Jharkhand Court August 2006 Judgments
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Satyendra Kumar Dubey Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Aug-22-2006
Reported in: 2007(1)BLJR270; [2007(1)JCR92(Jhr)]
Permod Kohli, J.1. Petitioner is seeking quashment of notification contained in Memo No. 5407 Fin. Dated 3.9.2002 (Annexure-5) issued by Deputy Secretary, State of Jharkhand whereby decision has been taken to grant pay scale of Rs. 5000-8000/- to the Accountants working in the Treasury Office, who are appointed before 1979. However, Accountants of the Treasury appointed on compassionate ground after 1979 will be placed in the pay scale of Rs. 4000-6000/- and will not be entitled t6 pay scale of Rs. 5000-8000/- w.e.f. 1.1.1996.2. Petitioner was appointed on compassionate ground as Clerk on 24.4.1982 in the pay scale of Rs. 580-860. This pay scale was revised w.e.f. 1.1.1986 to Rs. 1200-1800 and thereafter to Rs. 1400-2600. It is further averred in the petition that the State has framed Rules under Article 309 of the Constitution of India for the employees working in the Treasury. These Rules were circulated vide notification No. 898 dated 31.12.1990. Post of Clerk under these Rules is t...
Bijay Kumar Sahay Vs. Damodar Valley Corporation, Through Its Chairman ...
Court: Jharkhand
Decided on: Aug-22-2006
Reported in: 2007(1)BLJR265; [2007(1)JCR37(Jhr)]
Permod Kohli, J.1. Petitioner is aggrieved of non-consideration for appointment to the post of Junior Clerk-cum-Typist on compassionate basis.2. Facts relevant for the purpose of present petition are noticed hereunder:Father of the petitioner, namely, Uma Pati Sahay was an employee of Damodar Valley Corporation and was posted in T.S.C. Division III at Panchet. He died in harness on 28.7.1992. After death of the deceased-employee, petitioner's mother filed an affidavit dated 25.8.1992 seeking compassionate appointment for the petitioner. In this affidavit, it was disclosed that her eldest son, namely, Sanjay Kumar Sahay is an employee of D.V.C. at Maithon but he has no concern for the maintenance of her family and living separately. Petitioner's name was brought on the panel prepared for appointment on compassionate ground. This was pursuant to a formal application made by mother of the petitioner, namely, Bimla Sahay dated 4.2.1993 to the Director of Personnel, DVC seeking compassionat...
Dr. Kailash Vihari Vs. Birla Institute of Technology and ors.
Court: Jharkhand
Decided on: Aug-22-2006
Reported in: 2007(1)BLJR258; [2007(1)JCR58(Jhr)]
Permod Kohli, J.1. Petitioner has questioned Letter No. 246 dated 5th September, 2002 issued by Respondent No. 3, whereby one Sri B.B. Pant, Registrar, has been appointed as Enquiry Officer to enquire into alleged charges against the petitioner. He has further prayed for a direction to make payment of full salary along with interest for the period of suspension from 16th September, 1999 to the date of retirement i.e. 30th November, 2001.2. It is necessary to notice briefly the factual background. Petitioner was appointed as Assistant Professor in Birla Institute of Technology, Mesra (hereinafter to be referred as 'BIT'). He continued to work on the post till his retirement on attaining the age of superannuation i.e. on 30th November, 2001. On the basis of some complaint said to be made by one Lal Mirtyunjay Nath Sahdeo, petitioner was placed under suspension vide Letter No. 3206 dated 16th September, 1999 by Respondent No. 3. He was also served with charges. He was intimated regarding ...
Bharat Coking Coal Ltd. and Tata Iron and Steel Company Vs. the State ...
Court: Jharkhand
Decided on: Aug-22-2006
Reported in: [2007(1)JCR25(Jhr)]
Permod Kohli, J.1. Petitioners in all these petitions are mining lessees/ licensees of minerals like coal, iron ore and copper ore. They are aggrieved by Notification No. SC-10-A/99-547/M dated 10th February, 1999 issued by the Mines and Geology Department, allegedly issued under Rules 64 of the Mineral Concession Rules 1960 framed under Section 13 of the Mines and Minerals (Development & Regulation) Act, 1957, whereby direction has been issued to all the lessees/licensees of iron ore, copper ore and coal to ensure the payment of the royalty in respect of daily despatches of minerals through the Treasury challans or bank draft on the following day. It is further provided that payment shall be adjusted against the amount payable by the lessees. It further stipulates that earlier directions to the extent in consistent with this notification shall be deemed to be amended. This notification was made effective from the date of its issue.2. Petitioners have challenged the constitutionality, ...
Mahtab Ahmad Siddique Vs. the State of Jharkhand Through the Secretary ...
Court: Jharkhand
Decided on: Aug-22-2006
Reported in: 2007(1)BLJR328; [2007(1)JCR278(Jhr)]
Permod Kohli, J.1. Petitioner was appointed as Teacher under Madarsa Rahmania, Sunderchak in the district of Godda by the Managing Committee of the School. This School later came to be affiliated to Bihar Madarsa Education Board, Patna w.e.f. 30.1.1990. It is alleged that while working as a Teacher he was sent for in service Teachers Training by the District Education Officer, Godda under the direction of Director, Primary Education & Special Secretary, Bihar and was deputed in Government Primary Teachers Training College, Gumma, Godda. On completion of the training, he appeared in the Teachers Training Examination conducted by Jharkhand Secondary Examination Board, Ranchi and was declared successful in the said Examination conducted for the session 1998-1999. Jharkhand Public Service Commission, Ranchi invited applications for the post of Primary Trained Teachers under the District Cade vide its advertisement in the Newspaper dated 29.8.2002. As many as 579 vacancies were notified for...
