Jharkhand Court October 2007 Judgments
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The Workmen of Loyabad Colliery Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Oct-04-2007
Reported in: [2008(1)JCR549(Jhr)]
ORDERAmareshwar Sahay, J.1. This review petition has been filed by the petitioner for review of the order dated 18/06/2003 allowing the letters patent appeal and setting aside the decision of the learned Single Judge passed in C.W.J.C. No. 1719 of 1995 (R) on 31/10/2002 whereby the writ application was dismissed.2. The facts in short are that the concerned workman namely, Dashrath Dusadh, who was an employee of Bharat Coking Coal Limited, was charged for committing gross misconduct by taking active part in assault of Sri A.K. Tulli, Area Manager (Technical) and his wife on 1st December 1981 near his Bungalow and, since thereafter, he absconded without any information or leave. A domestic enquiry was conducted against the concerned workman and after an enquiry, the concerned workman was dismissed from service having found the charges against him to be proved.3. An industrial dispute was raised and was referred for adjudication before the Tribunal. The reference reads as follows:Whether ...
Triloki Prasad Yadav and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Oct-04-2007
Reported in: [2008(1)JCR482(Jhr)]
ORDERN.N. Tiwari, J.1. In this Cr MP the petitioners have prayed for quashing the order taking cognizance dated 22.1.2004 passed by the Chief Judicial Magistrate, Koderma in connection with Satgawa P.S. Case No. 6/02 (G.R. Case No. 42/02). By the impugned order the Chief Judicial Magistrate has taken cognizance of the offences under Sections 414 and 120B IPC against the petitioners.2. The prosecution case in brief is that on the written report given by one Sarju Paswan, the FIR was lodged. According to the informant, on 22.1.2002 at about 9 P.M. he saw that a loaded tractor was coming from Village-Dhab and was going towards metal road. The petitioners were the occupants in the said Tractor. Sacks of wheat were found loaded on the Tractor. When the informant inquired from the petitioner No. 2, about the destination of wheat, loaded on Tractor, he replied that the informant has no business to make such enquiry or to ask about the destination of wheat etc. In the meanwhile, some villagers...
Mahadeo Oraon Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Oct-03-2007
Reported in: [2008(1)JCR55(Jhr)]
Ramesh Kumar Merathia, J.1. Petitioner has challenged the letter dated 10.5.2003 (Annexure 3) on the ground that he could not be declared unfit for promotion on the basis that his service records were unsatisfactory.2. Mr. Rajendra Krishna, learned Counsel appearing for the petitioner, submitted that the effect of the punishment of black mark awarded in 1997 lost it's force in the year 2000. He further submitted that petitioner has not been communicated with any other adverse remarks within last five years and, therefore, the other adverse remarks, if any, could not be taken into account. He further submitted that one Harilal Yadav, against whom there were 75 punishments including major and minor and who got only 32 rewards was promoted to the post of Inspector, whereas against the petitioner, there were 36 punishment till 1997 within which 8 were major and 28 were minor and, therefore, if the case of Harilal Yadav can be considered for promotion, the case of the petitioner cannot be d...
Rakesh Kumar Jha Vs. Jharkhand State Housing Board and ors.
Court: Jharkhand
Decided on: Oct-03-2007
Reported in: [2008(2)JCR228(Jhr)]
1. Today the 4th report has been filed by the learned Advocate General. As per the report, 10 days special cleaning drive and awareness programme will be started from 01/10/2007 to 10/ 10/2007 in the city of Ranchi. During these 10 days special cleaning programme the dump of garbage shall be removed and bleaching powder and B-tex shall be spread over, after cleaning the drains. The date wise list of special cleaning drive of the concerned areas are as follows:---------------------------------------------------------------------------SI. Date AreasNo.---------------------------------------------------------------------------1 01.10.2007 1. S.S.P. house to Sahid Chowk,2. Sahid Chowk to Kali Sthan, Main Road, Wool House;3. Wool House to Ratan Talkies.4. Ratan Talkies to Over Bridge5. Harmu Main Road Tempo Stand to Mukti Dham6. Argora Chowk to Ashok Nagar Road No. 4.7. Kali Sthan Road to Bahu Bazar;8. Pathalkudwa Road to Chowk;9. Albert Ekka Chowk to Lalpur Chowk through H.B. Road10. Sarja...
Shyama Nand Pandey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-03-2007
Reported in: [2008(1)JCR576(Jhr)]
1. The appellant was the 6th respondent in the writ petition. According to the counsel for the appellant the learned Single Judge has committed a serious error in directing for restoration of possession to the petitioner in the writ petition having held that the matter can only be settled in the civil court. Further it was pointed out that the order of cancellation passed by the S.D.O. is well within his jurisdiction since the land belongs to the Government. He also cited various decisions in order to substantiate his plea that the order of the S.D.O. is perfectly justified and the order of the learned Single Judge is not valid in law.2. There is no dispute in the fact that Ashok Kumar Singh, the petitioner in the writ petition, was made as a tenant by the college authority in February, 2001 and he is paying rent from 15.02.2001. This order of allotment was subsequently cancelled on the application filed by the appellant, Shyama Nand Pandey, the 6th respondent, saying that he is prepar...
