Jharkhand Court December 2008 Judgments
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Saraswati Tirkey Vs. State of Bihar and ors.
Court: Jharkhand
Decided on: Dec-11-2008
Reported in: [2009(1)JCR599(Jhr)]
R.R. Prasad, J.1. It is the case of the petitioner that her husband Somnath Oraon after undergoing selection process, was selected for the appointment on the post of Driver. On receiving appointment letter, bearing No. 3789 dated 1.9.1983 issued by respondent No. 3, the Principal/Superintendent, Rajendra Institute of Medical College and Hospital, Ranchi, he joined as Driver in the Department of Eye, Rajendra Institute of Medical College and Hospital, Ranchi. Thereupon the petitioner's husband continuously discharged his duties either in the Department of Eye or Central Eye Mobile Unit, Rajendra Institute of Medical College and Hospital, Ranchi until 6.12.1989 when it was informed vide Annexure 4 by the Head of the Department of Eye, Rajendra Institute of Medical College and Hospital, Ranchi that the services of the petitioner's husband on account of abolition of the post has been terminated.2. Thereupon, representations were made, upon which the then Joint Secretary, Department of Heal...
Siya Ram Agarwal and anr. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-11-2008
Reported in: [2009(1)JCR601(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioners in this writ application have prayed for quashing the order dated 8.10.2007 passed by the Munsif, Chaibasa in Title Suit No. 13 of 2005 whereby the petitioners prayer made on 27.8.2007 for appointing a Pleader Commissioner, under Order XXVI. Rule 9 of the Code of Civil Procedure, to carry out a local inspection for ascertaining as to whether in the process of carving out new plot Nos. 138 (a) to 138 (c) from the old plot No. 1290, an area of two decimals has been reduced and the same has wrongly been recorded in favour of the Chaibasa Municipality.2. A counter affidavit has been filed on behalf of the respondent State.3. Heard learned Counsel for the petitioners and also learned Counsel for the respondents.4. The petitioners had filed a suit before the Court below for a declaration for his right, title and interest over the suit property described in Schedule 'A' to the plaint, which bears the present survey over plot No. 135 under Khata No. 129 ha...
Umesh Narayan Prasad Vs. State of Jharkhand Through the Secretary, Dep ...
Court: Jharkhand
Decided on: Dec-10-2008
Reported in: [2009(1)JCR498(Jhr)]
R.R. Prasad, J.1. Heard learned Counsel appearing for the petitioner, learned Counsel appearing for the State of Jharkhand, learned Counsel appearing for the State of Bihar and learned Counsel appearing for the Union of India.2. Learned Counsel appearing for the petitioner submits that the petitioner while was working as Drawing Instructor at Industrial Training Institute (ITI), Garhwa, State 6f Jharkhand came into existence with effect from 15.11.2000 under the provision of Bihar Reorganization Act. During the process of cadre allocation, a notification was Issued whereby applications were invited from the persons intending to havecadre allocation on mutual basis. Accordingly, petitioner made an application for allocating cadre of Bihar on mutual basis with one Shashi Prakash Mahto but no order was passed on that application by State Advisory Committee rather on 24.4.2006 the petitioner was finally allocated to the cadre of State of Jharkhand but subsequently, on an application suppor...
Brigadier Rakesh Sharma Vs. Union of India (Uoi) Represented by the Se ...
Court: Jharkhand
Decided on: Dec-10-2008
Reported in: 2009(57)BLJR950
Narendra Nath Tiwari, J.1. The petitioner-Brigadier Rakesh Sharma is aggrieved by the denial of his promotion to the rank of the Major General in the General Cadre. He has prayed for quashing the letter dated 11.4.07 (Annexure-8) whereby the petitioner was communicated the result of No. 1 Selection Board informing that he has not been selected for promotion to the rank of Major General. The petitioner has also prayed for quashing the part of the order dated 6.9.07 (Annexure-11), passed by the Ministry of Defence on the petitioner's statutory complaint. By the said order the Central Government has rejected his statutory complaint dated 25.3.07 subject to partial relief granted in Para 6 of the letter observing that the assessment by various reporting officers in all reckonable CRs is objective, well corroborated/moderated and consistent, except in CR 09/99-06/00 which appears marginally inconsistent with the over all profile of the officer and has ordered expungement of only some of the...
Jai Prakash Mehta Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Dec-10-2008
Reported in: [2009(1)JCR497(Jhr)]
ORDERD.G.R. Patnaik, J.1. The petitioner in this writ application has prayed for quashing the letter No. 118 dated 9.6.2008 (Annexure-7) whereby the Deputy Development Commissioner-cum-D.E.O-cum-Secretary, District Board, Hazaribagh/respondent No. 3 has directed the petitioner to vacate 139.76 Sq. Ft. of the building portion which is under the petitioner's possession, within one week from the date of order and with a further direction that on the petitioner's failure to vacate the aforesaid premises, the petitioner's allotment shall be cancelled.A further prayer has been made for issuance of a direction to the respondent No. 3 to execute an agreement for an area of 262.09 Sq. Ft. of the premises in favour of the petitioner pursuant to the letter dated 3.3.2008 (Annexure-3) and to allow the petitioner to deposit the rent on month to month basis after May, 2008.2. Petitioner's case in brief is that he was allotted a canteen/godown premises within the District Board campus comprising an a...
