Jharkhand Court June 2008 Judgments
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Bhagirath Prasad Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jun-25-2008
Reported in: [2008(3)JCR405(Jhr)]
ORDERD.G.R. Patnaik, J.1. The instant revision application is directed against the order dated 6,9.2005 passed by the Judicial Magistrate, 1st Class, Dhanbad whereby the prayer of the petitioner for discharge under Section 239 of the CrPC was dismissed.2. The facts of the case in brief is that a case on the basis of an FIR of the Senior Post Master, Dhanbad was registered at Dhanbad Police Station on 16.7.2003 for the offences under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code against the present petitioner. The allegation as contained in the first information report is that a lady claiming herself to be Banti Verma of Jharia, accompanied by one Pradeep Singh approached the Senior Post Master, Dhanbad and presented a Indira Vikas Patra bearing I.V.P.-44-C 630244 purported to be issued by Patna G.P.O. on 9.3.1996 for a sum of Rs. 5,000/- and which was to mature on 9.9.2001. An application signed in the name of Banti Verma, for encashment of the amount of Indira Vikas Pat...
Yudhisthir Mahato and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-25-2008
Reported in: [2008(3)JCR693(Jhr)]
Narendra Nath Tiwari, J.1. The petitioners, who are teachers of different secondary schools, have sought a direction on the respondents to consider them for promotion to the posts of Headmaster, as they, being the Acting Headmasters or senior most teachers of their respective schools, were all eligible for promotion to the posts of Headmaster in terms of the provisions of Bihar Nationalised Secondary Schools (Service Conditions) Rules, 1983.2. All the petitioners were appointed as Trained Graduate Assistant Teachers and have possessed Master Degree with Teachers' Training Diploma. They were given Selection Grade as also the Super Selection Grade and either they are Acting Headmasters or Senior Most Teachers in their respective schools.3. For the purpose of dealing with the service conditions, including the preparation of seniority list and promotion, rule was framed under the provisions of Section 9 of the Bihar Non-government Secondary Schools (Taking Over of Management and Control) A...
Dharmendra Kumar Singh and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-25-2008
Reported in: [2008(4)JCR33(Jhr)]
ORDERR.K. Merathia, J.1. Mr. M.S. Anwar, learned senior Counsel, appearing for the petitioners submitted that the petitioners are praying for a direction to the respondents to transfer them to recognised Private Technical Colleges as students of Alice Institute of Technology, Nawagarh, Ranchi I (respondent N. 6) have been transferred including the students in the management quota of the earlier sessions. He relied on Letter No. 1155 dated 10.7.2007 (Annexure 7) issued by the Science and Technology Department, Government of Jharkhand and the statements made in paragraph-14 of this writ petition which reads as under:14. It is also relevant to mention that students of management quota of Sessions 2003-07, 2004-08 were also transferred to R.V.S. College, Jamshedpur vide order passed in the aforesaid letter dated 10.7.2007.2. He further submitted that the petitioners made representation before the University and the State Government, but no order has been passed thereon.3. In the circumstan...
Jacob Samuel Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-25-2008
Reported in: [2008(4)JCR161(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties and with their consent this writ petition is being disposed of at this stage itself.2. The petitioner, who is an Assistant in the Jharkhand High Court, has filed this writ application questioning the legality and validity of the order dated 21.5.2007, as contained in Annexure-6, issued under the signature of the Secretary, Law (Judicial) Department, Government of Jharkhand, Ranchi, whereby the Secretary, Law (Judicial) Department, has informed the petitioner that his application for reimbursement of his medical bills regarding the expenses incurred in course of the treatment of his wife, was sent to the State Medical Council but as per the report of the State Medical Council, the bill submitted by the petitioner claiming medical reimbursement was returned on the ground that the Raj Hospital and Research Centre, where the wife of the petitioner was admitted and treated, is not in the approved list of medical institutions of the State Governm...
Arun Kumar Singh Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-24-2008
Reported in: 2008(56)BLJR2757; [2008(3)JCR637(Jhr)]
Narendra Nath Tiwari, J.1. The petitioner is aggrieved by the order dated 8.7.04 issued by the Senior Superintendent of Police, Ranchi whereby he has been asked to explain as to why he be not terminated from the services.2. The petitioner was appointed as Constable on temporary basis. His appointment was regularized by Nawada District Order No. 1260 dated 1.10.1990 issued by the Superintendent of Police, Nawada. The petitioner was then sent for training to the Police Centre, especially in traffic and vehicle control. Thereafter, he passed the training in first class vide order dated 15.4.1993 of the Principal, Traffic and Motor Vehicle Training School, Jamshedpur. The petitioner was transferred to Ranchi Police. While serving in the Police Centre, Ranchi, the petitioner was served with a notice dated 19.2.02 issued by the Superintendent of Police, Nawada asking the petitioner to explain as to why he be not terminated from the service. The petitioner had challenged the said notice befor...
