Jharkhand Court May 2005 Judgments
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Lakhan Kumar Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: May-05-2005
Reported in: [2005(106)FLR337]; [2005(2)JCR459(Jhr)]
ORDER1. Having considered the submissions made on behalf of the respective parties, we are satisfied that sufficient ground has been made out for condoning the delay in filing the appeal. Accordingly the delay is condoned and the appeal is taken up for consideration today itself.2. The father of the appellant writ petitioner is said to have been appointed as security guard under the Central Coalfields Limited in the year 1984. He died in harness on 23rd November, 1997 and it may be relevant to indicate that his mother, Bachni Devi, died prior to his father on 17th August, 1997. A death certificate in that behalf has been annexed as Annexure-3 to the memorandum of appeal.3. As will appear from the materials available on the record the appellant writ petitioner applied to the respondent company for appointment on compassionate ground in December 1999 and he was also asked to appear at an interview on 17th April, 2001 pursuant to the said application. It is the case of the writ petitioner...
Suresh Prasad and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-05-2005
Reported in: [2005(2)JCR466(Jhr)]
Narendra Nath Tiwari, J.1. In all these writ applications, the petitioners have a common grievance and the common questions of law, based on identical facts, have been raised and as such the same are being taken up together and disposed of by this common order.2. The grievance of the petitioner is that after about 14-15 years long services, they have been issued a letter in the form of show cause and that too after a pre-decision to terminate their services on the ground that there is no proof that their initial appointments were made after following the prescribed procedure and the reservation policy. It has been contended that irregularity can not be cured and regularized only on the ground of long passage of time and that the impugned orders are passed in the light of the judgment passed in LPA No. 675/2000. According to the petitioners, the order passed in LPA No. 675/2000 by the Patna High Court has got no application in their cases, inasmuch as, in the Special Leave to Appeal (Ci...
Fulgendra Devi and ors. Vs. Jugsalai Municipality and ors.
Court: Jharkhand
Decided on: May-05-2005
Reported in: [2005(2)JCR463(Jhr)]
ORDER1. Having considered the submissions made on behalf of the respective parties, we are satisfied that sufficient ground has been made out for condoning the delay in filing the appeal. Accordingly, the delay is condoned and the appeal is taken up for considering today itself.2. The husband of the appellant No. 1 was appointed as a Store Keeper in the Jugsalai municipality in the year 1969. Thereafter, he was promoted to the post of Assistant Tax Daroga in the year 1971 and finally he was made Tax Daroga in the year 1972.3. By an office order dated 21st January, 1997 the husband of the appellant No. 1 was placed under suspension. Aggrieved thereby, he moved a writ petition being CWJC No. 437 of 1997(R), which was disposed on 30th June, 1997 with direction on the respondent authorities that in the event they wished to continue with the departmental proceedings, they would have to serve charge-sheet on the petitioner as early as possible, preferably within two weeks from the date of th...
O. Madhava Rao Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: May-05-2005
Reported in: [2005(106)FLR339]; [2005(2)JCR565(Jhr)]; (2005)IIILLJ534Jhar
ORDER1. The writ petitioner had been initially appointed as Substitute Token Porter by the Railway authorities and continued as such till the date of receipt of an order of removal from service dated 12th September, 2001. The petitioner along with several other similarly placed employees thereafter moved the Ranchi Circuit Bench of the Patna Bench of the Central Administrative Tribunal challenging the orders of dismissal and prayed that the same be quashed and they be reinstated with full back wages and all consequential benefits. As far as the writ petitioner is concerned his application was numbered as O.A. No. 160/02.2. Nine matters, including that of the writ petitioner, were heard and disposed of by a common judgment and order dated 1.1.2004. In the writ petitioner's case it was observed by the learned Tribunal that from the materials on record it would appear that the entire case involving the writ petitioner revolved around the fact that the only witness, who had given a stateme...
Shiv Chandra Mishra Vs. State of Jharkhand
Court: Jharkhand
Decided on: May-05-2005
Reported in: 2005(3)BLJR2014; [2005(3)JCR167(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ application the petitioner has prayed for quashing the letter dated 3.2.2004 (Annexure-22) issued by the respondent No. 2 whereby the petitioner's services have been terminated on the ground that he was appointed illegally when there was a bar on the appointment and prescribed procedure of appointment was not followed as also the reservation policy was not followed.2. The grievance of the petitioner is that the said question is being illegally raised after a lapse of several years and his services have been terminated after about 15 years of his appointment. According to the petitioner, he was appointed as janzeer wahak (chain man) on 31.12.87 by the competent authority. He was asked to join at Khuti. Letter of appointment is Annexure-1 to this writ application. Thereafter, the petitioner was transferred to Deoghar. Though the petitioner's initial appointment was for a certain period, yet the same was extended from time to time along with se...
