Jharkhand Court August 2005 Judgments
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Life Insurance Corporation of India Through the Divisional Manager and ...
Court: Jharkhand
Decided on: Aug-22-2005
Reported in: [2005(4)JCR356(Jhr)]
1. This appeal, at the instance of the Life Insurance Corporation of India, is directed against the judgment and order of the learned Single Judge dated 27th March, 2003, allowing the writ application filed by respondent No. 1 herein, being C.W.J.C. No. 2086 of 1996 (R), quashing the order dated 21st March, 1995, by which the petitioner's services had been terminated and holding that the writ petitioner would be entitled to all consequential benefits.2. The writ petitioner had been appointed as a Probationary Development Officer with effect from 23rd January, 1992, for a period of nine months. In terms of the appointment letter dated 18th January, 1992, the period of probation could be extended by a period of twelve months but so as not to exceed a total period of twenty four months.3. As will appear from the materials on record, after the initial period of probation of nine months, the period of probation was extended by a period of twelve months which was to end on 22nd October, 1994...
Bansal Industrial Gases (Bihar) Ltd. Vs. Jharkhand State Electricity B ...
Court: Jharkhand
Decided on: Aug-22-2005
Reported in: [2006(1)JCR48(Jhr)]
1. appellant herein is a Company which claims to be manufacturing gas. The Company filed a writ petition, being CWJC No. 1346/2000(R), for quashing an order dated 21st April, 2000 passed by the General Manager-Cum-Chief Engineer. Jamshedpur Area Electricity Board, disposing of a representation filed by the writ petitioner appellant pursuant to an earlier order passed on 28.01.2000 in CWJC No. 3625/1999 (R). By the impugned order the said respondent held that there was prima facie allegation of theft of energy against the petitioner as a reason whereof Clause 16.9 of Tariff Rules was attracted in the writ petitioner's case. The appellant-writ petitioner also prayed for quashing of the bills raised pursuant to the said order dated 21st April, 2000 on the ground that the same had been raised in contravention of the directions given in the impugned order and also Clause 16.9 of the 1993 Tariff Rules.2. The appellant-writ petitioner also prayed for a direction to restore supply to its facto...
Chandra Lekha Bhagat and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-19-2005
Reported in: [2005(4)JCR184(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the short question that falls for consideration is as to whether the decision of the respondent State in relaxing the cut off/qualifying marks fixed by the Medical Council of India for Scheduled Castes/ Scheduled Tribes candidates for the purpose of admission in the medical colleges is justified.2. Petitioners who are the General and OBC category candidates appeared in the Joint Entrance Competitive Examination, 2005 for admission in the MBBS Courses in different medical colleges in the State of Jharkhand. Petitioners' case is that, according to the Rules of Medical Council of India in order to qualify the examination, general category candidates must have to secure 50% marks in Physics, Chemistry and Biology. However, so far candidates belonging to Scheduled Castes, Scheduled Tribes and other backward classes categories are concerned, they have to secure minimum 40% marks in all the subjects. By advertisement No. 23/05 dated 17.6.2005 res...
Krishan Kumar and Daya Shankar Thakur and anr. Vs. Union of India (Uoi ...
Court: Jharkhand
Decided on: Aug-19-2005
Reported in: [2005(4)JCR384(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. In both the cases, the petitioners have challenged the common Divisional Order No. 55/2005, dated 3rd June 2005, whereby and whereunder while they have been transferred to another place and it has been directed not to give them any sensitive positing.2. Earlier when the cases were taken up affidavits having not been filed in time, this Court imposed costs of Rs. 500/- on the respondents in both the cases for payment in favour of Jharkhand State Legal Services Authority. However, in the order dated 3rd August 2005 in place of 'Jharkhand State Legal Services Authority' it has been wrongly typed 'Jharkhand State Legal Services Committee'. This has been pointed out by the learned counsel for the Railway. It is, accordingly ordered to read 'Authority' in place of 'Committee' in the 4th line of 1st paragraph of order dated 3rd August 2005. Counsel for the Railway prays for and is allowed another two weeks time to deposit the cost.3. So far as the merit of the cas...
Rajmahal Pahad Bachao Andolan Through President and ors. Vs. Union of ...
Court: Jharkhand
Decided on: Aug-19-2005
Reported in: [2005(4)JCR331(Jhr)]
Altamas Kabir, C.J.1. Although the matter started out as public interest litigation, during the course of submissions, innumerable affidavits were filed rendering the litigation adversarial in nature.2. The writ petitioners claim to have filed the writ petition as a class action litigation by the tribal Chiefs of Rajmahal Pahar Bachao Andolan, Amla Pahad Block, Pakur District, Jharkhand and some Human Rights Organisations in the State of Jharkhand for enforcement and protection of the fundamental rights of the villagers of the said area as guaranteed under Articles 14 and 21 of the Constitution of India.3. According to the petitioners, out of 22 districts in the State of Jharkhand, 12 districts fully and 2 districts partially comprise Scheduled Areas. Some of the areas are covered by the Chotanagpur Tenancy Act, 1908 and the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, which are similar in nature. Furthermore the provisions of the Fifth Schedule to the Constitution an...
