Jharkhand Court March 2005 Judgments
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Gyanpati Kumari and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-18-2005
Reported in: [2005(2)JCR590(Jhr)]
ORDERN.N. Tiwari, J.1. In this application, the petitioners claimed that they were duly selected as the teachers of Primary School being successful in the Primary Trained Teachers' Recruitment Examination, 2002 for the Dhanbad District, conducted by the Jharkhand Public Service Commission. On the basis of the result of the said examination a Combined Panel List of successful candidates was prepared and appointment letters were to be issued according to the said panel. The grievance of the petitioners is that appointment letters were issued to the persons placed below the petitioners in the Selection List but letter of appointment were not issued to them. Subsequently the respondents took the plea that the petitioners were having B.Ed. Degree from Magadh University, which were under the process of verification and due to the same, the appointment letters were not issued to them.2. The State-respondents have taken the said stand, also in their counter-affidavit.3. During the pendency of ...
Gopal Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-18-2005
Reported in: [2005(2)JCR588(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioner has prayed for quashing the order issued by the Additional Secretary to the Government State of Jharkhand by his Memo No. 997, dated 1.4.2004 whereby the petitioner has been terminated from service after about 21 years of his appointment on the ground that the letter of appointment issued to the petitioner was not issued by the competent authority.2. The case of the petitioner is that he was appointed as 'Janjir Vahak' vide letter of appointment dated 16.9.1983 issued by the Special Land Acquisition Officer, Sone Project, Aurangabad as contained in Annexure-1. By an order issued by the Director, Land Acquisition and Rehabilitation Department, Government of Bihar by his Memo No. 18, dated 6.1.1989, the petitioner was given promotion to the post of 'Mapak' (Amin) along with several other persons. The petitioner's name appeared at Sl. No. 38 of the said order. Suddenly by letter No. 14(2) Estt. Dated 13.2.2004 issued by the Ad...
Sahaju Mahto and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-18-2005
Reported in: [2005(3)JCR498(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties:2. The petitioners were convicted for the offences under Sections 448 and 427 of the IPC and were sentenced to undergo RI for one year for the offence under Section 448 IPC, and RI for two years for the offence under Section 427 IPC by the trial Court.3. The appellate Court dismissed the appeal filed by the petitioners but however, modified the sentence so far as under Section 427 IPC, was concerned and consequently the sentence of two years awarded by the trial Court under Section 427 IPC was reduced to RI for a period of one year.4. The petitioners have filed this revision application against the said conviction and sentenced passed by the trial Court as well as by the appellate Court. By filing this Interlocutory Application the petitioners have prayed that they may be exempted from surrendering in the Court below before their criminal revision is taken up for admission before this Court.5. Mr. Bhowmik learned counsel appearing for the p...
Yugal Rajak Vs. Eastern Coalfields Limited and ors.
Court: Jharkhand
Decided on: Mar-17-2005
Reported in: [2005(3)JCR25(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application, the petitioner has prayed for quashing the order dated 20.6.2001 passed by the General Manager, S.P. Mines Area (respondent No. 2) whereby the petitioner has been dismissed from his service and was further directed to refund the total compensation paid against the land to the petitioner. According to the petitioner, his land appertaining to Jamabandi No. 10 of Mauza Bhawanipur No. 597, Taluque Phulchewan, P.S. Chitra, district Dumka, more or less measuring about 8.60 acres was acquired through the Land Acquisition Proceeding in I.A. Case No. 11 of 1987-88. The said land belonged to his mother's mother. The compensation was paid on acquisition of the said land. The petitioner claims himself to the sole heir and legal representative of his maternal grand mother. On the basis of policy of the Company, the petitioner was given employment, on due consideration and verification of the records in 1984. Subsequently, his services was made perman...
indrajit Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-17-2005
Reported in: [2005(3)JCR169(Jhr)]
Hari Shankar Prasad, J.1. This application under Article 226 of the Constitution of India has been filed for quashing the order dated 24.10.2003 passed in Cr. Revision No. 72 of 2002, whereby and whereunder the learned Additional Judicial Commissioner, FTC VI, Ranchi allowed the revision and set aside the order taking cognizance dated 18.7.2002.2. Facts leading to the filing of this application are that on 7.3.2002 at about 12 noon the police personnel of Jagarnathpur P.S. along with accused persons 1 to 4 forcibly entered into the house of the complainant after breaking open the rooms of the house and removed the household properties of the complainant. It is alleged that at that time Uma Shankar Singh and Shatrughan Pandey were in the house of the complainant, who were forcibly removed from the house by the police and accused 1 to 4. It is alleged that police personnel did not give any information to these persons regarding forceful entry into the house and removal of property belong...
