Jharkhand Court March 2006 Judgments
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Paritosh Kumar Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Mar-23-2006
Reported in: [2006(2)JCR199(Jhr)]
R.K. Merathia, J.1. Petitioner has prayed for quashing the impugned order contained in Annexure 5 dated 19.12.1996 imposing penalties on him.2. Petitioner's case is that one of the punishments being major one, the said order could not have been passed without supplying a copy of the enquiry report. It was further submitted that in fact no enquiry was held at all Petitioner was served with a charge-sheet, inter alia, to the effect that during 1993-94 when he was posted as Assistant Engineer in Konar Canal Sub-Division No. II, Bagodar, there were several consecutive thefts, but inspite of information, he did not take proper steps causing loss to Government. He was charged for dereliction of duty and causing loss to Government amounting to serious misconduct. He was put under suspension. He replied to the said charges. As the proceeding was not completed within a reasonable time, he filed writ petition being C.W.J.C. No. 2810 of 1995 (R) which was disposed of by order dated 19.9.1996 with...
Madheshwar Dhari Singh and Krishnadeo Das Vs. the Union of India (Uoi) ...
Court: Jharkhand
Decided on: Mar-23-2006
Reported in: [2006(2)JCR404(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioners for issuance of a writ of prohibition directing the Respondents not to act on the first part of the guidelines issued by the Central Government, contained in letter No. 28/43/2004-SRS, dated 29th March, 2005. Further prayer has been made to allow them to continue in the services of the State till they attain the age of 60 years and to pay them the salary of the intervening period. 2. As the matter relates to determination of age of superannuation involving the interest of a large number of employees, the case was referred by the learned Single Judge to Division Bench for determination of the issue. 3. The question involved in this case is whether the Government servants who were provisionally allocated and posted under the State of Jharkhand and attained the age of 58 years between 26th October, 2004 and 23rd March, 2005 and finally allocated the services under the successor State of Bihar, can be allowed ...
Mukul Kumar and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-23-2006
Reported in: [2006(2)JCR398(Jhr)]
M.Y. Eqbal, J.1. In this writ application, the petitioners have prayed for quashing the advertisement No. 5 of 2005 published in daily newspaper 'Hindustan' on 6.9.2005 inviting applications for appointment on the post of Deputy Collector to be filled up by internal candidates who are working in class III post in the State of Jharkhand.2. Petitioners case is that the Bihar State Service Commission, in the year 2003, issued an advertisement No. 4 of 2003 for recruitment/appointment of internal candidates against the post of Deputy Collector and in the said advertisement, posts were mentioned batch wise and criteria was also laid down on the respective dates for which vacancies had accrued. After creation of State of Jharkhand, the respondents have advertised, for the first time, by advertisement No. 5 of 2005 in which batch wise vacancies has not been mentioned, rather, total post has been shown as fifty and the date of eligibility stands fixed as on 1.8.2005. Contention of the petition...
Union of India (Uoi) Through Director General, Csir and anr. Vs. Bhim ...
Court: Jharkhand
Decided on: Mar-23-2006
Reported in: [2006(2)JCR414(Jhr)]
S.J. Mukhopadhaya, J.1. The petitioners have challenged the order dated 9th October, 2003 passed by the Central Administrative Tribunal, Bench at Ranchi, in O.A. No. 151/2000, whereby and whereunder, the Tribunal allowed the application preferred by the respondents and directed the petitioners to absorb/regularize the applicants-respondents against Group 'C' post of typist.2. The main plea taken by the petitioners is that the respondents having already been appointed against Group 'D' post of Helper Grade-I, the question of ab-sorption/regularization against higher Group 'C' post of Typist is not permissible.3. The respondents, on the other hand, have taken the plea that they were engaged as Typist and are performing the duties as Typist and thereby, the Tribunal has rightly directed to absorb/regularize them against Group 'C post of Typist.4. The only question requires to be determined in this case is whether the respondents were appointed against Group 'D' post of Helper Grade-I or a...
Ajay Kumar Tiwari Vs. Union of India (Uoi) Through the Ministry, Railw ...
Court: Jharkhand
Decided on: Mar-23-2006
Reported in: [2006(3)JCR504(Jhr)]
M.Y. Eqbal, J.1. In this writ petition, the petitioner has prayed for quashing the Order No. 21/2005 dated 5.4.2005 issued by the respondent No. 4-D.I.G.-cum-Chief Security Commissioner, R.P.F. East Central Railway, Hazipur Zone, Hazipur whereby he ordered transfer of the petitioner from CIB/Dhanbad to the Divisional Reserve Company, Sonepur Division, Sonepur, within four months of his joining at Dhanbad as an Inspector in the Crime Intelligence branch.2. The petitioner's case is that he joined the CIB/Dhanbad as an Inspector on 14.12.2004 on promotion and transfer from Danapur Division. He was allotted a railway quarter and subsequently he brought his family at Dhanbad and got his two children admitted to a reputed school at Dhanbad. The petitioner's further case is that on 15.3.2005 he submitted a confidential report to respondent No. 4-D.I.G.-cum-Chief Security Commissioner, Railway Protection Force, East Central Railway Hajipur Zone, after he detected one theft of 42 MT of Pig iron...
