Jharkhand Court August 2006 Judgments
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Ruplal Manjhi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-22-2006
Reported in: [2007(3)JCR96(Jhr)]
ORDERPermod Kohli, J.1. Petitioner was serving as District Sub-Registrar, Ranchi. On the basis of certain allegations he was placed under suspension vide memo No. 1247 dated 11.6.2003. Thereafter, disciplinary proceedings have been initiated against him. The inquiry officer came to be appointed vide memo No. 1499 dated 22.9.2003. Mr. Pradeep Kumar, Deputy Commissioner, Ranchi was appointed as Inquiry Officer, Inquiry Officer was asked to complete the Inquiry within 15 days and submit his report. The inquiry was not completed within time specified in the aforesaid memo. Thereafter, Deputy Secretary (Registration Department) vide his communication dated 4.8.2004 asked the inquiry officer to complete the inquiry within one month. No inquiry was completed within the aforesaid period. Petitioner approached this Court in WPS No. 3435 of 2003 challenging his suspension. This petition was disposed of vide order dated 31.7.2003 and the Court declined to interfere with the order of suspension an...
Ajay Kumar Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-21-2006
Reported in: 2007(1)BLJR361
R.R. Prasad, J.1. The appellant Ajay Kumar was put on trial to face charges under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 as well as under Section 414 of the Indian Penal Code for having possession of brown sugar without any licence and stolen pair of silver payal and chain. The trial court having found the appellant guilty under Section 20 of the Narcotic Drugs and Psychotropic Substance Act sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1 lac and in default of making payment to undergo further rigorous imprisonment for 2 years. 2. The case of the prosecution is that one Hareram Sharma, Sub-Inspector of Police was deputed at 'Durgabadi' along with the armed force to maintain law and order on the occasion of Durgapuja. On 3.10.2003 at about 7 p.m. while he was on duty at Durgabadi, he received secret information that some body has been selling brown sugar on the bank of the river. On getting such information, he along ...
Mata Hessa Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-21-2006
Reported in: [2007(1)JCR115(Jhr)]
D.P. Singh, J.1. The sole appellant. Mata Hessa has preferred this appeal against the judgment and order dated 12.6.2002 and 13.6.2002 passed by the 3rd Additional Sessions Judge. Chaibasa in Sessions Trial No. 254 of 2000 whereby and whereunder the appellant has been convicted under Section 304 Part II of the Indian Penal Code and has been sentenced to undergo R.I. for seven years.2. Brief facts leading to his conviction are that in the evening of 17.3.2000 the informant Boti Kui was sitting in her house alongwith the deceased Turi Banra situated in village Chalgi, P.S. Tonto, district West Singhbhum. Further stated that they were quarrelling on some topic on which the mother of the appellant came and asked them not to fight over the matter. This infuriated the deceased and he started abusing Lini Kui and sent her out of his house. According to informant after some time Sardar Hessa husband of Lini Kui and the appellant son of the said Lini Kui came in the house and started abusing he...
Sushil Prasad Singh Vs. the State of Bihar and ors.
Court: Jharkhand
Decided on: Aug-21-2006
Reported in: [2007(1)JCR255(Jhr)]
Permod Kohli, J.1. Petitioner was posted as Co-operative Development Officer-cum-Member Secretary, Galudih Lamps, Kuchai Block. He was placed under suspension vide order dated 13th October, 1982. He was served with the chargesheet vide Memo No. 986 dated 14th May, 1984 issued by the Additional Registrar, Cooperative Society, South and North Chhotanagpur Division, Ranchi. He was directed to deposit Rs. 5,000/-. He was further directed to present before the Enquiry Officer and submit his reply to the charges. Latter he was served with Memo No. 4328 dated 14th July, 1994 to show cause why he be not removed from service. He finally replied thereto. Without taking any decision on the disciplinary proceedings by the respondents, petitioner was retired from service on 9th March, 1997 on attaining the age of superannuation.2. Petitioner filed this petition claiming full salary for the period of suspension till the date of retirement i.e. i.e. October, 1982 to 9th March, 1997 and all retiral be...
Dilip Kumar Roy Choudhary and ors. Vs. Jitendra Investment Co. Ltd.
Court: Jharkhand
Decided on: Aug-21-2006
Reported in: [2007(1)JCR21(Jhr)]
ORDERNarendra Nath Tiwari, J.1. The defendant-appellant has preferred this appeal against the judgment and decree dated 22nd December, 2003 passed in Title Appeal No. 35 of 2003, upholding and affirming the judgment and decree dated 23.9.1995 passed by learned Sub Judge, Dhanbad in Title Suit No. 89 of 1990.2. The plaintiff filed the suit praying relief for a decree for declaration of his title and for recovery of khas possession and also for permanent injunction.3. The plaintiffs case was that the suit land appertaining to Khata No. 16 and 143, Plot No. 3334, area 62 decimals out of 17 Katthas and 15 chatak and plot No. 2019 area 15 Kathas and 8 chataks upon which one single storied building having two separate flats was constructed, consisting of 5 rooms, one kitchen, sanitary latrine, one bathroom and three verandahs of which the plaintiff-company is the owner. The said property of the company M/s Jitendra Investment Company was being looked after by one of its directors, namely, Sr...