Kamlesh Seth Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Aug-19-2005
Reported in: [2005(4)JCR386(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner for issuance of an appropriate writ in the nature of mandamus commanding upon the respondents to consider his case for appointment in place of his deceased mother under the provisions of Clause 9.3.2 of National Coal Wage Agreement (For short NCWA')-VI.2. According to the petitioner his mother Maheshwari Kamin was a permanent employee of Central Coalfields Limited (CCL), who was appointed in the year 1973 as Category-1 Mazdoor under the Project Officer, Ara Colliery, Hazaribagh. On 3rd December, 2000 she was killed. Whereupon, the petitioner applied for compassionate appointment in terms with Clause 9.3.2 of the Agreement (NCWA)-VI, but no final decision has been taken by the respondents. It is stated that even after the death of his mother, in respect of which an FIR was lodged being Tamar P.S. Case No. 105 of 2000, the respondents did not struck down the name of his mother and her name was continuing...
Naesh Kumar Sahay Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-17-2005
Reported in: [2005(4)JCR205(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This application has been preferred by the petitioner against the order contained in D.O. No. 957/2005, dated 19th March, 2005 issued by the Superintendent of Police, West Champaran (Bihar), whereby and whereunder, the petitioner has been inflicted punishment for forfeiting increment for six months, equivalent to one black mark.2. As the matter can be disposed of on short point, it is not necessary to discuss all the facts except the relevant fact. While the petitioner was posted as Sub-Inspector of Police at Betia was suspended vide Order No. 363/2004, dated 13th March, 2004. A departmental proceeding was initiated by the Superintendent of Police, West Champaran at Betia vide departmental proceeding No. 43 of 2004 (Betia District) vide Memo No. 1106, dated 15th June, 2004. It was alleged that the petitioner was absent from duty on unauthorised leave. The petitioner filed show Cause reply regarding charges levelled against him on 31th August, 2004 specifica...
Uttam Kumar Choubey Vs. Kiran Devi @ Kumari Kiran and ors.
Court: Jharkhand
Decided on: Aug-17-2005
Reported in: II(2006)DMC284; [2005(4)JCR406(Jhr)]
ORDERAmreshwar Sahay, J.1. This revision application has been filed by the petitioner, against his wife and daughter, challenging the Judgment dated 28.01.2004, passed by Principal Judge, Family Court, Dumka, directing the petitioner to pay Rs. 1000/-per month to his wife, and Rs. 500/- per month to his daughter, by way of interim maintenance during the pendency of the proceeding under Section 125, Cr PC initiated at the instance of the wife and daughter of the petitioner, who are opposite Party Nos. 1 and 2 in this application.2. The petition under Section 125, Cr PC was filed by the opposite party Nos. 1 and 2 before the Principal Judge, Family Court, Dumka for a direction to pay maintenance to them, which was registered as Criminal Misc. Case No. 69 of 2003. During the pendency of the said petition, one another application was filed by the said opposite parties for a direction to the petitioner herein to pay Rs. 3000/- and Rs. 2000/- per month respectively to opposite party Nos. 1 a...
Gorakh Nath Shukla, Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-16-2005
Reported in: [2005(4)JCR36(Jhr)]
S.J. Mukhopadhaya, J.1. In all these cases, as common questions of law involved and in some of the cases, common order is under challenge, they were heard together and are being disposed of by this common judgment.2. Petitioners, Krishna Nand Shukla and others have preferred writ petition W.P. (S) No. 1251 of 2003 against the order dated 24th February, 2003 passed by respondent-Deputy Commissioner, Palamau, whereby and where under, prayer of petitioners has been rejected. Further prayer has been made for a direction on the respondents not to change the final list of candidates, prepared on 24th April, 2001 for appointment under 5th respondent, the Bihar Caustic and Chemicals Limited, Palamau (hereinafter referred to as the 'Company') and to set aside the list in which names of 6th to 13th respondents have been included for appointment.3. Petitioner, Sanjay Kumar Shukla has preferred writ petition W.P. (S) No. 1460 of 2003 and petitioner, Akhila Nand Shukla has preferred WP (S) No. 2349...
Moti Lal Bhagat Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Aug-16-2005
Reported in: [2005(4)JCR374(Jhr)]
ORDER1. This writ petition has been preferred by the petitioner against Order No. 10(b)/2004, dated 13th August, 2004, issued under the signature of Director (CR), Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training, Government of India, New Delhi, whereby and whereunder, the petitioner has been finally allocated the successor State of Bihar under the orders of the Central Government, in exercise of powers, conferred under Section 72(2) of the Bihar Re-organization Act, 2000.2. While the writ petition was pending, the Central Government issued Letter No. 14/279/2004-SR(S), dated 15th September, 2004 under the signature of the Director (SR), whereby and whereunder, certain guidelines have been given to reconsider the representation(s), preferred by the aggrieved persons after final allocation of the cadre. For proper appreciation of the guidelines, it is desirable to refer the contents of the letter, as quoted hereunder :'1.1. New Additions.-This in...
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