Jharkhand Court March 2006 Judgments
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Gopal Vs. Central Coalfield Ltd.
Court: Jharkhand
Decided on: Mar-21-2006
Reported in: [2006(3)JCR507(Jhr)]
M.Y. Eqbal, J.1. In the instant writ application, the petitioner seeks a direction upon the respondents to consider the case of the petitioner for appointment on compassionate ground and provide him employment as per National Coal Wages Agreement (in short N.C.W.A.).2. This Court, on 2.3.2006, passed the following order :Petitioner's father died on 1.8.1999 and after his death an application for compassionate appointment was filed on 7.2.2000. In 1999-2000, according to the circular of the respondents, the time limit for filing application was six months from the date of the death Admittedly, therefore, the application was delayed by six days but the most surprising and shocking thing is that after 2 and 1/2 years the application was rejected by the respondents saying that it was barred by six days. The petitioner then approached the authorities, who issued a letter dated 25.9.2003, under the signature of Personnel Manager, Sawang Colliery, vide Annexure 7, asking the petitioner to giv...
Chano Mochi Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-21-2006
Reported in: 2006CriLJ3555
1. Accused appeals.2. The appellant, on being charged and tried under Section 302 I.P.C. for an offence murder on the allegation that he caused the death of a child, Rabindra, aged about 20 days, was found guilty, as charged and sentenced to imprisonment for life, which is under challenge in this appeal.3 The deceased child, Rabindra is the grand son of P.W. 2, Gangauri Bhuiyan, who is the husband of P.W. 1. P.W. 5 is the father of the deceased child and husband of P.W. 4. They were residing in the village along with the appellant who was also related to them. On 13-12-1988, at about 10.30 a.m. P.Ws. 4 and 5 were inside the house. P.W. 2 was sitting on the cot on which the deceased child was also sleeping who was covered with blanket. The appellant entered in the house with a lathi and beat the deceased child and thereafter ran away from the place, On seeing this, P.Ws. 1 and 2, who were present, raised alarm and P.W. 4, who came out of the house, chased the appellant and caught him. A...
Central Coalfields Ltd. and ors. Vs. Arjun Bhuiya
Court: Jharkhand
Decided on: Mar-20-2006
Reported in: [2006(3)JCR113(Jhr)]
1. The case relates to compassionate appointment. The only question requires to be determined in this appeal is whether the case of the respondent -writ petitioner Arjun Bhuiyan can be considered for compassionate appointment?2. The father of the respondent -writ petitioner, namely, (late Mala Bhuiyan ), who was in the service of the appellant M/s Central Coalfields Limited ( hereinafter to be referred as C.C.L.) and died in harness on 25th June 2000. -The dependent son i.e. respondent-writ petitioner applied for compassionate appointment after one year and two months ,which was rejected by the appellant on the ground that the application was time barred. Thereafter, when the respondent-writ petitioner moved this Court, the learned Single Judge giving reference of a decision of this Court in Rupna Manjhi v. Central Coalfields Limited reported in 2003(1) JCR 324 (Jhr.). allowed the writ petition and directed the appellant to consider his case for compassionate appointment.3. According t...
Md. Sahjahan @ Shahjahan and anr. and Nand Lal Pandey and anr. Vs. Sta ...
Court: Jharkhand
Decided on: Mar-20-2006
Reported in: [2006(2)JCR214(Jhr)]
ORDER1. All the appellants/ writ petitioners are having qualification of physical educational training. They claim for their appointment to the post of primary teacher in Primary School in pursuance of the advertisement published by the Jharkhand Public Service Commission (hereinafter to be referred as J.P.S.C.) on 24th August, 2002. Their prayer for appointment was rejected by the learned Single Judge on the ground that physical trained teachers cannot be appointed on the post of primary teachers on the other hand those, who possessed qualification of trained teacher i.e. B.Ed./Dip-in-teach, are entitled for appointment.2. Similar issue fell for consideration before a Division Bench of this Court in L.P.A. No. 161 of 2004, Ashok Kumar Dangi and Ors. v. State of Jharkhand and Ors., 2006 (2) JCR 139 (Jhr) and analogous cases, disposed of on 23rd December, 2005. Having heard the rival contentions of the parties, the Court held as follows:(i) The Government of Jharkhand till date has got ...
Akhileshwar Prasad and anr. Vs. the State of Bihar and ors.
Court: Jharkhand
Decided on: Mar-20-2006
Reported in: [2006(2)JCR436(Jhr)]
1. Appellants were appointed in the service of the State of Bihar as Junior Engineers. While they were in service they passed A.M.I.E. Examination, equivalent to A.M.I.E. degree course. As per the Government Scheme 3% of the next higher post were to be filled up from amongst Junior Engineers, who have passed A.M.I.E. Examination having five years of experience. The appellants were promoted against the said 3% of reserved quota as Assistant Engineer on 28th December 1987. After eight of their promotion they preferred a writ petition before Ranchi Bench of Patna High Court being C.W.J.C. No. 2035 of 1995 (R) and prayed for a direction on the respondents to treat them to have been promoted as Assistant Engineer with effect from 11th December 1984 i.e. the date they were given charge of the higher post. The learned Single Judge by order dated 21st August 1995 allowed the prayer and directed the respondents to treat the appellants' promotion w.e.f. 11th December 1984 as Assistant Engineers....