Ram Lakhan Shaw Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Dec-08-2008
Reported in: [2009(1)JCR501(Jhr)]
R.R. Prasad, J.1. Heard learned Counsel appearing for the petitioner and learned Counsel appearing for the Respondents.2. Learned Counsel appearing for the petitioner submits that the petitioner got retired from the services of the Respondent Board on 30.11.199b as Meter Reader. Thereupon all the retiral dues were paid but the amount of gratuity was not paid and therefore, the petitioner approached this Court, vide W.P.(S) No. 1162 of 2007 for directing the respondent to pay gratuity to the petitioner and the same was disposed of on 19.4.2007 directing the petitioner to file a representation before the General Manager-cum-Chief Engineer, Area Electricity Board, Dhanbad, respondent No. 3, who was directed to consider the claim of the petitioner and pass appropriate order.2. Pursuant to that, petitioner did represent the matter before the respondent No. 3 but the respondent No. 3 rejected the claim of the payment of gratuity on the ground of pendency of a Vigilance Case. The said order w...
Satendra Singh Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: Dec-08-2008
Reported in: 2009CriLJ2280
D.K. Sinha, J.1. The petitioner Satendra Singh has invoked the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India requesting for issuance of an appropriate writ for setting aside the order impugned dated 18.2.2008 passed by the Chief Judicial Magistrate, Daltonganj in G.R. No. 739 of 2007 arising out of Rehala (Palamau) P.S. Case No. 30 of 2007 whereby the petition filed by the Sub-Inspector of Police, Crime Investigation Department, Jharkhand. Ranchi seeking permission to re-investigate the case of Rehala (Palamu) P.S. Case No. 30 of 2007 was rejected.2. The prosecution story in short as stands narrated in the written report of Ranjeet Singh (Informant/Intervener/Respondent No. 4) was that on 27.5.2007 his uncle Dr. Sashidhar Singh (since deceased) had as usual proceeded from the house to his medicine shop followed by the informant after a short while. When his uncle arrived near the shop and compound of one Giridhar Singh, the informant witnessed ...
Praveen Kumar Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Dec-08-2008
Reported in: [2009(1)JCR500(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. As it appears that the respondent No. 2 Smt. Amita Kumari lodged a First Information Report before Jagannathpur Police Station against her husband Manoj Kumar, her mother-in-law, father-in-law, brother-in-law [Bhaisur) and Sister-in-law which was registered as Jagannathpur P.S. Case No. 31/2004 under Sections 498-A, IPC and Section 3/4, Dowry Prohibition Act.3. It also appears that the husband of respondent No. 2 namely Manoj Kumar, filed a matrimonial suit before the Family Court, Haridwar under Section 13 of the Hindu Marriage Act for dissolution of the marriage and decree for divorce against his wife Amita Kumari, i.e. present respondent No. 2 herein.4. The husband Manoj Kumar had also filed an anticipatory bail application before this Court being A.B.A. No. 1240/2004, which was rejected on 4.11.2004 against which he approached the Supreme Court in S.L.P. (Crl.) No. 431/2005. During the pendency of said S.L.P. before the Supreme Court...
Binod Kumar Barthwal Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Dec-06-2008
Reported in: [2009(2)JCR411(Jhr)]
ORDER1. This appeal has been preferred against the order dated 3.9.2008 passed in WP (C) No. 4182/2008, whereby the writ petition filed by the appellant was dismissed, as it was held that the petitioner, appellant herein, had an alternative remedy available to assail the letter No. 1007 dated 12.7.2008 raising a demand for an amount of Rs. 6,61,422/- (Rs. Six lacs, sixty-one thousand four hundred and twenty-two only) by way of electricity dues along with penalty.2. It was alleged that while the appellant was running a mill with a load of 45 HP motor, which was used for running a 'chura' (popped rice) mill, he had indulged in theft of electricity by using a foreign element in order to indicate lesser load on the consumption of electricity. A case had been instituted against the appellant for prosecution under Section 135 of the Electricity Act. 2003, which is still pending. In view of the pendency of the matter, the respondent-Board, through the Assessing Authority, by virtue of Section...
Employers in Relation to the Management of Jayrampur Colliery of Bccl ...
Court: Jharkhand
Decided on: Dec-06-2008
Reported in: 2009(57)BLJR948
ORDERD.G.R. Patnaik, J.1. In this writ application the Management of Jairmpur colliery being the petitioner has challenged the award dated 2.1.2004 passed by the Industrial Tribunal No. 2 in Reference Case No. 193 of 1999 whereby the Tribunal while answering the Reference in favour of the respondent Union holding that the Management is not justified in superannuating the workman namely Shashi Rawani w.e.f. 16.8.1997, has further directed the Management to send the concerned workman to the apex Medical Board for assessment of his age. On a dispute being raised by the respondent Union on behalf of the said workman in the matter of superannuation, a Reference was made to the Tribunal to adjudicate upon the dispute under Section 10 of the Industrial Disputes Act, 1947 on the following terms of Reference:Whether the action of the Management of Jayrampur Colliery of M/s BCCL in superannuating Sri Shashi Rawani, Fitter, with effect from 16.8.1997 is justified? If not, to what relief the workm...
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