Kailash Prasad Agarwalla and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-22-2006
Reported in: [2006(4)JCR617(Jhr)]
ORDERD.K. Singh, J.1. The petitioners have preferred this Cr. Revision for setting-aside the order impugned passed by the S.D.J.M., Dhanbad in G.R. No. 4380/93 on 21.11.05 whereby and whereunder their petition for discharge was dismissed.2. Learned Counsel submitted that in the present case chargesheet was submitted against the petitioners and two others for the offence under Sections 420/468/471/379 read with Section 120-B, IPC as also under Section 7 of the Essential Commodities Act to which a discharge petition was filed on behalf of the petitioners which was rejected with the observation.Heard both the sides and perused the case record. After perusal of the case record it appears that the raised points are subject-matter of trial which would be examined later on and there is sufficient materials available on the record against the accused persons for framing of charge. If these material available on the record are kept un-rebutted against the accused persons this would warrant conv...
Management of Gammon India Limited Vs. Presiding Officer, Labour Court ...
Court: Jharkhand
Decided on: Aug-22-2006
Reported in: [2006(4)JCR426(Jhr)]; (2006)IIILLJ875Jhar
R.K. Merathia, J.1. The petitioner has prayed for setting aside the award dated 20.5.1997 pronounced on 14.1.1998 by the Presiding Officer, Labour Court, Ranchi (respondent No. 1) in Reference Case No. 15 of 1992 (Annexure 1) directing reinstatement of respondent No. 2 with full back wages and consequential benefits.2. The following dispute was referred for adjudication by notification dated 14.12.1992:Whether the termination of services of Gorakh Nath Prasad, Assistant Mechanic, Gammon India Limited, Birsa Chowk, Ranchi is proper? If not, whether he should be reinstated on work or/and should get compensation?3. The case of respondent No. 2 was as follows. He was appointed as Assistant Mechanic on 27.9.1982 and continuously worked till 12.4.1984. He proceeded on leave on 13.4.1984 due to his sickness with due permission but he could not join his duty on expiry of leave due to serious sickness of his father. After four days of expiry of the sanctioned leave, when he reported for duty on...
Meraj Ansari and Shakil Ansari Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-22-2006
Reported in: [2007(1)JCR168(Jhr)]
D.P. Singh, J.1. Appellants Meraj An-sari and Shakil Ansari on being tried, have been found and held guilty for the offence under Section 307/34 of the Indian Penal Code passed by the Additional Sessions Judge, Lohardaga in Sessions Trial No. 225 of 2001 and sentenced to undergo rigorous imprisonment for seven years each. As both the appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.2. The prosecution facts are that in the evening of 26.11.2000. informant. Ashif Hussain, was returning after easing himself at 7.30 p.m. when these two appellants assaulted him with sharp cutting weapon, bhujali and katari, resulting in serious injuries on his vital parts. The informant raised alarms on which, villagers started assembling and the appellants fled away. The reason behind this attack was that he has made complaint to the family members of the appellants regarding them.3. The informant was moved for his treatment at Sardar H...
Hanif Ansari and ors. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-22-2006
Reported in: [2007(1)JCR449(Jhr)]
Amareshwar Sahay, J.1. All the four appellants were charged for the offence under Section 307 of the Indian Penal Cod for assaulting Abdul Hamid Ansari. Rasid Ansari, Habib Ansari and others with an intention to kill them. They were further charged under Section 324/34 of the Indian Penal Code for committing theft of standing paddy crops of Abdul Hamid Ansari.The learned Trial Court, by impugned judgment of conviction and sentence dated 9.2.2004 and 10.2.2004 in Sessions Trial No. 90 of 1997, convicted the appellants for the offence under Section 326 of the Indian Penal Code only and sentenced them to undergo Rigorous imprisonment for a period of three years each.2. The prosecution case in short is that on 28.10.1996, at about 9.00 a.m., Kalim Ansari. Hanif Ansari, Rozauddin Ansari and Gambhir Ansari (appellants herein) were cutting the paddy from the field of the informant i.e. from Plot No. 546, Khata No. 82, Area 0.29 Acres of Village-Badhni, PS-Sisai, District-Gumla. The informant ...
Dhadhum Hansda and ors. Vs. Gopal Tudu and ors.
Court: Jharkhand
Decided on: Aug-22-2006
Reported in: [2007(2)JCR167(Jhr)]
ORDERN.N. Tiwari, J. 1. This is the plaintiffs-appellants-appellants' appeal, against the judgment and decree of affirmance dated 15th July, 2004 passed by the First Additional District Judge, Pakur in Title Appeal No. 74 of 1985 upholding the judgment and decree dated 20th July. 1985 passed by learned Subordinate Judge, Pakur in Title Suit No. 17 of 1982.2. The plaintiffs had filed the suit in representative capacity on behalf of 16 annas raiyats of village Ramnathpur, P.S. Hiranpur Dist. Pakur, praying for a decree declaring that the suit land measuring 20 bighas 16 kathas and 16 dhurs of Jamabandi No. 20 is a 'fauti' land and that the defendant No. 1 is not the adopted son of Shankho Soren and the registered deed of adoption dated 20.5.1969 is void, farzi and not binding on the plaintiffs and that the decision of the Sub-Divisional Officer, Pakur in R.L. Case No. 73 of 1969-70 and that appellate and revisional orders arising out of the same are not binding upon the plaintiffs.3. The...
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