Sushantu Kumar Sinha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-21-2006
Reported in: [2007(1)JCR273(Jhr)]
ORDERS.J. Mukhopadhaya, A.C.J.1. The petitioner, who was working as a Clerk since 1973, was suspended on 29th September, 1994 and a departmental proceeding was initiated vide resolution bearing Memo No. 304 dated 20th April, 1995. It was alleged that the petitioner misusing his post has taken part in the matter of illegal and forged appointments as also issued forged purchase order of medicine. The petitioner filed a show cause reply denying the allegation wherein-after the order of suspension was revoked. Later on, the revocation of order of suspension was recalled by order dated 11th December, 1995 and thereby he was treated to be continuing under suspension. The said order was challenged by the petitioner before the Patna High Court in C.W.J.C. No. 1388 of 1996, wherein the Patna High Court, by order dated 19th November, 1996, while did not choose to interfere with the order of suspension, directed the authorities to pass final order in the departmental proceeding by 18th December, ...
Diwakar Mahto and ors. Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Aug-21-2006
Reported in: 2007(2)BLJR1565; [2007(4)JCR451(Jhr)]
Narendra Nath Tiwari, J.1. The appellants were tried for the charges Under Sections 307, 325, 324, 148/149 of the Indian Penal Code and convicted and sentenced by the judgment and order passed by learned Additional Sessions Judge, Fast Track Court, Bokaro. The appellant No. 10 Chotu Mahto has been sentenced to undergo rigorous imprisonment for five years Under Sections 307/149 of the Indian Penal Code; rigorous imprisonment for two years Under Sections 325/149 of the Indian Penal Code; rigorous imprisonment for one year Under Sections 324/149 of the Indian Penal Code; rigorous imprisonment for one year Under Sections 148/149 of the Indian Penal Code. All the sentences are to run concurrently. The rest 14 appellants have been sentenced to undergo rigorous imprisonment for five years Under Section 307/149 of the Indian Penal Code; rigorous imprisonment for two years Under Sections 325/149 of the Indian Penal Code and rigorous imprisonment for one year Under Sections 148/149 of the Indian...
Azad Khan @ Ajju Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Aug-21-2006
Reported in: [2007(4)JCR491(Jhr)]
Narendra Nath Tiwari, J.1. The appellant was put on trial for the offence under Section 376 of the Indian Penal Code (for short 'IPC') and was convicted and sentenced to undergo rigorous imprisonment for seven years and further to pay fine of Rs. 1000/- and in default to undergo simple imprisonment for one year.2. The prosecution case, in short, is that on 17.4.2000 at about 9:00 A.M. P.W. 6, Priya Kumari, the victim girl, aged about six years, was sexually assaulted and raped by the accused-appellant in the cabin of his truck parked nearby his house. P.W. 5, Punam Singh (informant), the victim's mother, witnessed the incident when she went near the cabin and peeped inside she found the appellant lying physically on her daughter removing her underclothes. On seeing the informant (P.W. 5), the appellant ran away through the opposite door closing the zip of his pant. P.W. 5, the informant, found her daughter lying senseless with injuries and swelling on her private parts.3. On the basis ...
Mokro Gagrai Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-21-2006
Reported in: [2007(1)JCR416(Jhr)]
R.R. Prasad, J.1. The sole appellant, Mokro Gagrai was put on trial to face charge under Section 5 of the Explosive Substances Act on an accusation that he knowingly keep explosive substance (bomb) under this control not for a lawful object. Learned Sessions Judge having found the appellant guilty convicted him under Section 5 of the Explosive Substances Act and consequently sentenced him to undergo RI for a period of two and half years.2. The case of they prosecution is that on 3.8.1990 the informant, Oman Kangari, PW 3 while was on patrolling duty along with other police personnel, namely, Anil Kumar Mawar (PW 2), Radhey Shyam Singh (PW 4), S.D. Upadhya, B.B. Singh, Havildar Mahabir Minj and Havildar Ganeshi Harijan, apprehended one Naresh Kashea @ Chengna @ Bihari on the road near Deogaon school and on his disclosure, a raid was laid in the house of this appellant at village Banmalipur in presence of two independent witnesses, namely, Bishwa Kachchap and Raju Saw and recovered a cou...
Kamta Pandey Vs. B.C.C.L. and ors.
Court: Jharkhand
Decided on: Aug-18-2006
Reported in: [2007(1)JCR112(Jhr)]
Permod Kohli, J.1. Petitioner an employee of the Respondent No. 1-Company has raised the dispute about the date of birth. According to the petitioner at the time of his appointment as Pay-Loader Operator in the year 1971, he was issued Identity Card, whereunder his date of birth is recorded as 01.07.1951. The same date of birth was reflected in the Matriculation Certificate as also the 'Seva Abhilekh' (record of the Company). He has further relied upon the National Coal Wage Agreement III dated 25th of April, 1988. Instruction No. 76 of this bilateral agreement between the Company and the Unions deals with the procedure for determination/verification of age of employee which reads as under:(A) Determination of the age of the employee at the time of appointment.(i) Matriculates.In the case of appointees, who have passed Matriculation or equivalent examinations the date of birth recorded in the said certificate shall be treated as correct date of birth and the same will not be altered un...
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