Jharkhand Court July 2006 Judgments
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Giribala Jha Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-17-2006
Reported in: AIR2007Jhar47; 2007(1)BLJR246; [2007(1)JCR156(Jhr)]
Narendra Nath Tiwari, J.1. In this writ application, the petitioner has prayed for quashing the order dated 30.10.2004 and 10.11.2004 passed by the Santhal Pargana Regional Transport Authority, Dumka (respondent No. 2), by which the petitioner's renewal was granted and thereafter he was directed to replace the existing 1990 model Bus by higher model within four months and also for quashing the order dated 14.5.2005, by which the petitioner's appeal against the said order has been dismissed by the State Transport Appellate Tribunal, Jharkhand in Transport Appeal No. 6 of 2004.2. The petitioner's case is that she is an aged lady and after the death of her husband she has been managing the business of bus plying on the route of Dumka to Rohini, two trips up and down daily on the basis of the stage carriage permit. The said stage carriage permit of the petitioner has been renewed by the authority in the meeting held on 30.10.2004 and 10.11.2004 but a condition has been imposed to replace 1...
BipIn Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-17-2006
Reported in: [2006(4)JCR420(Jhr)]
ORDER1. The appellant was dismissed from the post of Hawildar vide order, contained in Memo No. 210, Palamau dated 12th April, 2003, issued by the Commandant, Jharkhand Armed Police-VIII, Palamau, on the ground that he had taken liquor and misbehaved with his superiors. The appeal, preferred by him, was also dismissed by order dated 20th December, 2003, passed by the Deputy Inspector General of Police, Jharkhand Armed Police, Ranchi. Thereafter, the memorial preferred by the appellant was rejected by the Director General of Police, Jharkhand, Ranchi on 16th April, 2005, which was communicated to the appellant on 16th June, 2005 along with the letter dated 31st January, 2005, issued by the Deputy Inspector General of Police (Budget), Jharkhand, Ranchi to the Home Secretary, Jharkhand, Ranchi, whereby, it was also informed that the petitioner having taken in service on contract basis for a period of three years, his services are not extended.2. Learned single Judge refused to interfere w...
Neeraj Kumar @ Neeraj Thakur Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-17-2006
Reported in: [2007(1)JCR506(Jhr)]
ORDERD.K. Sinha, J.1. Heard the learned Counsel for the petitioner as well as the State.2. The petitioner has preferred this petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 with the direction to set aside the judgment passed by the Additional Sessions Judge F.T.C.I., Bokaro in Cr. Appeal No. 14/06 whereby and whereunder the order passed by the A.C.J.M., Bokaro dated 24.10.2003 declaring the petitioner a major was upheld and confirmed.3. From perusal of the certified copy of the order passed by the A.C.J. M. in G.R. No. 399/03 arising out of Marafari P.S. Case No. 20/2003 and relying upon the clinical, dental and radiological test of the petitioner, conducted by civil surgeon in which the age of the petitioner was assessed about 18/19 years and relying upon such medical report of the civil surgeon, the learned A.C.J.M., Bokaro held toe petitioner major and thereafter the case was committed to the Court of Sessions which is presently pending ...
Citizens' Cause Vs. the State of Jharkhand and Ors.
Court: Jharkhand
Decided on: Jul-14-2006
Reported in: AIR2007Jhar32; [2006(4)JCR238(Jhr)]
1. In this Public Interest Litigation, the petitioner had brought to the notice of the Court the malfunctioning of Rajendra Medical College and Hospital, Ranch) (now known as Rajendra Institute of Medical Sciences, Ranchi), alleging therein, that the Hospital was encroached by a number of persons; there was no boundary wall; no security arrangement; stray animals (specially dogs) and that anti-social elements were moving and visiting the Hospital as well as the residential area freely. The toilets and bathrooms were in dilapidated state and practically there was no supply of water and, as such, the Hospital was facing acute crisis. The internal wiring of the Hospital was in such a dangerous condition that it might cause accident at any point of time. Other malfunctioning was also brought to the notice of the Court.2. On 31st January, 2001 this Court, having noticed the allegations of non-functioning/malfunctioning of a crucial part of public life, dealing with health care of the reside...
Brinda Pandey Vs. State of Bihar,
Court: Jharkhand
Decided on: Jul-14-2006
Reported in: [2006(4)JCR456(Jhr)]
Amareshwar Sahay, J. 1. The petitioner, a police constable, was departmentally proceeded for the following charges:(1) He assaulted sepoy Kapildeo Mahto on 19/01/1991(2) He abused the Company Commander.(3) He got himself admitted in Sadar hospital, Madhubani on 30/01/1991 without obtaining Command Certificate.(4) He instituted a criminal case against sepoy Kapildeo Mahto without obtaining permission of the Commandant, and(5) He did not report at Battalion Headquarters as per the Command Certificate issued on 09/02/1991 and remained absent till 16/10/1991.2. The Inquiry Officer after holding enquiry held the petitioner partially guilty for the charge No. 1, i.e. regarding assault on sepoy Kapildeo Mahto and with regard to the charges 2 to 5, the Inquiry Officer held the petitioner, guilty for the said charges. Pursuant to the finding of the Inquiry Officer, the Disciplinary Authority passed an order as contained in Annexure-3 holding the petitioner guilty for all the charges 1 to 5 and ...
