizance was taken for the aforesaid offences.4. Mr. Bajaj, learned senior counsel appearing for the petitioners submitted that the cogn...
Danuk Dari Mahto Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Dec-20-2005
Reported in: [2006(1)JCR353(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner against the order dated 10th April, 2003, as contained in Memo No. PO/Tapin/03/127-33, whereby and where under departmental proceeding has been initiated.2. Grievance of the petitioner is that for same set of facts, charges and on the basis of same evidence, earlier a proceeding was initiated by the respondents on 9th September, 1988 in which the petitioner was exonerated by the Labour Court in Reference No. 94 of 1982, disposed of by the Central Government Industrial Tribunal No. 2.3. The departmental proceeding as was initiated against the petitioner was stayed by the Court. During the Pendency of the writ petition, the petitioner retired on 31st May, 2005.4. Learned Counsel for the Central Coalfields Ltd. was allowed (sic) to obtain instructions whether the proceeding initiated against the petitioner can continue after his retirement and, if so, to bring on record the provisions of law under which s...
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