Jharkhand Court July 2005 Judgments
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Rishish Chandra Goyal and Prasanjit Kumar Sen Gupta @ P.K. Sen Gupta V ...
Court: Jharkhand
Decided on: Jul-29-2005
Reported in: [2005(4)JCR255(Jhr)]
R.K. Merathia, J.1. As both the cases arise out of the common complaint and they involve similar questions of facts and law they are heard together and are being disposed of by this common order.2. The petitioner, Rishish Chandra Goyal (in Cr. Misc. No. 2411 of 1999 (R), was the Chairman-cum-Managing Director of Eastern Coalfields Limited, Sanctoria, P.O. Dishergarh, District Burdwan and the petitioner, Prasanjit Kumar Sen Gupta alias P.K. Sen Gupta (In Cr. Misc. No. 8235 of 1998 (R) was the Chairman of Coal India Limited, 10, Netaji Subhas Road, Calcutta, at the time of filing of the complaint. They were not made parties in the complaint petition by name but by their designation.3. The gist of acquisition is that the bills against the contract work done by the complainant from 1.6.1987 to 15.11.1988 were not paid inspite of repeated requests made by the complainant and recommendations to pay the same. It is mentioned in the complaint petition that the complainant filed a writ petition...
Ex-Employee's Welfare Society Vs. Heavy Engineering Corporation Ltd. a ...
Court: Jharkhand
Decided on: Jul-28-2005
Reported in: 2005(3)BLJR1834; [2005(4)JCR155(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ application has been preferred by the petitioner, namely, Ex-Employee's Welfare Society, for issuance of a writ of mandamus commanding upon the respondents to show cause as to why the members of the petitioner's Society have not been paid their L.T.A. for the period 1992-93 when the persons who were on the roll and have been superannuated in 1997 and/or they are occupying the quarters and have not been paid such benefit for the period 1992-93.2. Mr. Rajiv Ranjan, learned counsel appearing on behalf of M/s. Heavy Engineering Corporation Ltd. (hereinafter referred to HEC for shot) submitted that due to paucity of fund the Company could not pay the LTA to its employees including those who retired from service for the period 1992-93 onwards. Such statements have been made at sub-paragraph (i) to (vi) of paragraph 4 of the counter-affidavit, which are reproduced hereinbelow :(i) That M/s. HEC is not in a position to give LTA for the year 1992-93 onward...
AmIn Soren and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jul-28-2005
Reported in: [2005(4)JCR239(Jhr)]
S.J. Mukhopadhaya, J.1. The above named appellants have preferred this appeal against the judgment and order of conviction and sentence both dated 23rd February, 1989, passed by the learned Sessions Judge, Santhal Parganas, Dumka, in Sessions Case No. 198 of 1987, arising out G.R. Case No. 856 of 1985, whereby and whereunder, they have been convicted for the offence under Section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life.2. The case of the prosecution, which is based on the fardbeyan (Ext. 4) of the informant Misil Soren (PW 9), recorded on 17th December, 1985 at Masalia (Tongra) police Station, is that on 16th December, 1985 at about 3.00 a.m. his grand mother Thakuran Murmu (deceased) of Village-Baliajore, Police Station-Masilia (Tongra) had gone to the house of Dhan Hembram along with the wives of Sona Soren and Som Soren for drinking pochai (a kind of wine made of rice) on the occasion of settlement of marriage. When she did not return to her ho...
Rameshwar Prasad Ray Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-28-2005
Reported in: [2005(4)JCR401(Jhr)]
S.J. Mukhopadhaya, J. 1. This application has been preferred by the petitioner for direction upon the respondents to pay pension and other retiral benefits such as, gratuity, leave encashment etc. on the basis of last pay drawn by him, as stipulated under Bihar Pension Rules, 1950.2. According to the petitioner, he was appointed as Assistant Teacher on 5th August, 1957 and subsequently, superanruated from the service of the State on 31st January, 1999 after having successfully completing 42 years of service. At the time of retirement, he was drawing salary in the senior selection grade of Rs. 5.500/- 9.000/- and posted as Assistant Teacher at Dangalpara Primary School, Madhupur.3. The grievance of the petitioner is that though he was drawing total salary of Rs. 7.550/- on the date of retirement, but after retirement his pension was fixed on lower scale showing last pay drawn as Rs. 6.950/-, which resulted in payment of less pension, gratuity and leave encashment to the petitioner. 4. I...
Shukla Construction Vs. General Manager, East Central Railway and ors.
Court: Jharkhand
Decided on: Jul-27-2005
Reported in: AIR2006Jhar46; 2005(3)BLJR1845; [2005(4)JCR30(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard the counsel for the parties on the application filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act along with the counter-affidavit filed by the respondents.2. The matter relates to a work order issued to the petitioner in 1993. When the bills submitted by the petitioner could not be passed, a dispute arose and time to time correspondences were exchanged between the parties. It appears that the parties settled their dispute at the pre-arbitration stage by referring the matter to two Arbitrators nominated by each of the parties and one Presiding Arbitrator, namely, the General Manager, East Central Railway, Kolkata. Accordingly the petitioner suggested the name of one Sri A.K. Rai, Sr. DEN/3/DHN/Eastern Railway and the respondent nominated one Sri M.K. Dubey, Sr. DAO/Eastern Railway/DHN to be appointed as Arbitrators, Sri, R.P. Kausar, Sr. DEN/2/Eastern Railway/DHN was appointed as Presiding Arbitrator.3. The contention of the ...