Shiv Kumar Yadav and anr. Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-14-2006
Reported in: [2007(1)JCR331(Jhr)]
D.K. Sinha, J.1. The petitioners herein have preferred this petition under Section 482 Cr.P.C. for quashing the order dated 9.11.2005 whereby the cognizance of the offence has been taken in Hazaribagh Sadar P.S. Case No. 408/2000 corresponding to G.R. Case No. 2210 of 2000 by the A.C.J.M., Hazaribagh.2. The brief fact of the case is that the complainant Baban Prasad had filed a Complaint Case No. 11 of 1999 in the Court of C.J.M., Hazaribagh against the petitioners stating therein that he was the General Secretary of the Hazaribagh Khan Parishad Karamchari Sangh, Hazaribagh which was registered and recognized one. He was working under the Mines Board Hazaribagh since 1.2.1992 on regular cadre against the appointment letter. It is further alleged that the petitioner No. 1 Shiv Kumar Yadav in connivance with the petitioner No. 2 Ravindra Nath had withdrawn a sum of Rs. 37,609/- by cheque as a regular employee though his service was neither confirmed nor he was duly appointed under the pr...
Awadh Prasad Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-14-2006
Reported in: [2006(4)JCR260(Jhr)]
Permod Kohli, J.1. Pursuant to selection made petitioner was appointed as Constable in the year 1997. It is alleged that selection was made after he cleared all the physical, educational and medical test. On joining the service, petitioner was deputed for training at Bokaro Arms Police Training Centre. On successful completion of the training, he was posted at Churchu Police Station in the district of Hazaribagh. While discharging his duty as a Constable, he was served with memo No. 1607 dated 1.6.2002 contained in office order No. 639 of 2002 dated 31.5.2002 whereby he was dismissed from service and thereafter relieved from 2.6.2002. It is termination of the petitioner which has been called in question in the present writ petition. Petitioner has referred to letters dated 26.10.1998 and No. 1476 dated 20.9.2001 written by K.A. Jacob, the then D.G.P., Bihar, Patna to Sri S.N. Biswas, Chief Secretary to Govt. of Bihar, Patna and to Umesh Narayan Panjiyar, Home Secretary, Bihar, Patna ap...
Ramendra Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-14-2006
Reported in: [2006(4)JCR558(Jhr)]
Permod Kohli, J.1. Petitioner is aggrieved by a communication dated 19th of April, 2002, issued by the Accountant General (A&E;)-II, Bihar & Jharkhand, Patna fixing his pension in the pay-scale of Rs. 4,000-6,000/- and also the memo. No. 63 dated 21st May, 2000, whereby amount of Rs. 22,298/- has been deducted from his gratuity. Accordingly a direction is sought for quashing the recovery memo as also the communication for fixation of the pension in the lower pay-scale and consequential direction for payment of the pensionary benefits in the pay-scale of Rs. 5,000-8,000/-. 2. Briefly stated sequence of events whereunder petitioner now a retired Government servant earned these promotions and pay-scales is as under: Petitioner joined as Head Clerk-cum-Store Keeper on his appointment on 14th of September, 1966 in the pay scale of Rs. 150-200/-in the Office of the Assistant Director of Industries, Quality Marking, Tirhut. He was made permanent on 01st of April, 1974. He was placed in the re...
Shrimati Lolen Kujur Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-14-2006
Reported in: [2006(4)JCR483(Jhr)]
Permod Kohli, J.1. Late Sukra Kujur, the husband of the petitioner was appointed as Assistant Teacher in the Lutheran High School, Gumla on 24th of February, 1962. It is alleged that he acted as in-charge Headmaster of the said School. In the year 1986, a regular Headmaster was appointed and some dispute arose regarding the Management of the School. This dispute finally landed in the High Court in Second Appeal No. 132 of 1986 (R). The Appeal was dismissed as infructuous but with certain observations. These are, however, not relevant for disposal of the controversies raised in this present writ application. It is also alleged by the petitioner that due to certain internal politics, husband of the petitioner was stopped from putting his signature on the Attendance Register and then he decided to maintain the Separate Attendance Register. The husband of the petitioner died on 23rd of January, 1999. During his life, he withdrew provident fund amounting to Rs.5,300/- from his account vide ...
Mochi Ram Singh Bhumij Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jul-14-2006
Reported in: [2006(4)JCR161(Jhr)]
R.K. Merathia, J.1. This appeal is directed against the judgment of conviction under Section 302, IPC and order of sentence of life imprisonment, both dated 3.4.1991, passed by Shri M.P. Tiwari, 3rd Additional Sessions Judge, Jamshedpur in Sessions Trial No. 576 of 1989.2. According to the Fardbeyan, lodged by Asha Bhumij (PW 2), wife of Mangal (the deceased), on 6.2.1989 at about 2 p.m. when Mangal was unloading bricks for constructing house on his land, which he got in his share from his father, the appellant who happens to be step-brother of the deceased, with Farsa, and his son Bharat (since acquitted) with arrow came out and protested to the unloading of bricks saying that the land belonged to them. On this, there was altercation and then the appellant chased Mangal and Assaulted him by 'Farsa', on his head, hands and legs, due to which he fell down. The incident was witnessed by nephew of the deceased Lobo Manjhi (PW 6); her 'Sautan Bharti (PW 4) and the neighbour Jhari Mahto (PW...
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