Jharkhand Court May 2006 Judgments
Madhu Sudan Jha and Md. Nisar Alam Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-19-2006
Reported in: [2006(3)JCR463(Jhr)]
M.Y. Eqbal, J.1. In these two writ petitions, the petitioners have challenged the order as contained in the letters dated 30.12.2005 issued by the Sub Divisional Officer, Madhupur, whereby he has cancelled the Fair Price Shop licences on the basis of recommendation made by the State Level Committee.2. In W.P. (C) No. 476 of 2006, the petitioner was running a fair price shop under Public Distribution System (PDS) since 1982. On 5.8.2005, a first information report was lodged against the petitioner under Section 7 of the Essential Commodities Act, 1955 on the basis of report of the Assistant District Supply Officer, Madhupur alleging that the Sub Divisional Officer, Madhupur got secret information regarding petitioner's shop which was involved in black-marketing of the foodgrains supplied to him for distribution. The shop of the petitioner was raided and 12.08 quintals of wheat was seized. It is contended by the petitioner that a show cause notice was issued by the District Supply Office...
Tag this Judgment!Emanual Ekka Vs. Ranchi Khatriya GramIn Bank and ors.
Court: Jharkhand
Decided on: May-19-2006
Reported in: [2006(3)JCR387(Jhr)]
S.J. Mukhopadhaya, J.1. This appeal has been preferred by the appellant against the Order dated 18th March, 2004 passed by learned Single Judge in C.W.J.C. No. 2024 of 2001, whereby and where under, while the learned Single Judge dismissed the writ petition preferred by one Binod Kumar (C.W.J.C. No. 2023 of 2001), also dismissed the writ petition preferred by the appellant.The aforesaid writ petition (C.W.J.C. No. 2023 of 2001) was preferred by the appellant against the Notification dated 9th April, 2001, whereby and where under, giving reference to a judgment of the High Court and on the ground of implementation of the said judgment, the petitioner and 18 others were reverted from the post of Officers to the lower clerical cadre w.e.f. 1st May, 2001.2. The only question requires for determination in the present appeal is whether the appellant, who was not a party to the earlier writ petition being C.W.J.C. No. 160 of 1991(R) and was promoted to the Officers' cadre prior to the filing ...
Tag this Judgment!Jairam Singh, Vs. the State of Jharkhand
Court: Jharkhand
Decided on: May-19-2006
Reported in: [2006(4)JCR654(Jhr)]
D.P. Singh, J.1. The appellants have preferred this appeal against the judgment and order of conviction and sentence dated 23rd December, 2000 and 2nd January, 2001 passed in S.T. No. 119 of 1998 by 3rd Additional Sessions Judge, Jamshedpur whereby and whereunder they have been convicted for the offence under Section 304(ii) of the Indian Penal Code and have been sentenced to undergo Rigorous imprisonment for three years.2. Brief facts leading to their conviction are that the informant P.W. 2 Ramanand Singh submitted a written report to the officer in charge of Baghbera police station district Jamshedpur on 01.01.1997 alleging therein that his daughter Punam has been burn to death by the appellants on 25.12.1996. The informant has given detail that deceased Punam was married with the appellant Jairam Singh on 2.5.1993 according to Hindu customs. It is further stated that after one year of the marriage the appellant Jairam Singh and his father started demanding motorcycle, which could n...
Tag this Judgment!Baban Singh Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-19-2006
Reported in: [2006(4)JCR301(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This appeal has been preferred by the appellant, Baban Singh, against the order dated 12th July, 2005, passed by the learned Single Judge in W.P.(S) No. 3220 of 2005, whereby and whereunder, the writ petition, preferred by the appellant against the order of dismissal, has been dismissed.2. Brief facts of the case are that the appellant while posted as Constable in the Sadar Court, Dhanbad, absconded since 1st November, 2000. A departmental proceeding was initiated and charge-sheet was issued vide Memo No. 4839 dated 24th November, 2000. It was alleged that the appellant is absconding since 18th November, 2000 without prior permission, which has become the habit of the appellant, effect of which also falls on the other police personnel. Such absconding from duty without notice and leave was alleged to be misconduct, insubordination, dereliction of duty, irresponsibility and unbecoming of a police personnel. Letter No. 37/2000 issued by the Incharge, Sadar Co...
Tag this Judgment!Dr. J.J. Irani @ Jamshed J. Irani and anr. Vs. State of Jharkhand and ...
Court: Jharkhand
Decided on: May-19-2006
Reported in: [2006(111)FLR771]; [2006(4)JCR117(Jhr)]
D.K. Sinha, J.1. The petitioners herein have preferred this petition under Section 482, CrPC for quashing the order impugned dated 3.12.2005 passed by Shri S.K. Choudhary, Judicial Magistrate, 1st Class, Jamshedpur in C/2 Case No. 432 of 1997 for the offence under Section 92 of the Factories Act, 1948 whereby and whereunder it is alleged that the Court below refused to expunge inadmissible part of the evidence of the Factory Inspector PW 1 which is based upon hearsay evidence.2. The brief fact of the case is that on 10.1.1997 an accident took place in the premises of the Factory of TATA STEEL in which a worker of contractor namely Ashok died of being crushed by the water tanker. The matter was informed to the Factory Inspector/Complainant and pursuant to that he O.P. No. 2 herein, visited the factory, inspected the place of occurrence and initiated an enquiry. It was communicated to the O.P. No. 2 that M/s Laxmi Construction was given the work of transporting water in the tanker within...
