Jharkhand Court January 2008 Judgments
Binay Kumar Khan Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-31-2008
Reported in: 2008(56)BLJR2152; [2008(2)JCR362(Jhr)]
M.Y. Eqbal, J.1. Heard the counsel for the parties.2. In this writ application the petitioner has prayed for quashing the order as contained in memo No. 1617 dated 2.7.2007 issued under the signature of Deputy Secretary. Water Resources Department, Jharkhand, Ranchi by which the petitioner has been put under suspension.3. Mr. A.K. Sinha, learned Senior Counsel appearing or behalf of the petitioner- assailed the impugned order mainly on the ground that the order of suspension has been issued by the incompetent person and in clear violation of rule 49 (A) of Civil Services (classification Control and Appeal ) Rules, 1930. Learned Counsel submitted that the respondent-authority cannot. suspend the petitioner who is holding the post of Executive Engineer without taking prior approval from the Cabinet or the Chief Minister who is competent authority.4. Respondents' case, in the counter affidavit, is that the petitioner was suspended as Assistant Engineer , Water Resources Department of Erst...
Tag this Judgment!Kishun Choudhary Vs. Bihar State Road Transport Corporation and ors.
Court: Jharkhand
Decided on: Jan-31-2008
Reported in: [2008(1)JCR639(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the counsel for the parties.The prayer of the petitioner in this writ application is for direction to the respondents to give him promotion to the post of Assistant Traffic Inspector in Scheduled Caste quota w.e.f. 1992 since juniors to him have already been promoted to the said post.2. The petitioner was given one promotion from the post of Conductor to Time Keeper in the year 1992 as it appears from Annexure-1. It is submitted by the petitioner that his case for promotion to the post of Assistant Traffic Inspector has not been considered by the respondents on the ground that his service records were not available with them. The petitioner has also made a representation before the Administrator, Bihar State Road Transport Corporation, Patna, which was duly forwarded by the Divisional Manager, Ranchi, but still his representation for promoting him to the post of Assistant Traffic Inspector has not been considered and no order in that regard has been pa...
Tag this Judgment!Ram Awadh Gupta Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jan-31-2008
Reported in: [2008(1)JCR637(Jhr)]
ORDERD.G.R. Patnaik, J.1. The instant petition has been filed seeking appropriate order of transfer of the case bearing Daltonganj Rail P.S. Case No. 14 of 2002, corresponding to G.R. Case No. 428 of 2002, which is presently pending in the Court of the Railway Judicial Magistrate, Daltonganj to the Court of Shri N. All, Special Judge, C.B.I., Rahchi.2. The facts of the case in brief is that the petitioner, who is a passenger, travelling by one Train No. 8101 UP Express had booked his Scooter at Ranchi to be unloaded at Garhwa. The vehicle was to be unloaded from the Garhwa Railway Station, but it was not unloaded. The petitioner approached the Station Master at the latter's Office demanding unloading of the Scooter from the Train at the Railway Station. An altercation ensued between the petitioner and the Station Master. The petitioner, thereafter lodged a complaint at the Railway Police Station, alleging that the Station Master had made demand of illegal gratification for unloading th...
Tag this Judgment!Hira Lal Mohanthy Vs. the Board of Governors through It's Chairman, Ri ...
Court: Jharkhand
Decided on: Jan-31-2008
Reported in: [2008(1)JCR642(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the counsel for the parties.2. In this writ application the petitioner has prayed for issuance of direction to the respondents to promote him to the post of Plumbing Mistry mainly on two grounds firstly, that he was working on daily wages from April 1981 to 1991 and on regular basis since 1991 till date and that the other person namely Rabindra Prasad, whose services were also regularized alongwith the petitioner, has been promoted to the post of Plumbing Mistry and, thereafter, he has been given three other promotions.3. The petitioner and one Rabindra Prasad was appointed on daily wages as Plumbing Mistry since 1981 and their services were regularized in the year 1991 on the same post. However, the services of Rabindra Prasad were regularized as Plumbing Mistry against the vacant post. Thereafter, it appears from the pleadings of the parties that an internal advertisement was made for filing up of the posts of Mechanic-C and applications were invited...
Tag this Judgment!Harinandan Singh Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-31-2008
Reported in: 2008(56)BLJR1486; [2008(2)JCR702(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition, the petitioner has prayed for quashing the order, as contained in Memo No. 918 dated 23rd February, 2004, whereby the allotment of Quarter No. 7, PWD Colony, Circuit House Area, Jamshedpur made in favour of the petitioner has been cancelled and the same has been allotted to the Respondent No. 3.2. The petitioner is an Assistant Engineer in the department of Public Works Department, Government of Jharkhand. While he was posted as Assistant Engineer, Monitoring, Road Circle, Jamshedpur, he was allotted Quarter No. 7, in PWD Colony, Circuit House Area, Jamshedpur by Memo No. 1392 dated 11th August, 1999.3. In the year 2002, the petitioner's services were placed to the Industries Department vide Road Construction Department's Notification No. 5985 dated 31st December, 2002. The Industries Department by Notification No. 100 dated 10th February, 2003 transferred and posted the petitioner to Adityapur Industrial Area Development Authority (for...
