Jharkhand Court April 2008 Judgments
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Court on Its Own Motion Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-15-2008
Reported in: [2008(2)JCR718(Jhr)]
ORDER1. 5th report with regard to the lightning has been filed by the learned Advocate General, Jharkhand, from perusal of which the following facts emerge:Human Resources Development Department have installed lightning arrestors with proper earthing in school buildings and work is continuing for the installation of similar lightning arrestor in remaining school buildings.2. Science and Technology Department was directed to release a sum of Rs. 1.5 crore each in favour of Birsa Agriculture University (BAU), Kanke, Ranchi and the BIT, Mesra, Ranchi and out of this, the first instalment of rupees seventy five lakhs each has been released by the Department in favour of each of two institutions, namely the BAU, Kanke and BIT, Mesra, Ranchi, which are reportedly carrying on research work and would try to submit their interim reports within a period of one month and that after receipt of the interim reports, balance sums of rupees seventy five lakhs each in favour of both the aforesaid insti...
Kamlesh Kumar Pandey and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-15-2008
Reported in: [2008(2)JCR717(Jhr)]
ORDERN.N. Tiwari, J.1. The petitioners have challenged their transfer order on the ground that they have been transferred from Inspection Branch to Training Branch. The main contention of the petitioners is that the Training Branch is altogether different and ex-cadre transfer is wholly without jurisdiction.2. Counter-affidavit has been filed on behalf of the respondents stating, inter alia, that the petitioners' cadre is Sub-ordinate Education Services (Primary Branch) which includes the Head Masters of Basic Schools, Lecturers, Primary Teachers' Training College, Block Education Extension Officer etc. and as such the petitioners' transfer is not an ex cadre transfer. The respondents have relied upon the circulars/instructions issued by the Government regarding the posting and transfer of the officers of the Sub-ordinate Education Service (Annexures-A, B & C).3. On perusal of the said instructions/ circulars, I find that the posts of Deputy Superintendent of Education, Sub-Inspector, ...
Syed Md. Akhtar Vs. State of Jharkhand Through C.B.i. and anr.
Court: Jharkhand
Decided on: Apr-15-2008
Reported in: [2008(2)JCR734(Jhr)]
ORDERR.R. Prasad, J.1. Heard learned Counsel appearing for the petitioner and learned Counsel appearing for the C.B.I.2. This application has been filed under Section 482, Cr PC for quashing the entire criminal proceedings of case bearing No. R.C. 11(S)/2003/C.B.I./SCR-III/ND lodged by the C.B.I. (G.R. No. 2858 of 2003) pending in the Court of learned Special Judge, C.B.I.- cum-S.D.J.M., Dhanbad including the order taking cognizance of the offences under Section 120B read with Sections 193/194/218/203 of Indian Penal Code and also under Section 27 of Arms Act.3. Learned Counsel appearing for the petitioner submits that one Pramod Kumar Singh, after coming home from the Railway Station on private taxi was about to enter into his house, was shot dead by some miscreants and was immediately removed to hospital where in presence of Officer In-charge of Seraidhela Police Station as well as the doctor as also four witnesses made statements that while he was about to enter into his house, accu...
Union of India (Uoi), Ministry of Coal Through Officer on Special Duty ...
Court: Jharkhand
Decided on: Apr-15-2008
Reported in: [2008(3)JCR200(Jhr)]
D.G.R. Patnaik, J.1. Challenge in this writ petition is against the order dated 11.2.2005 passed by the Central Administrative Tribunal (CAT), Patna Bench, in OA No. 43 of 2004 whereby allowing the respondent's prayer, the petitioner was directed to pass order for grant of pro rata pensionary benefits to the respondent/applicant and family pension when it becomes due to his family, along with interest within a period of four months from the date of the order.2. The respondent had joined service as an employee under the Coal Mines Labour Welfare Organization (CMLWO) under the control of the Government of India, Ministry of Coal on 27.8.1964. After rendering service for more than thirteen years, he tendered his letter of resignation on 28.2.1977 which was accepted by the management on the same day and on the next day, he joined the Central Coalfields Limited (CCL) at Ranchi. Subsequently, he filed an application claiming payment of pro rata pensionary benefits along with family pension, ...
Bindeshwari Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-15-2008
Reported in: [2008(2)JCR731(Jhr)]
D.G.R. Patnaik, J.1. The appellant Blndeshwarl Singh had worked as an Assistant Teacher from 24.8.1966 to 31.10.1971 in the Jain Hind High School, Tendua, Gaya, which was a sanctioned Government recognized school. He resigned from the service of the said School on 31.10.1971 and joined an unrecognized school, namely, Janata High School on 1.11.1971. The school which he joined later was granted partial recognition on 1.1.1972. The appellant claimed that the Head Master of the school where he worked earlier had granted him leave for the period from 1.11.1971 to 6.2.1972. Since he had worked in the former school till 31.10.1971 and joined service in the second school on the very next day i.e. 1.11.1971, there was no break in service and by virtue of the fact that the second school was granted recognition by the Government as sanctioned school, he had qualified for pension and gratuity for the entire period he served, including the period served in the former school. His prayer for issuanc...
