Jharkhand Court March 2005 Judgments
Dinesh Lal Das Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Mar-30-2005
Reported in: 2005(2)BLJR878; [2005(2)JCR285(Jhr)]
M.Y. Eqbal, J.1. In this Request Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short 'the Act'), the petitioner has prayed for appointment of Arbitrator and for reference of the dispute to the Arbitrator for adjudication and for giving an award.2. Petitioner's case is that he is engaged in contract work amongst others in the respondents-Bharat Coking Coal Ltd. (in short BCCL). Under the orders of the competent authority of the respondents and in order to meet the urgent need of the company the petitioner agreed to complete the work in terms of the specification provided to him. The Engineer so deputed, recommended the works completed by the petitioner stage by stage and prepared bills which were duly verified by the Executive Engineer but in spite of submission of the bills the petitioner has not been paid the amount for the work done by him. When the respondents did not take any step, the petitioner gave legal notice on 23.10.2001. The petitioner, ther...
Tag this Judgment!RobIn Tirkey Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-30-2005
Reported in: [2005(3)JCR62(Jhr)]
ORDER1. Although the issues sought to be raised in this PIL fall within the twilight zone of the writ jurisdiction, yet this Court took up the matter as some of the grievances of the petitioner are of serious public concern.2. The petitioner has assailed and prayed for quashing the Notification No. 3300, dated 12.11.2001 issued by the respondent No. 1 whereby the Bihar Police Manual containing Rules relating to the recruitment of constables have been adopted with relaxations and modifications, in purported exercise of power under Section 85 of the Bihar Reorganisation Act, 2000. The petitioner has also prayed for quashing the advertisement No. 1/2004 issued by the respondent No. 3 whereby the applications have been invited for appointment of 12,741 constables in Jharkhand Police Force. The petitioner has sought to assail the modification/relaxation in recruitment rules on several grounds, and complained of :(a) Giving undue weightage to height in the selection process.(b) Lowering down...
Tag this Judgment!Raju Mahato Vs. Birsa Agricultural University and ors.
Court: Jharkhand
Decided on: Mar-30-2005
Reported in: [2005(2)JCR568(Jhr)]
ORDERNarendra Nath Tiwari, J.1. Complaining public injury caused by the alleged illegal appointments made by the respondent-Birsa Agricultural University, the petitioner has sought for the following reliefs in this writ application in the name of public interest :--(i) For issuance of an appropriate writ/order/direction restraining the respondent-University from making any further illegal appointments in absence of statute;(ii) Writ, order or direction to set up any competent authority/independent body for inquiry in respect of illegal appointments made by the respondent-university on the post of assistant without even conducting any written test or typing test, which is mandatory;(iii) For quashing the advertisement published by respondent-university in various news papers on 2.4.2004 whereby and whereunder various posts of University Professor-cum-Chief Scientist and Chief Scientist-cum-University Professor of various disciplines has been published by respondent-University.2. The pet...
Tag this Judgment!Emil Minz Vs. State of Jharkhand Through the Secretary, Forest and Env ...
Court: Jharkhand
Decided on: Mar-30-2005
Reported in: [2005(2)JCR553(Jhr)]
ORDERN.N. Tiwari, J.1. This is the petitioner's second writ application in the same matter. In this writ application the petitioner has prayed for quashing the resolution No. 106, dated 7.10.2003 whereby it has been held that the State was put to the lose of a sum of Rs. 1,88,153/- by not removing the forest produce from the coups and the petitioner and two others have been held guilty of causing the said loss and the petitioner has been given two fold punishment :--(i) deduction of 10% of the pension amount; (ii) recovery of 50% of the amount of Rs. 1,88,153/- from his retrial dues.2. The petitioner retired on 31.1.2000 as Forest Range Officer on attaining the age of superannuation from State Trading Division, Garhwa, While the petitioner was in service, he was served with a memo of charge dated 19.6.1997 whereby it was, inter alia, alleged that while he was posted as Range Officer, Serikella, Logging Range, Kandra, the Government suffered a loss of Rs. 1,88,153/- for the fault of the...
Tag this Judgment!Bimal Kumar Bose Vs. Bharat Coking Coal Limited and ors.
Court: Jharkhand
Decided on: Mar-30-2005
Reported in: [2006(1)JCR417(Jhr)]
ORDER1. The writ application, which is directed against the decision of the Chairman-cum-Managing Director, Bharat Coking CLimited, as contained in his reasoned order dated 17/24th May, 2003 was referred to a Division Bench by one of us (Justice S.J. Mukhopadhaya) by order dated 23rd February, 2005.2. In the writ application, the writ petitioner has contended that the reasoning contained in the aforesaid order of the Chairman-cum-Managing Director in rejecting his prayer for providing an appointment to his son-in-law, Sri Ashish Kumar Chowdhary as per National Coal Wage Agreement-V (NCWA) was unlawful and having regard to the specific provisions of paragraph 9.4.0 of the said agreement, such employment ought to have been given to Sri Ashish Kumar Chowdhary.3. Appearing in support of the writ application, Mr. Majumdar submitted that the provisions of the NCWA-V were in the nature of an agreement between the parties to provide in certain cases social security to the workmen and their fam...