Sushil Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-27-2005
Reported in: [2005(4)JCR402(Jhr)]
ORDER1. This appeal is directed against the judgment and order dated 23rd June, 2005 passed by the learned Single Judge, dismissing the appellant's writ petition, being WP (S) No. 3210 of 2005, on the ground that the transfer of the petitioner from the post of District Superintendent of Education to the post of Principal, Zila School, Chaibasa was beyond the prescribed rules.2. Aggrieved by, the order passed by the learned Single. Judge, the writ petitioner has preferred the instant appeal and, appearing in support of the appeal, Mr. Rajesh Kumar, learned Advocate, submitted that the transfer order dated 8th November, 2004, which was impugned in the writ petition, was tainted with malice. Mr. Rajesh Kumar contended that earlier also, an attempt had been made to transfer the petitioner to a post where the minimum qualification of a candidate was required to be Post Graduate, whereas the petitioner is only a Graduate. The writ petition, which was filed earlier against the said order, bei...
indra Narayan Jha Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jul-27-2005
Reported in: [2005(4)JCR256(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. In this case, the petitioner has challenged notification No. 643, dated 7th February, 2004. By the said notification, services of the petitioners has been placed under Urban Development Department, Jharkhand for his placement as Executive Engineer, Mineral Area Development Authority (hereinafter referred to as MADA).2. The main plea taken on behalf of the petitioner is that deputation of petitioner in MADA amounts to transfer to Foreign Service, which cannot be done without the consent of the employee, as required under Rule 267(a) of Jharkhand Service Code. It is submitted that the respondents have not taken any consent from petitioner before deputation to Foreign Service.3. To determine the issue, it is necessary to notice Rule 267(a) of the Jharkhand Service Code, as quoted hereunder :'No Government servant may be transferred to foreign service without his consent : Provided that this sub-rule shall not apply to the transfer of, a Government servant to t...
Buknu Ram @ Somra Ram Misir Vs. Maniur Rahman and anr.
Court: Jharkhand
Decided on: Jul-27-2005
Reported in: [2006(1)JCR296(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This substitution petition has been filed on behalf of the heirs of late Buknu Ram @ Somra Ram Misir, sole petitioner/decree-holder with a prayer to substitute them in his place, who died during the pendency of the writ petition on 6th June 2005 leaving behind one son and five married daughters whose descriptions are given below :(i) Basudeo Ram Misir, son of late Buknu Ram @ Somra Ram Misir, resident of village Bhargaon, police station Senha, District Lohardaga.(ii) Kalawati Devi, w/o Gunadhi Rai Misir, resident of village Khirji, P.O. Irgaon, District Lohardaga.(iii) Sita Devi, wife of Suryadeo Singh, resident of village Tarme, Fatehpur, Post Office Tarwa, District Aurangabad (Bihar).(iv) Shakuntala Devi, wife of Chandradeo Singh, resident of village Tarme, Fatehpur, Post Office Tarwa, District Aurangabad (Bihar).(v) Savitri Devi, wife of Daroga Singh, resident of village Kachanpur, post office Kashipur, District Aurangabad (Bihar).(vi) Leela Devi, wife o...
Dayanand Ram @ Dayanand Prasad Bhadani Vs. Prabhat Kumar Bhadani and o ...
Court: Jharkhand
Decided on: Jul-27-2005
Reported in: [2006(2)JCR350(Jhr)]
ORDERM.Y. Eqbal, J.1. In the instant petition under Article 227 of the Constitution of India, petitioner has challenged the order dated 19.5.2004 whereby the learned sub-Judge debarred the petitioner from filing the written statement. Plaintiff field Title Suit No. 33/01 in the Court of Sub-Judge, Koderma. After service of summons, defendant-petitioner appeared on 19.12.2001 and prayed for time for filing written statement. Thereafter, parties tried to settle the dispute amicably outside the Court but no settlement was arrived at. The Court below by order dated 7.1.2002 directed the petitioner to file written statement. From 7.1.2002 to 20.2.2004 for about two years, several adjournments were granted by the Court-below for filing written statement. Defendant-petitioner did not file written statement and consequently by order dated 20.4.2004 the suit was fixed for ex parte hearing. Even thereafter the written statement was not filed. By order dated 19.5.2004, petitioner was debarred fro...
Basanti Kumari Sethi and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-26-2005
Reported in: [2005(4)JCR182(Jhr)]
M.Y. Eqbal, J.1. In this writ application the petitioners have prayed for quashing the order dated 1.7.2000 passed by the Commissioner, North Chotanagpur Division, Hazaribagh in Transfer Permission case No. 29/1992-93 whereby he has rejected the application filed by the petitioners for grant of prior permission for the transfer of the land in question and directed for resumption of the lease hold property.2. Petitioners' case is that Ganpat Rai Sethi, their grand father, was granted a building lease in respect of an area of 2.75 acres of land bearing holding No. 87 situated at village, Sarlay in the town of Hazaribagh. On the death of the original lessee, the lease was renewed in favour of Hira Lall Sethi and Panna Lall Sethi in terms of a registered indenture for the period of 30 years i.e., from 1.4.1978 to 31.3.2008. Petitioners' further case is that both the lessees filed a joint application before respondent No. 3 for transfer of 30 decimals of lease hold property in favour of fiv...
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