Jharkhand Court July 2006 Judgments
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Diwakar Giri Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-28-2006
Reported in: 2007(1)BLJR176; [2006(4)JCR421(Jhr)]
S.J. Mukhopadhaya, Acting C.J.1. This writ application has been preferred by the petitioner against the order contained in District Order No. 1455/2005 dated 28th May 2005 issued by the Superintendent of Police, Muzaffarpur, circulated vide memo No. 1452 dated 28th May 2005, whereby the service of the petitioner was terminated with immediate effect. He has also challenged Dhanbad District Order No. 870/05 dated 8th June 2005 issued by the Superintendent of Police, Dhanbad, circulated vide memo No. 2378 dated 8th June 2005, whereby and whereunder his services has been terminated on the ground that his appointment was found to be illegal by the State of Bihar.2. Learned Counsel for the petitioner submitted that the authority after taking into consideration the fact that the petitioner always helped the police in catching the criminals recommended for his appointment as constable and on the basis of such recommendation he was appointed as constable in the year 1996 and sent for Traffic Tr...
Shyama Charan Mishra Vs. Kamala Debya and ors.
Court: Jharkhand
Decided on: Jul-28-2006
Reported in: [2006(4)JCR624(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ application the petitioner has prayed for setting-aside the order dated 6.12.2004 passed by the Sub-Judge-II, Deoghar in Title Suit No. 44/02 whereby the petitioner's application dated 11.9.2003 praying amendments in the plaint has been rejected. The petitioner's grievance is that learned Court below has erroneously rejected the petitioner's prayer for amendments mainly on the ground that plaintiff petitioner has sought several amendments in the plaint though he had already filed a lengthy plaint of 61 pages and is expected to incorporate every thing. The Court below has also observed that if the proposed amendments are allowed, the same would change the nature of the suit, though no reason has been recorded for arriving at the said conclusion.2. Mr. K.P. Dev, learned Counsel for the petitioner, submitted that though number of amendments in the plaint have been sought for, the proposed amendments are formal in nature and number of the propos...
Banwari Lal Khandelwal and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-28-2006
Reported in: [2006(4)JCR424(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. This writ petition has been preferred by the petitioners for direction on the respondents to dispose of the application for renewal of Khas Mahal Lease in respect of land situated at village Okni, District Hazaribagh, having Holding No. 180, area 0.26 1/2 acres vide Hazaribagh Case No. 06 of 1977-78, pending before the 2nd respondent, Deputy Commissioner, Hazaribagh.2. From the counter-affidavit filed by the respondents, it appears that the land of Holding No. 180, plot No. 745, measuring an area Of 1.54 acres of village Okni, Thana No. 138 was leased out in favour of Shri Surat Kumar Gupta and Surendra Kumar Gupta before 1st April, 1978.The said lessee took loan of Rs. 12,26,354.26 paise from Chotanagpur Banking Association, Hazaribagh. Later on the said bank went in liquidation. Therefore, the official liquidator moved before Patna High Court for realization of the loan. In view of the order passed by the Patna High Court, the land was auction sold in...
Naresh Mahto Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-28-2006
Reported in: 2007CriLJ470
ORDERD.P. Singh, J.1. The sole appellant Naresh Mahto stands convicted for the offence Under Section 376 of the Indian Penal Code and sentenced to serve rigorous imprisonment for eight years, by the Sessions Judge, Hazaribagh in Sessions Trial No. 133 of 1993.2. Brief facts leading to this appeal are that in the afternoon of 26-7-1992, informant Lalita Devi has gone to field situated in MauzaKhutra to throw cow-dung. Further stated that when she was returning, she sat to ease herself in Rohania tand where all of a sudden, the appellant came there. Further stated he overpowered the informant and forcibly committed rape. The informant tried to resist, but because of the place being situated in a tand, nobody came to rescue her. The appellant fled away after committing rape threatening the informant not to disclose this incident to anyone. However, the informant reached her house and narrated the incident to her husband, and parents-in-law etc. Since in the evening heavy rains started, th...
Sanjay Kumar Sinha Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-27-2006
Reported in: [2006(4)JCR583(Jhr)]
Permod Kohli, J.1. Petitioner was appointed as Fireman on 7.6.1990. Vide memo No. 939 dated 15.9.2001 applications were invited from the persons who were desirous to go for the training for Sub Officers course duly conducted at Nagpur. Officials below the age of 50 years alone were asked to apply in the prescribed form. Petitioner is said to have applied for the aforesaid course. Even the financial liability of the course was also undertaken by the State Government as is evident from the memo No. 987 dated 25.9.2001. Petitioner was asked to file another application form, which was submitted and he was deputed for the course. He has successfully completed the course and was posted in the Central Store, Nepal House, Doranda, Ranchi as Fireman. He was later posted to Fire Brigade Service School, Dhurwa, Ranchi for imparting training to the officers in the department. Vide memo dated 16.10.2002, it was claimed that he has imparted training to number of Fireman/Leading Fireman/Driver. Vide ...