Banshi Rawani Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Mar-17-2005
Reported in: [2006(1)JCR418(Jhr)]
ORDER1. This appeal is directed against the judgment and order dated 29th April, 2004 passed by the learned Single Judge in W(S) No. 2433 of 2001 dismissing the writ application on the ground that there were serious disputed questions of fact relating to the entries in different records, maintained by the respondents, with regard to the date of birth of the writ petitioner.2. Appearing in support of the appellant, Mrs. Ritu Kumar, learned Advocate, submitted that there was apparent variance in the entries in the Form-B register maintained by the Company and the Identity Card, as issued to the petitioner by the Company. While in the Form B register the date of birth has been shown as 15th of July, 1941, in the Identity Card which had been issued to the petitioner, the date was supposedly mentioned as 15th July, 1948. According to Mrs. Kumar, the said two entries were sufficient for a dispute to have been raised, which required the matter to be referred to a Medical Board for determinati...
Kumud Baran Dutta Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-16-2005
Reported in: [2005(2)JCR317(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. Ananda Sen, learned counsel appearing for the petitioner.2. In this writ petition, petitioner has prayed for quashing the order dated 24.12.1999 passed by Licensing Officer-cum- Divisional Forest Officer rejecting the licence of the petitioner under the provisions of Section 7(5) of the Bihar Saw Mills (Reg.) Act, 1990 and also the order dated 13.12.2003 passed by the Conservator of Forest, Hazaribagh Circle, Hazaribagh in appeal filed by the petitioner.3. Petitioner is running a saw mill. On inspection of the saw mill, it was found that huge quantity of logs were illegally stored within the premises of the said saw mill. No transit permit etc. was produced by the petitioner. Seizure list was prepared and thereafter confiscation proceeding was initiated being Confiscation Case No. 1 of 1998. In the said confiscation proceeding, petitioner appeared and filed his show cause taking a defence that he has no concern with the seized woods and has got no claim ...
Binkatesh Prasad Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-16-2005
Reported in: [2005(3)JCR122(Jhr)]
ORDER1. This appeal is directed against the order dated 13th January, 2005 passed by the learned Single Judge in W.P. (S) No. 98 of 2005 declining to interfere in the matter and dismissing the writ petition.2. The learned counsel appearing in support of the appellant submitted that the appellant had been wrongly transferred from the post of Assistant Mining Officer, Latehar to the Geo-Engineering Cell, Ranchi as Geologist and that such transfer had been actuated with malice. In fact, the learned counsel has made certain submissions regarding the role, which was alleged to have been played by the Director, Department of Mines, Jharkhand, Ranchi, in the process of transferring the appellant from his post as Assistant Mining Officer to that of Geologist at Ranchi. It has been submitted that the appellant had taken certain steps to unearth certain irregularities regarding the grant of lease and mining operation in the land whether such lease had already expired and having regard to the abo...
Shaktinath Jha and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-15-2005
Reported in: [2005(106)FLR343]; [2005(2)JCR583(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioners, who are the teachers of Government Polytechnics, have prayed for a direction of the respondents for payment of arrears and the difference of the admitted salary in the revised UGC pay scale for the post each of them are holding i.e. Assistant Professor/Associate Professor, with interest on the admissible amount.2. The case of the petitioners is that the petitioner No. 2 is the Principal of Government Polytechnic, Ranchi and all others are the Associate Professors of Government Polytechnics. They are confirmed teachers of Government Polytechnics getting UGC pay scale. The Government of Bihar, Department of Science and Technology, by its letter No. JA-3/89-90-379, dated 16.2.1990 made provision for payment of salary in the revised UGC pay scale with promotional provisions to the teachers of Government Polytechnics along with the teachers of other technical institutes. The said letter has been annexed as Annexure-2 to this w...
Maheshwari Singh Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Mar-15-2005
Reported in: [2005(3)JCR149(Jhr)]
ORDERN.N. Tiwari, J.1. In this Writ Application the petitioner has prayed for quashing the Memo No. 1827, dated 30.4.2003 (Annexure- 9) issued by the respondent No. 3 and Office Order No. 50, dated 8.5.2003 (Annexure-10) issued by the respondent No. 7 whereby the petitioner's services have been terminated.2. The petitioner's case is that he was working as Work Inspector under the Work Charge Establishment in the office of the Executive Engineer, Drinking Water and Sanitation Division, Jhumritilaya when the said impugned orders were issued. The petitioner was initially appointed as Work Inspector in Jharia Sub-Division, by office order dated 16.9.1969 issued by the Executive Engineer, Public Health Division, Dhanbad. After about a year, he was terminated from the service on the ground of non- availability of the post by Officer Order No. 795, dated 25.12.1970. The petitioner being a retrenched employee was given appointment on that ground on the vacant post of Work Inspector in the offi...
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