The State of Jharkhand Through the Deputy Commissioner and ors. Vs. Ra ...
Court: Jharkhand
Decided on: Mar-22-2006
Reported in: [2006(2)JCR338(Jhr)]
S.J. Mukhopadhaya, J.1. This appeal has been preferred by the appellant-State of Jharkhand against the judgment dated 29th April, 2003 passed by learned Single Judge in W.P.(S) No. 5129 of 2002, whereby and where under, the learned Single Judge while held that the order recalling the time bound promotion granted to 1st respondent/writ petitioner as illegal, further held that no amount can be recovered from him and directed to the respondents to pay him the amount already recovered as also the pension, gratuity and other retiral benefits on the basis of last pay drawn by him.2. The question to be determined in this appeal is whether the period of service rendered by 1st respondent/writ petitioner as 'Chawkidari Tahsildar' can be counted for the purpose of 'time bound promotion' and 'retiral benefits'.3. For determination of the issue, it is necessary to notice the relevant facts, as mentioned hereunder:The 1st respondent/writ petitioner was appointed as Chawkidari Tahsildar in the year ...
Uranium Corporation of India Limited Vs. the Presiding Officer, Centra ...
Court: Jharkhand
Decided on: Mar-22-2006
Reported in: [2006(110)FLR274]; [2006(2)JCR364(Jhr)]
S.J. Mukhopadhaya, J.1. This writ petition has been preferred by the Management/petitioner M/s Uranium Corporation of India Limited, Singhbhum West (hereinafter to be referred as the Corporation') against the Award dated 5th March, 1997, communicated vide Notification dated 12th April, 1997, passed in Reference Case No.90 of 1993, whereby and whereunder, the Presiding Officer, Central Government industrial Tribunal No. 1, Dhanbad, has set aside the order of dismissal of 2nd respondent (now substituted by the heirs) and has ordered for reinstatement of his services with 50% of the back wages and other consequential benefits, including continuity of service, seniority etc.2. Learned Counsel for the respondents opposed the writ petition mainly on the ground that the High Court under Article 226 of the Constitution of India can not re-appreciate the evidence to come to a different finding nor can it substitute its own findings in place of the findings, given by the Industrial Tribunal and ...
Ashoke Kumar Banerjee and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-22-2006
Reported in: [2006(3)JCR171(Jhr)]
M.Y. Eqbal, J.1. In these writ applications the petitioner have prayed for quashing the order as contained in memo No. 854 dated 3.9.2005 issued by the Deputy Development Commissioner-cum-Executive Engineer, Zila Parishad, Dhanbad whereby the petitioner has been superannuated with effect from 30.9.05 on account of completion of 58 years of age and further for a direction upon the respondents-Zila Parishad to implement the direction of State Government dated 26.10.2004 issued under the signature of the Secretary, Department of Personnel and Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi enhancing the age of superannuation from 58 years to 60 years.2. It appears that by resolution as contained in memo No. 5826 dated 26.10.2004 issued by the Department of Personnel and Administrative Reforms and Rajbhasha the age of superannuation of the employees have been increased from 58 years to 60 years. Petitioner's case is that the employees of Zila Parishad have already bee...
Manu Soren and ors. Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-22-2006
Reported in: 2006CriLJ3570
1. The appellants 1 to 7, who were arrayed as A-1 to A-7 before the Additional Sessions Judge, Pakur, on being tried under Sections 302/34 of the Indian Penal Code and 201 of the Indian Penal Code, were found guilty and sentenced to imprisonment for life under Section 302/34 of the Indian Penal Code. They were acquitted of the offence under Section 201 of the Indian Penal Code.2. The facts, necessary to dispose of the appeal, are briefly stated thus:The deceased, Ramchandra Ghosh was having illicit relationship with two women, which according to the prosecution, infuriated the accused. According to the prosecution, in order to prevent the deceased from continuing his illicit relationship with two women, he was murdered at 7.30 p.m. on 27.4.1983 by the accused.3. On 27.4.1983 at about 7.30 p.m., the deceased Ramchandra Ghosh left his house after informing his son (PW-8) that he is going to the river. PW-8 after taking his meal went to bed thinking his father, Ramchandra Ghosh, will retu...
Siya Ram Sharma Vs. the Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Mar-22-2006
Reported in: [2006(2)JCR334(Jhr)]
S.J. Mukhopadhaya, J.1. This appeal has been preferred by the appellant against the judgment dated 20th February, 2004 passed by the learned Single Judge In W.P.(S) No. 2607 of 2002, whereby and where under, the prayer of the appellant for payment of salary for the period from June, 2000 onwards was rejected and the writ petition was dismissed.2. According to the appellant, he being ill on 22nd May, 2000, was admitted to the hospital, Dugda Coal Washery. Medical certificate was also issued in respect to treatment for the period from 29th May, 2000 to 10th July, 2000 but payment of salary of the period was not made. Subsequently also, the appellant was not paid salary and he was transferred to another place and in spite of stay order passed by this Court in C.W.J.C. No. 2850 of 2000, salary of the subsequent period was not paid.3. The respondents have disputed the fact and taken plea that the appellant unauthorizedly absented from duty w.e.f. 29th May, 2000 and violated the orders of su...
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