Jharkhand Court September 2006 Judgments
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Ambika Engineering Works, Represented by Its Sole Proprietor, Awadh Bi ...
Court: Jharkhand
Decided on: Sep-25-2006
Reported in: [2007(3)JCR518(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioner has sought a direction on the respondents to provide a fresh electric connection to the petitioner unit of 10 H.P., 3 phase line so that the unit can restart its production. The petitioner's line was disconnected by the respondents on 9.7.97 due to non-payment of energy bill to the tune of Rs. 1,67,294.00. It has been stated that out of the said outstanding dues, the petitioner has deposited Rs. 37,263.00 on 11.1.05, Rs. 1,00000 has been paid while he was so directed as a condition for grant of anticipatory bail on 31.1.06 and Rs. 18,000 was deposited as the security amount and that now there is no outstanding dues against the petitioner. The respondents, however, have been denying electricity connection on the ground that the petitioner was found pilfering electricity by way of hooking from Board's LT line through all three phases and the Board has provisionally assessed loss of Rs. 4,20,000 and an FIR has been lodged agai...
Meena Kumari Rai Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-25-2006
Reported in: [2007(3)JCR516(Jhr)]
ORDERD.K. Sinha, J.1. The petitioner Meena Kumari Rai apprehends her arrest in connection with Hazaribagh Sadar P.S. Case No. 308 of 2002 corresponding to G.R. Case No. 1899 of 2002 for the alleged offence under Section 409 of the Indian Penal Code.2. The prosecution story in brief is that the petitioner was posted at Hazaribagh as District Education Officer from 4.8.1999 to 5.1.2000 and she Was transferred to Bhabhua, where she joined on 6.1.2001. It was alleged that during her posting at Hazaribagh the petitioner was taking the assistance of Chandradeo Pathak a clerk in the establishment section and another Ram Sharma, an assistant in the District Education Office and Sub-divisional Education Office respectively, in spite of communication of their transfer order. It was alleged that a number of records as described in the written report dated 26.7.2002 were lying with the petitioner and the said two clerks unauthorizedly retained the documents and records in spite of directions of th...
Chonhati Panna, (Miss) Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-21-2006
Reported in: [2007(2)JCR141(Jhr)]
ORDER1. Heard.2. It appears that the petitioner-appellant approached this Court by filing writ petition WP (S) No. 6051/2003 for quashing of the seniority list prepared for 877 officers of the State Administrative Service, published in the newspaper on 26th November, 2003. Further prayer of the writ petitioner was for quashing of the recommendation of 41 officers of the State Administrative Service, whose names were proposed by the State Government for promotion to the rank of Indian Administrative Service and also to consider the case of the petitioner for promotion in the Super Time Grade-I in the rank of Additional District Magistrate.3. The learned Single Judge by the impugned order dated 15.5.2006, after considering the facts and circumstances of the case, held that this Court cannot seize the role of Selection Committee to find out who are the persons entitled to be listed in the consideration zone and it is for the Selection Committee to include the names of those persons, who, ...
Umesh Kumar Singh Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-20-2006
Reported in: 2007(1)BLJR389; [2007(1)JCR81(Jhr)]
Permod Kohli, J.1. Petitioner has challenged the departmental proceedings initiated against him vide order No. 46 dated 16th of April, 2004. The ex parte enquiry Report issued under Order No. 680 dated 19th of May, 2005 and show cause notice dated 19th of October, 2005, issued by Respondent No. 3 asking the petitioner why action be not taken against him pursuant to departmental enquiry conducted against him. He has further prayed for payment of full salary and allowance during the period of suspension. It is relevant to briefly state the background, whereunder, petitioner has preferred this writ petition. Petitioner was serving as a Range Officer in the Forest Department in the State of Bihar. Vide Order dated 09th of September, 2003, he was placed under suspension on account of certain allegations. Suspension order was communicated to him on 24th of September, 2003. In the meanwhile, order dated 16th of April, 2004 was passed for initiation of departmental proceedings against the peti...
Madan Prakash and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-20-2006
Reported in: AIR2007Jhar63
ORDERPermod Kohli, J.1. Petitioners 1 to 4 and 6 have passed Secondary School Examinations as well as Senior School Certificate Examinations from the I Central Board of Secondary Education, as detailed hereunder:Petitioner no. Year of passing Class 10 Year of passing +21 2002 20042 2003 20053 2004 20064 1998 20006 1998 2000As far petitioner No. 5 is concerned, she passed Secondary School Examination in the year, 2002 from Jharkhand Secondary Examination Board, Ranchi and I.Sc. Examination, 2004 from Bihar Intermediate Education Council, Patna.2. All the petitioners claim to be the members of Scheduled Caste. They also claim to be the local residents of the State of Jharkhand. Petitioners are in possession of Local Resident Certificates and Caste Certificates, issued by the competent authorities in the State ofJharkhand. Pursuant to the advertisement notice, issued by the Jharkhand Combined Entrance Competitive Examination Board for admission to 1st Year Degree Course in Engineering/Med...