Tag this Judgment!Chanda Devi Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-19-2006
Reported in: [2006(4)JCR465(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner seeks a direction upon the respondents to consider her case for compassionate appointment.2. The case of the petitioner-widow is that her husband namely, late Brijnandan Singh was appointed as Home Guard in 1989. In 2002 while he was in patrolling duty he met with an accident and died in harness on 25.5.2002 leaving behind his wife (petitioner), two minor daughters and one minor son. It is stated that after the death of her husband she alongwith her minor children are facing much difficulties and are starving. Petitioner, therefore applied for compassionate appointment but till date no decision has been taken.3. A counter affidavit has been filed by the respondents in which it is stated that Home Guard Force is Volunteer Service Organization, which has been created to meet and tackle emergent unforeseen happenings and not to provide employment. It is further stated that the Home Guard Volunteer Services are guided by Home Gu...
Tag this Judgment!Constable No. 319, Ramashish Sharma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-19-2006
Reported in: [2007(1)JCR109(Jhr)]
Permod Kohli, J.1. Order dated 15th of December, 2005 passed in WP (S) No. 6069 of 2005 by a learned Single Judge of this Court dismissing the writ petition of the appellant against the order of dismissal dated 28th of July, 2005 has been challenged in the present appeal.2. Briefly stated facts leading to the filing of the present appeal are that appellant was served with the Memo of charge dated 16th November, 2004 containing the following three charges:1. He was an accused in Lohardaga P.S. Case No. 139 of 2002 registered under Sections 376 and 302, IPC.2. Appellant deliberately concealed dead body after committing rape and falsely implicated other person due to enmity.3. In the aforesaid criminal case he remained in jail from 18,1.2001 to 27.1.2001.3. Appellant filed a detailed reply thereto objecting to holding of enquiry in regard to the charges mentioned in the memo of the charge on the ground that he is being tried for the aforesaid charges in a criminal Court on the basis of an...
Tag this Judgment!Chandeshwar Prasad Sao and ors., Vs. the B.S.E.B. and J.S.T.E.B. and o ...
Court: Jharkhand
Decided on: May-19-2006
Reported in: [2007(1)JCR110(Jhr)]
M.Y. Eqbal, J.1. In these writ petitions the petitioners have prayed for issuance of an appropriate direction upon the respondents to give effect to the notification Nos. 5343 and 5344 dated 6.11.2004 whereby the petitioners have been allocated Bihar cadre and their services have been placed under the Bihar State Electricity Board, but the said orders have been stayed by another notification dated 11.12.2004.2. According to the petitioners, on the recommendation of Shrivastava Committee, the Bihar State Electricity Board is bound to accept the services of the petitioners.3. The Jharkhand State Electricity Board, in its counter-affidavit, has stated that JSEB has no objection in relieving the petitioners if the Bihar State Electricity Board agree to accept the services of these persons. The stand of the Bihar State Electricity Board is that the report of Shrivastava Committee is not acceptable to Jharkhand State Electricity Board by which allocation of cadre was made for all the employe...
Tag this Judgment!Sarita Devi and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: May-19-2006
Reported in: I(2008)DMC276
ORDERD.K. Sinha, J.1. The petitioners herein 7 in number have preferred the petition under Section 482 of the Code of Criminal Procedure for quashing the complaint petition arising out of C.P. Case No. 547 of 2005 along with the order taking cognizance dated 29.8.2005 passed by the learned Sub-Divisional Judicial Magistrate, Dhanbad.2. The brief fact of the case, as contained in Complaint Case No. 547 of 2005 (Annexure 1), is that complainant-opposite party No. 2 Mrs. Nisha Sahu was married to the petitioner No. 3 herein Kumar Prasant on 6.5.2001 according to Hindu rituals and on the eve of marriage, Rs. 10 lakh in cash and one Maruti car was given. The bidai was executed only after assurance against demand to pay Rs. 5 lakh more in cash within one month and only thereafter she was taken to her matrimonial home. When the demand of Rs. 5 lakh could not be fulfilled within the stipulated period of one month, she was assaulted by the accused persons including the petitioners and was broug...
Tag this Judgment!Md. Usman Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-18-2006
Reported in: [2006(4)JCR147(Jhr)]
Permod Kohli, J.1. Petitioner joined the Government service as untrained Health worker at Primary Health Center (PHC), Hantarganj, Chatra on 29th June, 1962. He completed the training of Health Inspector and passed the final examination in September, 1971 from Lok Swasth Sansthan, Patna. While in service pay scale of the petitioner came to be revised on the basis of 4th Pay Commission recommendations to Rs. 580-860/- with effect from 01st April, 1981. While promoting him to the post of Junior Selection Grade, it was stated that this promotion was meant for matriculate Health worker, who had passed the Health Inspector Examination and petitioner being a matriculate and having passed the Health Inspector examination, was conferred the benefit of this promotion/revised pay-scale. Petitioner superannuated on 31st January, 2002 on the post of Trained Health Worker. His pension papers were processed and forwarded to Accountant General's Office for settlement of the pension claimed on the bas...
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