Sakila Khatoon Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Apr-11-2008
Reported in: [2008(2)JCR722(Jhr)]
ORDERD.K. Sinha, J.1. This Criminal Revision is directed against the order passed by Shri D.K. Singh, Judicial Magistrate, 1st Class, Hazaribagh on 5.2.2005 in Complaint Case No. 1032 of 2004 corresponding to T.R. No. 1156 of 2005, whereby and whereunder, the opposite party No. 2 Lakhendra Thakur was discharged for the alleged offence under Section 376 of the Indian Penal Code under Section 203, Code of Criminal Procedure.2. Brief fact of the case, as stands narrated in the statement of the petitioner Sakila Khatoon before the Keredari police, was that she was the Chairperson of Mahila Mandal Vikas Manch, Prakhand Keredari. On 16.6.2004 at about 8.00 a.m. she proceeded with the opposite party No. 2 Lakhendra Thakur, Accountant of the said organization, aged about 35 years and boarded the bus. She along with the opposite party No. 2 alighted from the bus at village Kodway and from there she went to village Deshwari with him on foot. In the said village she had to contact a female member...
Asha Devi Vs. State of Bihar (Now Jharkhand) and ors.
Court: Jharkhand
Decided on: Apr-11-2008
Reported in: [2008(2)JCR726(Jhr)]
D.G.R. Patnaik, J.1. The petitioner in this writ application, has prayed for issuance of a writ of certiorari for quashing the order dated 24.6.1989 (Annexure-3), passed by the respondent No. 4 Sub-Divisional Officer, Godda in Settlement Case No. 105 of 1988-89, whereby the settlement of the land made in favour of the petitioner was not confirmed and also for quashing the order dated 13.7.1990 (Annexure-2), passed by the respondent No. 2 Deputy Commissioner, Godda affirming the order of the respondent No. 4 and cancelling the settlement of land made to the petitioner and also the order dated 28.4.1992 (Annexure-1), passed by the respondent No. 2 Commissioner Santhal Parganas Division Dumka, affirming the order of the respondent No. 3.2. The case of the petitioner is that the petitioner is a permanent resident of mauza-gunghasa within the district of Godda. The said mauza was declared as a pradhani mauza and the land measuring about 20 Bighas 16 Kathas within Plot No. 164 of the said ma...
Ram Khelawan Paswan Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-11-2008
Reported in: [2008(2)JCR736(Jhr)]
D.G.R. Patnaik, J.1. Petitioner has sought for issuance of a writ of certiorari for quashing the order dated 2.8.2004 (An-nexure-6) passed by the respondent No. 3 and the order dated 18.10.2004 (Annexure-7) passed by the respondent No. 2, by which he was dismissed from service.2. Petitioner was posted as Assistant Sub-Inspector of Police. A complaint was filed by one Vivek Chakraborty against the petitioner, alleging therein that on 10.8.1999 the petitioner had made illegal raid in his jewellery shop and had illegally seized gold biscuits from the shop on the charge that the same was smuggled goods and had also taken away a sum of Rs. 1.30 lakhs belonging to the complainant kept in the shop. On the basis of the complaint, FIR was registered and the matter was investigated and on the basis of the charge-sheet submitted therein, the petitioner was put on trial.On the basis of the same complaint and on the same set of facts, a departmental proceeding was also initiated against the petitio...
Rajendra Pandit Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-11-2008
Reported in: [2008(2)JCR751(Jhr)]
M. Karpaga Vinayagam, C.J.1. This writ petition has been filed in the form of Public Interest Litigation, seeking for issuance of mandamus commanding upon the respondents to stop the construction of the Check Dam in the village-Barkikumharia in the block of Bengabad, since the land over which the Check Dam is being constructed is forest land and since the respondent No. 2 had passed an order on 23.3.2007 for cancellation of the construction of the aforesaid Check Dam.2. The petitioner, claiming himself to be a resident of Block-Bengabad, District-Giridih, a social worker and also the Chairman of Jharkhand State Backward Classes' Association, has approached this Court with the prayer that since the land over which the Check Dam is being constructed is forest land, the construction of the Check Dam has to be stopped. He has further stated that he had presented a representation to the respondent No. 2 raising objections, on the basis of which, the respondent No. 2, by the letter dated 23....
Kailash Nishad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-11-2008
Reported in: [2008(3)JCR35(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties finally.2. Mr. Afaque Ahmad, appearing for the petitioner, submitted that initialy, petitioner had challenged the settlementof Charwa Dam, PS Katkamsani, District Hazaribagh having an area of about50 Acres, made in favour of Ashok Kumar Nishad-Respondent No. 7 (R-7) for three years w.e.f. from 1.4.2002 by the Hazaribagh Municipality. But when in the counter affidavit filed on behalf of R-7, it was said that the settlement was for 10 years, then the petitioner challenged the same also. He further submitted that from 1996, Charwa Dam is being settled with R-7 in complete violation of the procedure of the settlement. He further submitted that as per the circular dated 18.1.1992. wide publication of notice of settlement is required, which has never been done in this case. He also submitted that as per the said Circular dated 18.1.1992 only under certain circumstances long term settlement of 10 years can be made, but none of such circumstances exis...
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