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Jharkhand Court April 2008 Judgments

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Apr 04 2008

Jharkhand State Electricity Department Employees Union Through Its Sec ...

Court: Jharkhand

Decided on: Apr-04-2008

Reported in: [2008(3)JCR160(Jhr)]

ORDERR.K. Merathia, J.1. Mr. A.K. Sinha learned senior counsel appearing for the petitioners submitted that the Building Construction Department has issued tenders for the maintenance of electricity work which was to be done by the Energy Department, and that petitioner No. 2, being one of the contractors of the Energy Department, is aggrieved, as, if the work was to be done by the Energy Department he could also get some work. He further submitted that Tender has been invited also for some of the works already done by the petitioner and other contractors, under the Energy Department.2. Mr. V.P. Singh, learned senior counsel appearing for the intervenor, submitted that he is appearing for the contractors of the Building Construction Department, who are also doing some of the electrical maintenance work through the Building Construction Department. He supported issuance of Tenders by the Building Construction Department.3. Mr. S.B. Gadodia, learned Advocate General, appearing for the St...


Apr 04 2008

Arun Sinha and ors. Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Apr-04-2008

Reported in: [2008(3)JCR91(Jhr)]

ORDERR.K. Merathia, J.1. Heard the parties finally.2. Mr. Pandey, learned Counsel appearing for the petitioners, submitted as follows. The petitioner's were appointed in September/October, 1994 as Assistant Primary Teachers on the recommendation of the BPSC and on the basis of merit. The minimum qualification for appointment of such teachers was matric and weightage was to be given to trained, but as the petitioners had higher qualifications namely graduation and above they were given matric trained scale since their appointment, in the light of the Government circulars. They were given replacement scales subsequently of Grade-I. Petitioners repeatedly requested for sending them for training but they were sent only in 1998, and that too only after the orders passed by the Supreme Court on 5.9.1997. They completed the training in the year 1999 but the result was published in the year 2002 only after the intervention of the Court. In the circumstances, petitioners were not at fault in no...


Apr 04 2008

Govind Choubey Vs. Unions of India (Uoi) Through the Chief of Army Sta ...

Court: Jharkhand

Decided on: Apr-04-2008

Reported in: [2008(3)JCR215(Jhr)]

D.K. Sinha, J.1. Petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India seeking quashment of the order impugned dated 19th October, 2007 passed by Col. S.K. Mathur, Officer Comanding 23 Inf. Div. PRO-Unit in Summary Court martial, whereby and whereunder, petitioner was sentenced to undergo rigorous imprisonment for one year and his dismissal from service. He was directed to serve out imprisonment in civil prison in Ranchi Sadar P.S. Case No. 183 of 2006 corresponding to G.R. No. 3302 of 2006. The case was transferred from the Court of Chief Judicial Magistrate Ranchi to the General Officer Commanding 23 Infantry Division, Ranchi (Respondent No. 2) permitting the petitioner to be tried under the Army Act, 1950. Petitioner further seeks his reinstatement back in service with all consequential benefits on his acquittal.2. The short facts of the case are that the petitioner was appointed as Sepoy in Indian Army on 26th September, 1996. Aft...


Apr 04 2008

Prem Chandra Gope and ors. Vs. State of Jharkhand and anr.

Court: Jharkhand

Decided on: Apr-04-2008

Reported in: 2008CriLJ3358; [2008(3)JCR162(Jhr)]

D.K. Sinha, J.1. Present criminal revision is directed against the order dated 14.6.2006 passed by 1st Additional Sessions judge Chaibasa in S.T. No. 81 of 2006 arising out of Jagarnathpur PS Case No. 29 of 2005, whereby and whereunder petition filed on behalf of the petitioners under Section 228 of the Code of Criminal Procedure was rejected and charges were framed against all the petitioners under Sections 313/498-A of the Indian Penal Code as also under Section 3/4 of the Dowry Prohibition Act and separate charge under Section 307 of the Indian Penal Code against the petitioner No. 1 Prem Chandra Gope.2. Prosecution story in short was that the informant Shanti Gope (opposite party no. 2) was married to the petitioner No. 1 Prem Chandra Gope in Sri Ram Mandir, Jagannathpur on 12.5.1998 in presence of the parents and near relations of the spouse and with their consent. After marriage she came to her matrimonial home with the husband-petitioner No. 1 Prem Chandra Gope and led a happy c...


Apr 04 2008

Radhika Raman Prasad Singh and ors. Vs. State of Jharkhand and anr.

Court: Jharkhand

Decided on: Apr-04-2008

Reported in: [2008(3)JCR113(Jhr)]

ORDERAmareshwar Sahay, J.1. Heard the parties.2. The prayer of the petitioners in this application is for quashing the entire criminal proceedings arising out of Sadar P.S. Case No. 381/1999 (G.R. No. 1711/1999) mainly on the ground that the CID who took up the investigation of the case submitted final report under Section 173,Cr PC finding the case to be maliciously false and, therefore, continuance of the prosecution in which the cognizance has been taken by the learned Magistrate under Sections 376, 386 and 120-B, IPC against the accused persons is an abuse of the process of the Court.3. The relevant facts are that the respondent No. 2 Smt. Asha Singh lodged a first information report on 9.10.1999 against the accused persons namely, Anil Kumar (her brother-in-law), Kamini (her sister) and her father and mother for the alleged commission of the offences under Sections 376, 386 and 120-B of the Indian Penal Code. The FIR was registered as Hazaribagh Sadar P.S. Case No. 381/1999 under ...