Tag this Judgment!Dr. Subrato Kumar Gupta Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Mar-29-2005
Reported in: [2005(4)JCR138(Jhr)]
ORDER1. This appeal is directed against the judgment and order dated 1lth February, 2005 passed by the learned single Judge in the writ petition filed by the appellant in respect of an order dated 11th January, 2005 passed by the Consumers' Grievance Redressal Forum, Jharkhand State Electricity Board, Ranchi, in Consumer Case No. 46 of 2004.2. As will appear from the order dated 11.2.2005 passed in the Writ Petition (C) 564 of 2005, the writ petitioner-appellant purchased the premises in question in the year 1989 and thereafter certain disputes were raised on account of non-payment of the electricity bills. On behalf of the writ petitioner-appellant, it has been contended consistently that some of the bills related to the period prior to the purchase of the property in question. The matter had been referred by this Court earlier to the General Manager -cum-Chief Engineer, Jharkhand State Electricity Board and thereafter the aforesaid Forum also had the occasion to consider the case as ...
Tag this Judgment!Kanchan Agrawala Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-29-2005
Reported in: [2006(1)JCR341a(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the counsel for the parties.2. The petitioner seeks a direction upon respondent No. 4, the Divisional Forest Officer, East Division, Hazaribagh to release the vehicle being truck No. BPY 7482 which was confiscated by order dated 14.3.2002.3. It appears that a confiscation proceeding for committing forest offence was initiated and the vehicle of the petitioner was seized loaded with 250 small bags containing 30 Kgs of soft coal each. Against the final order of confiscation the petitioner filed appeal before the Deputy Commissioner which was numbered as appeal No. 21/2002. When the appeal was not disposed of the petitioner filed WPC No. 1505/2004. The writ, petition was disposed of on 17.3.2004 by passing following order :Heard the counsel for the parties.The petitioner has challenged the order passed by the Divisional Forest Officer, East Division, Hazaribagh as confiscating authority whereby he has confiscated the vehicle of the petitioner along with 250 gun...
Tag this Judgment!Dinesh Prasad Sahu and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-29-2005
Reported in: [2006(2)JCR403(Jhr)]
D.K. Sinha, J.1. The petitioners have preferred this petition under Section 482, Cr PC for the quashing of 2nd and 3rd part of the order impugned passed by the O.P. No. 2, S.D.M., Simdega on 13.4.2004 in a proceeding under Section 144, Cr PC in a case No. M-11/2004 whereby and where-under it is alleged that though the proceeding was dropped against the petitioner initiated under Section 144, Cr PC in the first part of the impugned order but in the 2nd part it was directed to the Circle Officer, Kolebira as well as the Officer-in-Charge of Kolebira Police Station to ensure that no construction be made on the said land. By the impugned order the Circle Officer was further directed that after assessment of the valuation of the land in question as well as ascertaining the status of the land inform for further initiation of further proceeding under Section 144. Cr PC.2. Learned counsel for the petitioner submitted that the provision under Section 144. Cr PC empowers a Magistrate to issue or...
Tag this Judgment!Nazma Khatoon, Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-25-2005
Reported in: [2005(2)JCR587(Jhr)]
ORDERM.Y. Eqbal, J.1. In these writ petitions, the matter relaters to allotment of shops by the Chaibasa Municipality, Chaibasa.W.P.C. No. 21 of 20052. In W.P.C. No. 21 of 2005, petitioner seeks a direction upon the respondents to allot one of the shops in Sadar Hospital Campus at Chaibasa on the ground, inter alia that she was running the shop in the said place for more than 13 years.3. Respondents filed a counter-affidavit and started that allotment of shop rooms was given effect by adopting lottery system under the Chairmanship of Deputy Development Commissioner and three others.4. In course of arguments, learned counsel appearing for the respondents submitted that one shop shall be allotted to the petitioner.5. In view of fair stand taken by the respondents, this writ petition is disposed of with a direction to the respondents to allot shop to the petitioner.W.P.C. No. 442 of 20056. In W.P.C. No. 442 of 2005, the grievance of the petitioner is that although allotment of shops have ...
Tag this Judgment!Kanaklata Haldar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-23-2005
Reported in: [2005(2)JCR558(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. The petitioner's husband late Sudhakar Haldar was in the services of the State Govt. He was appointed in the year 1997 and since then the amount towards provident fund contribution was deducted from this his salary. He retired on 31.7.1999 and died within a week thereafter i.e. on 6.8.1999. No amount towards provident fund was paid to him during his lifetime and after more than three years of his death his widow (petitioner) was paid a sum of Rs. 2,00,941/- pursuant to authority slip No. 8761, dated 24.10.2002. However, inspite of repeated requests, total provident fund amount was not paid to the petitioner.2. The petitioner has filed the present writ petition on 31.8.2004 for payment of provident fund amount. This Court by order dated 15.9.2004, directed the respondents to state whether the petitioner applied for provident fund in time and whether they have calculated upto date statutory interest or not, they were also directed to enclose a copy of the cha...
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