Basudeo Ram Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-24-2008
Reported in: [2008(4)JCR156(Jhr)]
Narendra Nath Tiwari, J.1. The petitioner, in this writ petition, has prayed for quashing the office order under Memo No. 770 dated 28th April, 2007 (Annexure-3), whereby the petitioner has been put under suspension on the allegation of absence from duty. He has also prayed for a direction on the respondents to pay the arrears of subsistence allowance for the period of suspension/and full salary.2. The petitioner is at present posted as Assistant Teacher in Middle School, Harladih, Block Pirtand, District Giridih. It has been stated that the petitioner has is at the last stage of his service career and is due to retire on 31st July, 2008. It has been stated that suddenly the petitioner was stopped from working on the ground that he was put under suspension and even the order of suspension was not made available to him. Ultimately, the petitioner had to take resort of the provision of the Right to Information Act for obtaining the copy of the suspension order. The petitioner, thereafter...
Ramdeo Mahto Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-24-2008
Reported in: [2008(3)JCR363(Jhr)]
ORDER1. By this Public Interest Litigation, the misappropriation of Government fund, by committing illegalities and irregularities, in the distribution of food-grains under the Annapurna Schemes and Aantyodaya Schemes have been brought to the notice of this Court and mandamus has been sought for directing the Secretary, Food and Supply Department, Government of Jharkhand, Ranchi to arrange enquiry against the persons, who are involved in the said scam.2. It is stated by the petitioner that in the month of February and March, 2006, the respondent Nos. 3 and 6 Deputy Commissioner, Palamau at Medninagar and Circle Inspector, Hussainabad Anchal in collusion with concerned Halka Karamcharis misappropriated the Government fund by committing illegalities and irregularities in distribution of 383.60 quintals of rice in the garb of implementation of Annapurna Scheme in Hussainabad Block. The respondent No. 4 Sub-Divisional Officer, Hussainabad held enquiry and reported that the illegalities and...
D.N. Motors Vs. State Bank of India and ors.
Court: Jharkhand
Decided on: Jun-24-2008
Reported in: 2008(56)BLJR2482; [2008(3)JCR686(Jhr)]
Narendra Nath Tiwari, J.1. The petitioner, in this writ petition, has prayed for quashing the notice dated 23.10.2007 issued under Section 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 whereby the petitioner has been asked to discharge in full the liabilities to the tune of Rs. 10,78,529/- to the Bank within sixty days from the date of issuance of the notice. The petitioner has also prayed for a direction to dispose of the representation dated 14.12.2007 filed under the provision of Section 13(3-A) of the Act in response to the notice sent to him under Section 13(2) of the said Act.2. The petitioner deals in motor parts and other accessories and his shop is at Ratu Road, Ranchi. For smooth running of the shop, he had applied for loan from the Respondent-Bank through its Jugsalai Branch. The loan was sanctioned by a letter dated 22.1.2004 to the petitioner whereby cash credit facility was sanctioned to the petitioner up to ...
Vijay Kumar Sinha Vs. the State of Jharkhand and Sri A.B. Singh, the t ...
Court: Jharkhand
Decided on: Jun-24-2008
Reported in: 2008(56)BLJR2496; [2008(3)JCR391(Jhr)]
D.K. Sinha, J.1. The Criminal Revision is directed against the order impugned dated 16.6.2007, passed by learned A.C.J.M., Latehar in Latehar P.S. Case No. 50 of 1998 (G.R. No. 132 of 1998), whereby and whereunder, the discharge petition filed under Section 239 of the Code of Criminal Procedure on behalf of the petitioner was rejected.2. Short fact of the case, as stands narrated in the written report of the opposite party No. 2 Awadh Bihari Singh, the then Divisional Forest Officer, State Trading Division-II, Latehar, was that the petitioner Vijay Kumar Sinha was the Divisional Forest Officer of the State Trading Division-II, Latehar from 2.1.1990 to 28.12.1993. It was alleged that during his tenure of posting at such place, he defalcated huge amount of public money, approximate to the tune of Rs. 43,20,500/- as it was found after official enquiry by the Department. Informant had produced various documents with the written report which were the basis of institution of the case. It was...
Dr. Nirmal Kumar Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-24-2008
Reported in: [2008(118)FLR505]; [2008(3)JCR364(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. In view of the nature of the order, which is going to be passed, no counter affidavit is required by the respondents.3. The petitioner had moved this Court earlier in W.P.S. No. 6119/2002 making a grievance that though he has filed an appeal against the order of certain punishment by the Disciplinary Authority but the appeal, filed by him. was not being disposed of by the State of Bihar before whom the said appeal was pending. By order dated. 25/3/2003 the said writ application was disposed of noticing the fact that after bifurcation of the United State of Bihar now the appeal of the petitioner is pending before the State of Jharkhand but the relevant documents were lying with the State of Bihar. Accordingly, a direction was given to the State of Bihar to make available all the relevant documents of the petitioner to the Appellate Authority of the State of Jharkhand and, thereafter, the State of Jharkhand was directed to dispose of the a...
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