Jharkhand Court April 2008 Judgments
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Chandreshwar Prasad Karn Vs. Vinoba Bhave University and ors.
Court: Jharkhand
Decided on: Apr-10-2008
Reported in: [2008(4)JCR393(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the learned Counsel for the parties and with their consent this writ application is being disposed of at the stage of admission itself.2. The petitioner, who has retired from service of the Vinoba Bhave University in the month of October, 2000, has filed this writ application making his grievance that though he was promoted to the post of University Professor vide notification contained in Annexure-2 dated 20.12.1988 issued under the signature of the Registrar, Ranchi University, Ranchi promoting him and other persons as University Professor with effect from 2.1.1986, but subsequently the promotion granted to the petitioner and others was cancelled vide notification issued on 10.3.1998 contained in Annexure-3. in view of the fact that the concurrence of the Public Service Commission could not be obtained within a period of 6 months from the date of the promotion given to the petitioner and others. Further grievance of the petitioner is that one Dr. (Mi...
Md. Rasul Ansari and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-10-2008
Reported in: [2008(4)JCR685(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ petition the petitioners have prayed for quashing the notice and the entire proceeding of Land Encroachment Case No. 5/06-07 pending before the Circle Officer, Garhwa.2. The petitioners claimed to have their residential houses over Plot No. 204, appertaining to khata No. 82, measuring an area of 0.35 acre of Village-Tandwa, P.S. and District-Garhwa (hereinafter to be called as 'the said land').The said land was recorded as gairmazarua malik, in the last survey records of rights.The ex-landlord Chhedan Sao had settled the said land in favour of Dhanku Sao by virtue of hukumrvama, followed by rent receipts and physical possession.After vesting of zamindari, in the year 1955-56 under the provisions of the Bihar Land Reforms Act. 1950, the ex-landlord Chhedan Sao had submitted return in which Dhanku Sao was shown as raiyat, in respect of the said landiNecessary enquiry was made by the revenue authorities and rent was assessed in favour of Dhanku Sao in t...
Dr. Kumar Yugal Kishore Singh Through Substituted Heirs Vs. State of J ...
Court: Jharkhand
Decided on: Apr-09-2008
Reported in: [2008(3)JCR127(Jhr)]
ORDERR.K. Merathia, J.LA. No. 3429 of 20071. This application has been filed for substituting the legal heirs as mentioned in para 2 saying that the writ petitioner died on 29.8.2007.Heard.Prayer is allowed.The persons mentioned in para 2 are allowed to be substituted in place of petitioner.I.A. No. 3429 of 2007 is disposed of.W.P.(S) No. 154 of 2004Heard the parties on merits.2. Mr.P. Singh, learned senior counsel appearing for the petitioners, submitted that original petitioner retired on 31.12.2001, but the following retiral dues have not been paid:(a) Fixation of pension and payment of the same with arrear (Date of retirement) 31.12.2001.(b) Gratuity.(c) Group Insurance.(d) Leave Encashment of 240 days as per Annexure-7 dated 24.4.2002 of the Accountant General.(e) Final Payment of G.P.F. and(f) Arrear of salary for the period from 1.12.1996 to 31.12.2001.3. Mr. K.K. Ambastha, State counsel, referred to paras 4 and 5 of the supplementary counter affidavit, which reads as follows:4....
Dr. Amarendr Nath Sinha Vs. Indian School of Mines and ors.
Court: Jharkhand
Decided on: Apr-09-2008
Reported in: [2008(3)JCR577(Jhr)]
Narendra Nath Tiwari, J.1. The petitioner was appointed as Lecturer in Indian School of Mines, Dhanbad on 12.7.1984 in the Department of Engineering and Mining. In course of service, he was given promotion to the post of Assistant Professor in the year 1995. He rendered about 19 years of service.2. According to the petitioner, there was no further promotional avenue available in the respondent-Institute. The petitioner came to know about the vacant post of Professor in Mechanical at Birla Institute of Technology (BIT for short), Mesra. He requested the respondents for Issuing 'no objection certificate, for applying to the post of professor in BIT, Mesra, but it was denied by the respondents by letter dated 7.11.2002. The petitioner thereafter requested the higher authority relating to issuance of 'no objection certificate', but the same was not issued by the respondents and the petitioner resigned from the post. The petitioner claimed that by that time he had completed qualifying servi...
Tisco Khadan Mazdoor Sangh Vs. Union of India (Uoi) and anr.
Court: Jharkhand
Decided on: Apr-08-2008
Reported in: [2008(117)FLR1165]
M. Karpaga Vinayagam, C.J.1. This writ petition, as a Public Interest Litigation, has been filed by the IISCO Khadan Mazdoor Sangh, praying for the quashing of the order dated 29.82005 and 21.9.2005 issued by the Under Secretary to the Government of India, Ministry of Labour and Employment shifting two officers working as Assistant Labour Commissioner from Dhanbad Region to another Region and seeking for the direction to the respondents not to abolish the said two posts of Assistant Labour Commissioner at Dhanbad.2. According to the learned Counsel for the petitioner, the petitioner is a Union, which has been indulging itself for betterment of the workmen under the IISCO and also for the interest of public at large. In 1947, the Office of the Regional Labour Commissioner was set up in Dhanbad Region and since then five Assistant Labour Commissioners have been working in the said Region. In Dhanbad Region, itself, there are more than 5 lakh workmen. Therefore, since 1947, Central Govern...