Ghasiram Kaibarto Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-20-2006
Reported in: [2007(1)JCR60(Jhr)]
1. Sole appellant Ghasiram Kaibarto stands convicted for the offence under Section 302 of the Indian Penal Code and sentenced to serve rigorous imprisonment for life, by the learned 1st Additional Sessions Judge, East Singhbhum, Jamshedpur in Sessions Trial No. 123 of 1995.2. Brief facts leading to this appeal are that the appellant was married with one Artibala Kibarto, daughter of deceased Nakur Kaibarto and sister of deceased Konda Kaibarto. The appellant, later on, married with another lady and deserted PW 5 Artibala Kaibarto, for which a case was instituted upon him. The matter was finally settled between them, after the appellant and his father registered one and half bighas of land in her favour. On the date of occurrence, 29.5.1994, the deceased persons had gone to plough the said land at about 7.00 a.m. The informant, Shiv Kaibarto (PW 4) and cousin brother of PW 5, learnt at about 8.00 a.m. that both of them were killed by the appellant with sword and arrows. The informant ru...
Falo Mandal and anr., Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-20-2006
Reported in: [2007(1)JCR40(Jhr)]
1. All the appellants on being tried, have been found and held guilty for the offence under Section 304-B/34 of the Indian Penal Code by common judgment dated 8.8.2001 and 10.8.2001 respectively passed by the Sessions Judge, Deoghar in Sessions Trial No. 158 of 1999 and sentenced to undergo rigorous imprisonment for life each. As all the appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.2. The factual matrix leading to their conviction are that Basanti Devi, sister of informant Bachoo Sao (PW 14) was married with Kaleshwar Mandal. son of appellants Panchanan Mandal and Malti Devi and brother of appellants Falo Mandal and Daso Mandal, about five years before the occurrence. According to the informant, on 12th of August. 1998, he was informed that his sister Basanti Devi has received burn injuries and admitted in Sadar Hospital, Giridih for treatment. The informant along with other members of his family arrived at Sada...
Arvind Kumar Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-20-2006
Reported in: [2008(1)JCR138(Jhr)]
ORDERPermod Kohli, J.1. Petitioner is aggrieved of Notification No. 1779 dated 5th July, 2005, issued by the Joint Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi, imposing punishment of reduction in rank upon the petitioner by reducing his pay scale of Junior Selection Grade (Rs.3000-4500/-, un-revised) to the pay scale of Basic Grade (Rs. 2200-4000/- un-revised) from the date of issuance of the notification.2. Petitioner was serving as District Superintendent of Education, Dumka. He was placed under suspension with effect from 1st March, 2002 on certain allegations of service misconduct. He was served with the charge sheet vide Resolution No. 893 dated 31st March, 2002 and as many as nine charges were framed. One Sri K.K. Srivastava, Director, Higher Education, Human Resources Development Department, Government of Jharkhand, Ranchi was appointed as enquiry officer to conduct the departmental proceeding against the petitioner. After completion of the...
Madan Gopal Prasad and anr. Vs. State of Bihar Through the Chief Secre ...
Court: Jharkhand
Decided on: Sep-20-2006
Reported in: [2007(2)JCR171(Jhr)]
R.K. Merathia, J.1. Petitioners had filed this writ petition for quashing the notification issued by the State Government, Department of Forest and Environment vide memo No. 3056 dated 1.8.1998 (Annexure-5), whereby and whereunder promotion order of petitioners along with Ram Bishun Singh was cancelled.2. Though, petitioners have raised several points but Mr. A.K. Sinha, learned senior counsel appearing for the petitioners, submitted that the said order was passed without any notice or show cause to the petitioners. He further submitted that other person Ram Bishun Singh filed a writ petition challenging the self same order being CWJC No. 2272 of 1998 (R), which was disposed of on 18.11.1998 for passing a fresh order after giving reasonable opportunity of hearing. Mr. Sinha prayed for a similar order.3. Mr. Rahman, appearing for the respondents, submitted that after writ petition being CWJC No. 1342 of 1996 (R) was disposed of on 26.7.1996 (Annexure-4), a scrutiny was made and it was f...
Pakku Marandi Vs. Miru Hembrom @ Tok Hembrom and ors.
Court: Jharkhand
Decided on: Sep-20-2006
Reported in: [2007(3)JCR112(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application, the petitioner has prayed for setting aside the order dated 26.7.2006 passed by learned 4th Additional District Judge, Godda in Succession Case No. 2 of 2005, whereby the petitioner's petition dated 3.7.2006 as also the written statement have been rejected for not filing the same within time, granted by the Court below.2. It has been stated that though there was some delay in filing written statement, yet the same is not intentional and wilful, as the petitioner could not file the written statement because of her illness. If the petitioner's written statement is not accepted, she shall suffer irreparable loss and injury and shall be highly prejudiced and will not be able to defend the said case.3. Learned Counsel appearing on behalf of the respondent No. 4 submitted that there was wilful delay on the part of the petitioner and she has leisurely filed written statement after inordinate delay and even after the date fixed by the Court belo...
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