Satrugna Prasad Pandey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-20-2006
Reported in: [2006(2)JCR194(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner woke up after 12 years from the date when he was legally and validly appointed on the post of lecturer and now he claims salary for the period 1.4.1969 to 22.7.1973 when he was temporarily worked as lecturer in a non- affiliated and non-recognised college.2. The admitted fact as per the petitioner's case is that he was appointed as a lecturer by the Governing body of the College, namely, B.S.K. College, Mathan in 1968. The College was said to have been affiliated on 7.12.1968 but the petitioner was never recognized by the University as the lecturer of the said College. Consequently, the petitioner's services were left at the sole mercy of the Principal of the College. Admittedly, the petitioner was not paid his salary for the period of 1969 to 1973.3. The petitioner's case is that in the year 1973, he was issued appointment letter and was appointed at a prescribed scale of pay and in 1975 the University Service Commission gave approval of the appoin...
Ram Chandra Singh and anr. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-20-2006
Reported in: [2006(2)JCR226(Jhr)]
1. Ram Chandra Singh and Mastana Singh, appellant No. 1 and appellant No. 2 in this case, were arrayed an A-9 and A-8 respectively before the 6th Addl. Sessions Judge, Palamau, along with eleven others. They were charged under various sections and the appellants were specifically charged under Section 302 IPC. The allegation against them is that they formed unlawful assembly along with other eleven accused at about 11.00 a.m. on 17.12.1983 and that in furtherance of the said unlawful assembly, they caused the death of the deceased, Basant Singh, causing injuries with farsa. The trial Judge on the evidence, both oral and documentary, while acquitting A-A to A-7 and A-10 to A-13 of the all the charges, found the appellants along guilty for the offence under Section 302 IPC, for which each of them was sentenced to imprisonment for life. The appellants, aggrieved by the said order of conviction and sentence, have chosen to prefer the present appeal.2. The facts as could be discerned from o...
Moso Soy and ors. Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-20-2006
Reported in: [2006(2)JCR221(Jhr)]
1. The appellants were arrayed as A-2, A-4, A-5, A-7 and A-8 respectively in Sessions Trial No. 419 of 1985 before the Second Additional Sessions Judge, Singhbhum at Chaibasa. They were tried along with six others. The trial Judge, while acquitting the other accused, convicted the appellants along and sentenced each one of them to imprisonment for life under Section 302 read with Section 149 IPC. The present appeal is against the said conviction and sentence.2. The case of the prosecution is as follows:There was a land dispute pending between the prosecution witness and the deceased party, and according to the prosecution the occurrence took place at 5 p.m. on 14.1.1982 on account of the said land dispute. At about 5 p.m. on 14.1.1982, Luko Kui, niece of deceased Mithilesh Birua and other took Haria and were talking with each other. At that time the first appellant Moso Soy (A-2), the second appellant Jogo Soy (A-4), the third appellant Jana Soy (A-5) went to the place and took the dec...
Khem Lal Ganjhu Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Mar-20-2006
Reported in: [2006(2)JCR231(Jhr)]
1. The accused appeals. 2. The appellant, on being tried for an offence under Section 302 read with Section 34 IPC and under Section 291 IPC, was convicted and sentenced to imprisonment for life under Section 302 read with Section 34 IPC. He was also directed to undergo rigorous imprisonment for a period of five years under Section 201 IPC. The present appeal is against the aforesaid conviction and sentence. 3. The case of the prosecution is as follows : At about 5.00 p.m. on 13.11.1985, the appellant went to the house of Nema Ganjhu accompanied by another. The deceased Nema Ganjhu, the appellant and other persons left together. Thereafter the deceased was not seen alive. On 16.11.1985, the body of the deceased was found floating by the villagers and information was given as Khelari police station by the village mukhiya. On receiving he said information, PW 10 Vivekanand Singh reached the village, found the dead body and thereafter recorded the statement, Ext. 2, given by PW 1, who is ...
Rama Oraon and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Mar-20-2006
Reported in: [2006(2)JCR219(Jhr)]
1. The appellants, five in number, challenge their conviction and sentence.2. When the appeal was taken up for hearing it was informed to this Court that Chapa Oraon died after the appeal was filed. This appeal filed by him abates. This Court has to now consider the appeal filed by the appellants No. 1, 2, 3 and 5 who were arrayed as A-l, A-2, A-3 and A-5 respectively before the trial Judge.3. The appellants were tried under Section 302 read with 149, IPC of the allegation that they, in furtherancne of their common intention, caused the death of the deceased, Saheba Oraon by causing injury with deadly weapons on his person. The learned trial Judge, on the evidence adduced both oral and documentary, found the appellants guilty and sentenced each one of them to imprisonment for life. They were also found guilty under Sections 148 and 201 IPC but no separate sentence was awarded for the said offence. The appeal is against the said conviction and sentence.4. The facts are follows:PW 9, Lak...
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