Tag this Judgment!Dasrath Prasad Agrawal Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-30-2008
Reported in: [2008(2)JCR394(Jhr)]
ORDERD.K. Sinha, J. 1. The petitioner by invoking the inherent jurisdiction of this Court under Section 482, Cr PC has prayed for the quashment of the entire criminal proceeding, including the order impugned dated 12.9,2000 whereby cognizance of the offence was taken under Section 379, IPC as also under Sections 39/44 of the Indian Electricity Act against him in Ramgarh P.S. Case No. 119 of 2000 corresponding to G.R. No. 966 of 2000 pending in the Court of Sri Amresh Kumar, Judicial Magistrate, 1st Class, Hazaribagh in T.R. No. 578 of 2006.2. The prosecution story in short was that the informant Assistant Electrical Engineer, Electric Supply, Sub-Division, Ramgarh O.P. No. 2 herein in conducting series of raids visited also the factory of the petitioner at Naisarai on 19.5.2000 at Ramgarh and spotted theft of electricity by hooking P.V.C. wires. It was further alleged that though there were two consumer lines vide NSL 3640 and NSL 4079 in the factory for domestic purpose, which were al...
Tag this Judgment!Ram Shankar Prasad Singh and ors. Vs. Ranchi University and ors.
Court: Jharkhand
Decided on: Jan-30-2008
Reported in: [2008(2)JCR422(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this writ petition the petitioners have prayed for a direction on the respondents to pay the arrears of salary at the revised UGC scale for the period from 15.11.2000 to 28.2.2002, which has been paid to the similarly situated Teachers of the Ranchi University, but has not been paid to the petitioners due to the apathy of the concerned respondents. It has been stated that the petitioners retired from the services and after their retirement they were entitled to get all the service dues as well as the retiral dues. The petitioners were also entitled to get their salary at the revised UGC scale, but the same was not paid for the period from 15.11.2000 to 28.2.2002. The petitioners were the Teachers in Co-operative College, Jamshedpur and they made their representation before the University through the principal, who belatedly forwarded the petitioners' representation to the University for requisitioning the amount from the Director, Higher Education, Go...
Tag this Judgment!Lala Ramagya Prasad Vs. Jharkhand State Electricity Board Through Its ...
Court: Jharkhand
Decided on: Jan-30-2008
Reported in: [2008(1)JCR625(Jhr)]
ORDERRamesh Kumar Merathia, J.1. Heard the parties finally.2. The petitioner has filed this writ petition against refixation of his pay scale by deducting it with effect from 14.9.1994 from Rs. 2330 to Rs. 2160.3. Mr. Das, appearing for the petitioner, submitted that the petitioner was rightly granted selection grade scale and then he was promoted to the post of Accounts Assistant as per the rules, but in 2004, the Director of Accounts, without giving opportunity of hearing to the petitioner, refixed his pay scale. He further submitted that now it has been held by the Full Bench in the case of The State of Jharkhand and Ors. v. Padamalochan Kalindi and Anr. 2007 (4) JLJR 451 : 2008 (1) JCR 5 (Jhr) (FB), that if any amount has been wrongly paid, the same can be recovered in view of the judgment of State of Jharkhand and Ors. v. Girish Kumari Prasad and Ors. 2004 (2) JCR 524 (Jhr) but only after following the principles of natural justice or after taking recourse to Rule 43 (b) of the Jh...
Tag this Judgment!Bachmann Industries Ltd. Vs. J.S.E.B. Through Its Chairman and ors.
Court: Jharkhand
Decided on: Jan-30-2008
Reported in: [2008(2)JCR435(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties finally. Petitioner has filed this writ petition for quashing the letter dated 18.8.2006 issued by the Chief Engineer (Generation) by which it is communicated to the petitioner the Central Purchase Committee had cancelled the Notice Inviting Tender (NIT) No. 17/PR/JSEB/0405 invited for installation of flue gas conditioning system at P.T.P.S.2. It is submitted on behalf of petitioner that petitioner was the lowest bidder in the said NIT. It is further submitted that petitioner has incurred huge expenses in relation to the said NIT but it was cancelled and a second NIT was issued. It is further submitted that even after the second NIT, the respondents are inviting the petitioner for presentation.3. Mr. J. Dubey, appearing for the respondents, submitted that the respondents had right to cancel and were justified in cancelling the first NIT as petitioner was not agreeable to the terms and conditions. He further submitted that being the lowest tend...
Tag this Judgment!S.P. Singh Constable 851310656 Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Jan-30-2008
Reported in: [2008(4)JCR746(Jhr)]
Amareshwar Sahay, J.1. Heard the parties.The petitioner, who is a CISF Constable, was departmentally proceeded for the following charges:1. That he created an ugly scene by shouting with filthy language in from of his superiors and also assaulted ADI/Exe namely R. Stalin.2. That he attempted to snatch the service Riffle of Constable Surender Singh, who was on duty with an intention to kill the CH?M HC/GD S.P. Sekharan and other CISF officers present there on the spot.The Disciplinary Authority found that the charges against the petitioner were partially proved and, there by, penalty was imposed of reduction of pay by two stages for a period of two years with cumulative effect.2. The petitioner, thereafter, preferred appeal and also revision before the competent authority and I find that the penalty awarded by the Disciplinary Authority was confirmed by the Appellate Authority as well as by the Revisional Authority after considering the case of the petitioner.3. The C.I.S.F. is a discip...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- Next ›
- Last »