Bijendra Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-04-2005
Reported in: [2005(3)JCR278(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioner has prayed for quashing the orders dated 13.3.2003 and 13.4.2003 passed by the Superintendent of Police, Dhanbad as contained in Annexures 5 & 8 whereby the petitioner has been awarded punishment of stoppage of one annual increment of pay which would amount to two black marks in his service record and forfeiture of his pay for the period from 29.2.2000 to 30.12.2000 (total 307 days) and for a direction to the respondents to pay the petitioner's salary of the said period in view of the order passed by the Inspector General of Police, Ranchi Zone, Ranchi (respondent No. 3). The petitioner further prayed for a direction to the respondents to promote and post him as Inspector of Police from the date the other similarly situated persons have been given promotion and posted as such.2. The petitioner's case is that he was appointed as Inspector of Police in the year 1980. After completing training the police training college, the ...
Awadh Singh Vs. the Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: May-04-2005
Reported in: [2005(106)FLR499]; [2005(2)JCR474(Jhr)]
ORDER1. This appeal is directed against the judgment and order dated 6th May, 2004 passed by the learned single Judge in W.P(S) No. 2911 of 2002, dismissing the writ application on the ground that no case had been made out for interference by the Court.2. As will appear from the materials on record, the petitioner/appellant was appointed as an Assistant Store Keeper in Bararee Colliery No. 10, Area Lodana on 1st May, 1972 and at the time of his appointment, his date of birth as per matriculation certificate was shown as 7.5.1954. Inasmuch as, there was certain irregularities with regard to the recording of his dated of birth in the records the matter was referred to the Deputy Secretary, Bihar School Examination Board, Patna who by his letter dated 3rd January, 1992 verified that the date of birth of the writ petitioner/ appellant was 7th May, 1954, as had been shown in his matriculation certificate. Pursuant thereto, a settlement was arrived at between the Management and the concerned...
Kailash Mandal and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: May-04-2005
Reported in: 2005(53)BLJR2137; [2005(3)JCR230(Jhr)]
Amareshwar Sahay, J. 1. These two appellants along with seven others were tried for the charge under Section 307, IPC by the 2nd Additional Sessions Judge, Dumka at Camp Jamtara and by judgment dated 24th January, 1991 in sessions case No. 434 of 1985, the learned Additional Sessions Judge convicted these two appellants for the offence under Section 307, IPC and sentenced both of them to undergo RI for a period of seven years. Rest of the seven accused, who were tried along with appellants were acquitted from the charges.2. The prosecution case, in sort, is that on 28.7.1984 at about 8 a.m. while the informant, Dakshin Kumar Mandal (PW 5) was returning to his house from his field situated in Village Dhobone, P.S. Jamtara along with Phanibhushan Mandal (PW 1) and when he reached near the house of Joti Mandal (acquitted), all of a sudden, all the accused persons, on the orders of Joti Mandal started assaulting the informant. It is said that these two appellants assaulted the informant by...
Dharam Singh Rajput and anr. Vs. State of Bihar and anr.
Court: Jharkhand
Decided on: May-04-2005
Reported in: 2005(2)BLJR1622
Hari Shankar Prasad, J. 1. This application under Section 482, Cr PC has been filed for quashing the order dated 23.8.1997 passed in C.P. Case No. 213/97, whereby and whereunder the learned Judicial Magistrate Ist Class, Dhanbad took cognizance against the petitioners under Sections 420, IPC.2. Facts leading to the filing of this application are that the opposite party lodged a complaint against the petitioners alleging, inter alia, therein that he was awarded a contract for a total sum of Rs. 6,96,575/-. It is further alleged that besides the said contract, on verbal instruction and assurance of the accused persons, the complainant had performed extra work to the tune of Rs. 3,73,801.83 paise. It is further alleged that payment of extra work, done on verbal instruction and assurance of accused persons, has not been paid. On the basis of complaint filed, an enquiry under Section 202, Cr PC was held and cognizance under Section 420, IPC was taken against the petitioners.3. Learned couns...
Sanjay Kumar Jha @ Sanjay Jha and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: May-04-2005
Reported in: 2005(2)BLJR1568
ORDERHari Shankar Prasad, J. 1. This application has been filed for quashing the entire criminal proceedings including the order dated 31.3.2003 passed in C/1 Case No. 1151/2002, whereby and whereunder the learned Judicial Magistrate, Ist Class, Jamshedpur took cognizance against the petitioners under Sections 387/120-B, IPC.2. Facts leading to the filing of this application are that the respondent No. 2 informant has lodged an FIR as contained in Annexure 1 stating, inter alia, therein that he is the proprietor of M/s. Vinayak Enterprises and he took some transporting work at Nagpur in the year 1995-96 from the sister concern of Lloyd Steel. The respondent-informant took 12 vehicles/trucks duly financed from Sri Ram Finance Company. All of a sudden due to the slackness in the market, the work allotted to the respondent No. 2 was closed, as such the respondent No. 2 returned all the 12 trucks to the company after plying it for about 11 months. The officer of the company told the respon...
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