Birla Institute of Technology Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-07-2008
Reported in: [2008(117)FLR878]
M. Karpaga Vinayagam, C.J.1. Birla Institute of Technology is the appellant herein, which is a deemed University under Section 3 of the University Grants Act.2. Dr. Kailash Vihari who was working as Assistant Professor in the Institute, got superannuated. Thereafter he filed an application before the Controlling Authority under the Payment of Gratuity Act, i.e., the 3rd respondent, claiming Gratuity. The third respondent by the order dated September 7, 2002 allowed the application. Being aggrieved, the Institute filed an appeal before the Commissioner, Labour, Training and Employment, Government of Jharkhand, the 2nd respondent, who, in turn, dismissed the same. Thereupon, the Institute filed the writ petition before the learned single Judge, who, in turn, dismissed the same. Hence, this appeal has been filed in the Letters Patent Jurisdiction of this Court.3. The factual background relating to filing of the present appeal is given hereunder:(i) The appellant: is a deemed University, D...
Smt. Kalpana Pandey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-07-2008
Reported in: [2008(4)JCR389(Jhr)]
ORDERNarendra Nath Tiwari, J.1. The petitioner, who is the raiyat in respect of the land of jamabandi No. 622. Mouza-Pakur, Thana No. 128, is the widow of late Anand Mohan Pandey whose name was recorded in the revenue register and jamabandi was created, according to the petitioner, before vesting of the estate as far back as in the year, 1948. The nature of the land was Gair Mouzra Malick land. The said land was settled with the petitioner's husband by virtue of Amalnama followed by grant of rent receipts and delivery of possession.2. After vesting of the estate in the then State of Bihar under the provisions of Bihar Land Reforms Act, 1950 (hereinafter referred to as the 'Act, 1950'), enquiry was made regarding the said jamabandi created by the landlord and the same was maintained and the Jamabandi was opened and continued in the name of the petitioner's husband by the Revenue Officer. Since thereafter her husband had been paying rent to the State and was coming in peaceful possession...
Sohan Mahto and ors. Vs. Mundrika Devi
Court: Jharkhand
Decided on: Apr-04-2008
Reported in: [2008(2)JCR513(Jhr)]
ORDERM.Y. Eqbal, J.1. This writ application under Article 227 of the Constitution of India is directed against the order dated 21.2.2007 passed by 1st Additional Munsify Giridih in Title Suit No. 180 of 1997 by which he has allowed the application filed by the plaintiff-respondent for examination of documents by handwriting expert.2. The plaintiff-respondent filed the aforementioned suit for declaration of right, title and interest over the suit and further for setting aside the sale deed dated 8.12.1977 alleged to have been executed by Bukhlal Mahto and the plaintiff Mundrika Devi in favour of the original defendant and, further for confirmation of possession. During pendency of the suit, the plaintiff filed application for comparison of the thumb impression of plaintiff Mundrika Devi appearing in the sale deed dated 8.12.1977 with the thumb impression of late Bukhlal Mahto in the said sale deed and also with the admitted thumb impression on the gift deed dated 22.6.1987. The said app...
Daya Nand Prasad Kashyap @ Dayanand Kashyap and anr. Vs. State of Biha ...
Court: Jharkhand
Decided on: Apr-04-2008
Reported in: 2008CriLJ3354; [2008(2)JCR617(Jhr)]
ORDERD.G.R. Patnaik, J.1. Challenge in this appeal filed under Section 11(1) of the Criminal Law (Amendment) Ordinance, 1944, is against the order dated 12.8.2004 passed by the Special Judge-VII, CBI, Ranchi in Civil Misc. Case No. 146 of 1996 under Section 5 of the Ordinance, whereby ad-interim order of attachment dated 30.8.1996 in respect of certain properties mentioned in the order, was made absolute.2. The appellant No. 1 along with others was facing trial in connection with RC Case No. 41-A of 1996 and eight other cases instituted against him on charges for the offences under Sections 409, 419, 420, 467, 468, 471, 477 and 120B/34 of the Indian Penal Code read with Sections 13(11) and 13(1)(C) of the Prevention of Corruption Act, 1988.3. The C.B.I., in course of investigation, found that the appellant No. 1, in conspiracy with the other co-accused persons who were Government Servants and officials in the Animal Husbandry Department of the State Government, had fraudulently withdra...
Rajesh Kumar Srivastava Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-04-2008
Reported in: [2008(2)JCR540(Jhr)]
M. Karpaga Vinayagam, C.J.1. Rajesh Kumar Srivastava, on being aggrieved by the order dated 31.7.2003 removing him from the service as Probationer Munsif, has filed this writ petition, seeking for quashing of the said order and for consequential direction to reinstate him with all consequential benefits.2. The short facts are as follows:(A) The petitioner applied for the post of Munsif and consequently appeared in Pre-test, Main Test and interview conducted by the High Court. He was declared successful in the year 2001. Thereafter he attended the Orientation Course. On 21.5.2002, notification was issued by the Government of Jharkhand, appointing him as Probationer Munsif. On 23.5.2002, he was posted at Dhanbad by the notification issued by the High Court. On 4.6.2002. he assumed the charge as Probationer Munsif at Dhanbad. On 15.7.2002, he was conferred with the power of Judicial Magistrate 1st class. On 6.1.2003, he, acting as Judicial Magistrate 1st class, Dhanbad, passed an order di...
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