Surendra Prasad Shrivastava Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-27-2006
Reported in: [2006(4)JCR582(Jhr)]
ORDERPermod Kohli, J.1. Petitioner was engaged on 29th April, 1982 as Officiating Godown Watchman in Minor Irrigation Division at Koderma. He has filed this petition seeking regularization on the basis of his continuous engagement.2. In the counter affidavit filed, it is stated that petitioner is an eligible daily wager. His name figures at Sl. No. 541 of the list prepared for consideration for regularization.3. In so far the issue of regularization of employees is concerned, it has been finally settled by a Constitution Bench of the Apex Court in the case of Secretary, State of Karnataka and Ors. v. Uma Devi (3) and Ors. reported in : (2006)IILLJ722SC . Relevant observations of the Apex Court are contained in para 53 of the judgment which deals with the case of the petitioner. The said paragraph is noted hereunder:53. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. Narayanappa. R.N. Nanjundappa and B.N. ...
Havaldar Deonarayan Tamoli Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-27-2006
Reported in: [2007(2)JCR155(Jhr)]
Permod Kohli, J.1. Vide Memo No. 49 dated 05.02.2001, petitioner has been served with a chargesheet, whereby, he has been accused of giving the statement on 05.01.2001 in the Court of Shri P.N. Maurya, Judicial Magistrate, 1st Class against the Prosecution which is allegedly, likely to adversely affect the prosecution case. He has been further charged of giving such a statement despite a warning by the Additional Public Prosecutor. Petitioner was suspended on 19th of January, 2001 and on the basis of aforesaid allegations, he was accused of undutiful, doubtful integrity and indiscipline. As per the chargesheet against him, he was on duty in the court premises, where one accused, namely, Santu Singh S/o Mahadeo Singh was brought on 29th of November, 1999 in the court of Sadar Court, Daltonganj. It is alleged that the said accused fled away because of the negligence on the part of the petitioner. Accordingly, on the basis of the aforementioned charges a departmental proceeding was initia...
Amarjit Singh Vs. the State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-26-2006
Reported in: AIR2007Jhar23; [2006(4)JCR407(Jhr)]
Amareshwar Sahay, J.1. The prayer of the petitioner in this writ application is for quashing of the order dated 26.10.1999 as contained in Annexure-4, passed by the Deputy Commissioner, Singhbhum East at Jamshedpur whereby, in a proceeding under Section 6A of the Essential Commodities Act, 196 Quintal of wheat and 174 Quintal of sugar said to be belonging to the petitioner was confiscated apart from the two trucks regarding which the petitioner has no concern.2. The facts leading to the present case in short are that on 26.08.1998, an inspection was made in the premises of the petitioner at 8:00 A.M. and it was alleged that two trucks bearing Registration No. BR 14G - 8058 and HR 29A 7688 were loaded with sugar on that. It is alleged that a substantial quantity of sugar was already unloaded from truck No. BR 14G 8058 and only 54 quintals of sugar remained on the truck whereas the data of truck No. HR 29A - 7688 was intact and on counting 97 bags were found on that. The truck driver Ama...
Anirudh Behari Prasad and ors. Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Jul-26-2006
Reported in: [2006(4)JCR467(Jhr)]
S.J. Mukhopadhaya, A.C.J.1. The services of the appellants having been terminated by the Director, Secondary Education-cum-Joint Secretary, vide Memo No. 892 dated 28th June, 1997, on the ground of illegal appointment and the writ petitions being C.W.J.C. No. 7859 of 1997 and W.P.(S) No. 3867 of 2002 having been dismissed by the learned Single Judge vide common judgment dated 6th August, 2003, the instant appeal has been preferred by the appellants.2. The main plea taken by the appellants is that they having been legally appointed after following the procedure of appointment and their services having been regularized as back as in the year, 1990, there was no occasion for the authorities to reopen the issue.3. Learned Counsel for the appellants relied on the enclosures, attached with the writ petition and memo of appeal in support of the claim that advertisement was issued in pursuance of which the appellants applied, called for interview and after selection and preparation of merit li...
Kumari Nupur Ekka Vs. State of Jharkhand,
Court: Jharkhand
Decided on: Jul-26-2006
Reported in: [2006(4)JCR545(Jhr)]
Permod Kohli, J.1. On account of commonality of facts and law both these petitions are being disposed of by this common order.(W.P.(S) No. 1667 of 2004)2.. Petitioner, in this case, after acquiring Post Graduation Degree and B.Ed applied for selection/appointment for the post of. Assistant Teacher in Government Primary School. Pursuant to the advertisement notice dated 21.4.2003, issued by the Jharkhand Public Service Commission, she was issued admit card and written test was conducted. On 14.11.2003, merit list of successful candidates was issued wherein petitioner was declared successful in Scheduled Tribe category. She was placed in merit position no. 193. On the basis of selection and verification of testimonials petitioner came to be appointed vide order dated 21.12.2003. Her name figures at Sl. No. 35 of the-appointment order. She was posted at the Govt. Primary School, Jaranga, Angara, District-Ranchi. Pursuant to her appointment, she joined the post on 29.12.2003. Petitioner wa...
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