Apr 04 2008

Dr. S.K. Mishra Vs. Tata Iron and Steel Co. Ltd.

Court: Jharkhand

Decided on: Apr-04-2008

Reported in: [2008(3)JCR708(Jhr)]

ORDERNarendra Nath Tiwari, J.1. The petitioner was a doctor employed in Tata Main Hospital and served as such for about 14 years. The petitioner complained that the Management forced him to write resignation order on 3rd July, 1995. The petitioner reported the matter to the Deputy Labour Commissioner by his representation dated 4th July, 1995. He also made a complaint under Section 26(2) of the Bihar Shops and Establishment Act, 1953 (hereinafter referred to as the 'Act') and prayed for setting aside the said order, which is said to be termination order, but in the garb of resignation. He also claimed full back wages and other financial benefits with interest and cost.2. The Presiding Officer, Labour Court. Jamshedpur heard the parties. The evidences were led on behalf of both the parties. By order dated 20th June, 2007, learned Presiding Officer dismissed the petitioner's complaint, holding, inter alia, that the complainant/petitioner could not be able to establish that the petitioner...


Apr 03 2008

Smt. Meena Thakur and ors. Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Apr-03-2008

Reported in: [2008(2)JCR560(Jhr)]

ORDERAmareshwar Sahay, J.1. Heard the parties.2. The petitioners who are all Child Development Project Officers, were appointed as such by issue of an office order dated 11.10.2000 as contained in An-nexure-2 to the writ petition, through the Bihar Public Service Commission. They are all posted in different Districts in the State of Jharkhand such as, the petitioner No. 1 is posted in the District of Dumka, the petitioner No. 2 is posted in the District of West Singhbhum, petitioner No. 3 is posted in the District of Ranchi, petitioner No. 4 is posted in the District of-Chatra and the petitioner No. 5 is posted in the District of Lohardaga.3. The petitioners were appointed in the pay scale of Rs. 6,500-200-10,500. When they were not given any annual increment, they filed a representation before the Director, Social Welfare, Women and Child Development Department, Government of Jharkhand stating therein that they were working as Child Development Project Officers since last 3 to 4 years...


Apr 03 2008

Ram Vijay Singh Vs. State of Jharkhand Through Cbi and anr.

Court: Jharkhand

Decided on: Apr-03-2008

Reported in: 2009CriLJ63; [2008(2)JCR557(Jhr)]

ORDERR.R. Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure was initially filed for a direction to the trial Court to hold enquiry under Section 340 of the Code of Criminal Procedure into the matter of forgery committed by opposite party No. 2 in respect of documents produced in the Court. However, subsequently prayer was amended wherein the order dated 19.12.2007 passed by learned Sub-Divisional Judicial Magistrate-cum-Special Judicial Magistrate, Dhanbad in R.C. case No. 11(S) of 2003 was sought to be quashed as the learned Magistrate refused to hold enquiry in terms of Section 340 of the Code of Criminal Procedure.2. Learned Counsel appearing for the petitioner submits that one Pramod Kumar Singh (deceased) gave his fardbeyan to the Officer-in-Charge of Seraidela police station on 3.10.2003 in presence of a Doctor and three witnesses stating therein that when he reached to his residence at about 9.20 a.m. at Dhansar and was climbing to stair the accus...


Apr 03 2008

Nawnit Kumar Vs. Palamau Kshetriya GramIn Bank and ors.

Court: Jharkhand

Decided on: Apr-03-2008

Reported in: [2008(3)JCR156(Jhr)]; (2009)ILLJ125Jhar

D.G.R. Patnaik, J.1. The petitioner in this writ application has prayed for quashing the orders dated 29.7.1994, passed by the disciplinary authority and also the order dated 23.12.1994 (Annexure-25), passed by the Appellate authority, whereby the appellate authority awarded punishment to the petitioner by way of reduction of one annual increment from his basic pay with effect from 29.7.1994 and treating the entire period as a period of suspension.2. The petitioner was in service of the Respondent-Bank and as claimed by him, he was the General Secretary of the Bank Worker's Organisation, Daltonganj, Palamau, which was a registered body. On 14.2.1992 the petitioner alongwith five others were placed under suspension with effect from 15.9.1992. On 20.2.1992, he was served with a chargesheet by the Respondent No. 4, the General Manager of the Respondent Bank. The charges read as fellows:(a) On 13.2.1992 at about 3.15 p.m. he alongwith Rajeev Sharma. Basant Kumar, Laxmi Kumar Sharma, Bharat...


Apr 03 2008

Surya Mohan Prasad Vs. Vinoba Bhave University and ors.

Court: Jharkhand

Decided on: Apr-03-2008

Reported in: [2008(3)JCR9(Jhr)]

ORDERAmareshwar Sahay, J.1. Heard learned Counsel for the parties. Prayer of the petitioner in this writ application is to quash the office order, as contained in Memo No. VBU/Esstt/2086/07 dated 4.7.2007, as also Memo VBU/Esstt/FS/248/06(P-II)/564/2007 dated 5.4.2007, issued by the respondents, whereby, the petitioner was made to superannuate with effect from 30.4.2007 on the ground that he has completed 42 years of service.2. According to the case of the petitioner, the aforesaid orders have been issued in violation of Section 67 of the Jharkhand State Universities Act, 2000, which prescribes 60 years as the age of retirement for non-teaching employees of the University/According to the petitioner, his date of birth is 1.1.1949, which has been entered in his service book and as per the said date of birth, he would retire from service on 31st December, 2008, after completing 60 years of age.3. Learned counsel for the petitioner has drawn my attention to Annexure-3, a certificate issue...


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