Dr. Nitya Nand Mishra and ors. Vs. Vinoba Bhawe University and ors.
Court: Jharkhand
Decided on: Oct-03-2007
Reported in: [2008(1)JCR373(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioners have prayed for a direction on the respondents to correct the date of absorption of the petitioners from their respective date of appointment/date of sanction of the posts, which has been made effective from 30th April, 1986. They have also prayed for a direction on the respondents to consider their promotion to the posts of Reader under the time bound scheme, as has been done in the cases of similarly situated persons.2. It has been stated that the post of petitioner No. 1, who was appointed earlier, was sanctioned w.e.f. December, 1984 and similarly, the posts of petitioner Nos. 2 and 3 were sanctioned w.e.f. February, 1982, but the date of absorption of the petitioners has been shown as 30th April, 1986 without any basis. It has been further stated that as the petitioners have rendered their services as Lecturers for more than 20 years, they are entitled for promotion to the posts of Reader in their respective subject und...
Chhabi Ghosh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Oct-03-2007
Reported in: [2008(1)JCR264a(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition, the petitioner has prayed for a direction on the respondents to issue letter of appointment, as she claimed to have been selected as Anganbari Sevika of village Saharpur, Block Nala, District Jamtara as far back as, on 24th October, 2006.2. It has been stated that though the petitioner has been selected for the said post by the decision of the Gram Sabha of the village about a year ago, appointment letter has not been issued rather fresh notice for holding Gram Sabha has been issued. It has been stated that the petitioner has been duly selected and as such, there was no occasion for holding fresh Gram Sabha for selection of Anganbari Sevika. The petitioner requested the concerned authority and also filed representation to consider the selection made in the said Gram Sabha and to issue appropriate order, but till date, neither the order has been issued nor her representation has been disposed of.3. Learned JC to GPI appearing on behalf of th...
Roy Estate, Through One of Its Partner Smt. Kiran Roy Vs. State of Jha ...
Court: Jharkhand
Decided on: Oct-01-2007
Reported in: [2008(1)JCR178(Jhr)]
M. Karpaga Vinayagam, C.J.1. Roy Estate, a partnership firm, the appellant in this appeal is the petitioner in the writ petition.2. The petitioner-appellant filed the writ petition numbered as W.P.(C) No. 4955 of 2004 for the issuance of mandamus directing the respondent authorities, namely, the officers of the Government as well as the Principal, Ranchi Women's College to forthwith relinquish the possession of the building in question, presently occupied as a Girls' Hostel, which has been de-requisitioned by the Deputy Commissioner, Ranchi by his order dated 08.07.2003 to be handed over back to the petitioner, the owner on the ground that the said building being more than 90 years old has been declared as dangerous and unfit for habitation under the Ranchi Municipal Corporation Act.3. Learned Single Judge, by the order dated 20.12.2005, after hearing the parties concerned, though dismissed the same holding that the State authorities to determine the question whether the building is to...
Express Photo QSS Colour Lab Vs. Regional Director, Employee's State I ...
Court: Jharkhand
Decided on: Oct-01-2007
Reported in: [2007(4)JCR470(Jhr)]
1. Counsel for the appellant though could not succeed in convincing this Court to hold that the order impugned is not valid, he ultimately, on the strength of the decision rendered by Patna High Court in the case of Mosmat Ram Kali Kuer and Ors. V. Indradeo Choudhary and Anr. reported in AIR 1983 Pat 148, confined himself with a prayer requesting for an opportunity to the appellant to again approach the Tribunal to file application for condonation of delay, though by mistake such application for condoning the delay was not filed when the main application was filed. Admittedly, the said application was dismissed by the Tribunal only on the ground that though the main application was barred by limitation, no application for condoning the delay was filed.2. Counsel for the appellant strenuously submitted that though he has got merit in the main case, he has not been allowed to argue the case on merits and ultimately, his liberty has been curtailed by dismissing the main application, merel...
Shri Marooti Coke Industries and Shri Marooti S.S.F. Industries Pvt. L ...
Court: Jharkhand
Decided on: Oct-01-2007
Reported in: [2008(1)JCR380(Jhr)]
ORDERN.N. Tiwari, J.1. Since common prayer has been made in both the writ petitions, with the consent of the parties, they are being heard together and disposed of by this common order.In these writ petitions, the petitioners have prayed for a direction on the respondents, particularly, respondent No. 3, to allow them to draw his linked/monthly allocated quota of coal for running their Cookery Unit/S.S.F. Unit.2. It has been stated that the respondents had introduced E-Auction System and in that view the petitioners did not book/draw their linked/monthly allocated quota of coal to the said system for the period from February, 2005 to December, 2006 and as such, there was no occasion for lifting their linked/monthly allocated quota of coal. Subsequently, the Hon'ble Supreme Court by its judgment dated 1st December, 2006 passed in S.L.P. (C) No. 20471 of 2005 held the E-Auction System as unconstitutional and quashed the same.3. The petitioners have now been denied their linked/monthly al...
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