Jharkhand Court July 2008 Judgments
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Siyawar Singh Vs. the State of Jharkhand Through S.P. Vigilance Bureau ...
Court: Jharkhand
Decided on: Jul-11-2008
Reported in: 2008(56)BLJR2739; [2008(3)JCR643(Jhr)]
D.K. Sinha, J.1. This Cr. Rev. is directed against the orders dated 5.9.2007 and 10.12.2007 passed by the Special Judge, Vigilance Ranchi in Special Case No. 29 of 2004 whereby and whereunder the discharge petitions filed on behalf of the petitioner on 30.4.2007 and 18.8.2007 were rejected by order dated 5.9.2007 and the charge was framed against him on 10.12.2007.2. The prosecution story in short was that the informant Uday Nath Dubey was running M/s U. Enterprises which used to supply the vehicles on hire to the Headquarter of Jharkhand State Electricity Board. He presented a written complaint before the Superintendent of Police (Vig) Bureau, Ranchi stating interalia that the bills raised as against supply of the vehicles on hire to the Headquarter of Jharkhand State Electricity Board used to be disbursed on the recommendation of the Electrical Executive Engineer against the sanction order of the Joint Secretary-II. The bills up to 31.3.2004 were paid to him which were sanctioned by ...
Ajit Kumar Mahato Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-11-2008
Reported in: [2008(3)JCR650(Jhr)]
ORDERAjit Kumar Sinha, J.1. This writ petition has been preferred for issuance of a writ to quash the Office order issued vide memo No. 862 dated 06.4.2002 passed by the District Superintendent of Education, East Singhbhum at Jamshedpur. The main contention raised by the petitioner is that the respondent No. 3 misinterpreted the order passed by this Hon'ble Court dated 02.01.2002 in CWJC No. 1063 of 2000 and erroneously fixed the basic pay scale of Rs. 1400/- which should have been Rs. 1900/- per month with effect from 01.04.1989 as per 5th Pay Commission Revision. It has also challenged the decision of fixing petitioner's basic pay as Rs. 5300/- per month in place of Rs. 6950/- per month with effect from 01.01.1996 as per 6th Pay Commission Revision. In the order dated 02.01.2002 passed by this Hon'ble Court in CWJC No. 1063 of 2002 it has been specifically held as under:In my opinion, the petitioner is entitled to get revised pay scale with effect from 01.04.1989. The respondents are...
Prem Shankar Saha Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-11-2008
Reported in: 2008(56)BLJR2736; [2008(4)JCR154(Jhr)]
D.K. Sinha, J.1. The petitioner has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for the quashment of the order dated 1.4.2008 passed by the Sessions Judge, Sahebganj in Cr. Misc. No. 19 of 2007 whereby and whereunder bail granted to the petitioner Prem Shankar Saha on 18.4.2007 in B.P. No. 143 of 2007 was cancelled in Rajmahal P.S. Case No. 70 of 2007 corresponding to G.R. No. 143 of 2007 for the alleged offence under Section 307 and allied Sections of I.P.C., 27 of the Arms Act and Section 3(x) of the S.C. & S.T. (Prevention of Atrocities) Act, now pending in the Court of Additional Sessions Judge-I, Sahebganj in Sessions Case No. 26 of 2007.2. The brief fact of the case is that the petitioner Prem Shankar Saha along with other accused persons had preferred a Bail Petition under Section 439 Cr.P.C. before the Sessions Judge, Sahebganj in B.P. No. 143 of 2007 wherein the petitioner and the co-accused were admitted to bail on executing bail bond of Rs. 10,0...
Bharat Coking Coal Ltd. Vs. the Regional Labour Commissioner (C) Dhanb ...
Court: Jharkhand
Decided on: Jul-11-2008
Reported in: [2008(4)JCR122(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred to quash the appellate order dated 29.11.2002 passed by the Regional Labour Commissioner (C), Dhanbad in P.G. AppeaL/(48)/2002, whereby and whereunder, the appeal of the writ petitioner was dismissed. Petitioner has also prayed for quashing the findings of the Controlling authority dated 26.6.2002 under the Payment of Gratuity Act in Application No. 36/19/2001-E.6, whereby, a decision was issued to the petitioner-Management to pay the gratuity amounting to Rs. 3.50,000/- along with 10% interest with effect from 31.1.2001.2. The fact, in brief, as submitted by the petitioner-Management, is set out as under. It is submitted that respondent No. 3 while posted as Deputy Chief Engineer committed misconduct of fraud and dishonesty during the period 1989-91, as a result of which investigation was carried out by the Central Bureau of Investigation and necessary follow up actions were taken against him. The petitioner-Mana...
Raju Mahto Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-11-2008
Reported in: [2008(4)JCR140(Jhr)]
ORDERD.G.R. Patnaik, J.1. Heard the counsel for the petitioner and the State.The petitioner has filed the instant application against the order dated 8.1.2008 passed by the trial Court in Sessions trial No. 29 of 2001, whereby the petitioner has been directed to appear and face trial.2. The case against the petitioner was registered on the basis of the fardbeyan of the informant namely Krishna Deo Prasad on 8.5.1999 alleging therein that the accused persons named in the FIR, including the petitioner, after forming an unlawful assembly, variously armed with weapons, come to the house of the informant and after abusing the informant assaulted him with sword and other weapons and when the brothers of the informant tried to rescue, they two were assaulted.3. Though after concluding investigation, the Police submitted charge-sheet against the accused persons, but the Police did not recommend trial of the petitioner for any offence. In due course, trial commenced after framing of charge agai...
Kouleshwar Mahto Vs. the Central Coal Fields Limited Through Its C.M.D ...
Court: Jharkhand
Decided on: Jul-10-2008
Reported in: [2008(118)FLR1061]; [2008(3)JCR475(Jhr)]
R.K. Merathia, J.1. Heard the parties finally.2. Petitioner is seeking a direction upon the respondents to appoint him on compassionate ground.3. Petitioner's case in the writ petition in short is that he is the second son of the deceased employee Jogi Mahto who died in harness on 30.11.1998. Petitioner has twonames-'Bhuneshwar Mahto' and 'Kouleshwar Mahto'. In the Admit Card of the Matriculation Examination his name is mentioned as 'Kouleshwar Mahto' s/o of Jogi Mahto and his date of birth is mentioned as 12.1.1977. In the service records his other name'Bhuneshwar Mahto' was written. His father sworn an affidavit on 17.8.1994 (Annexure-2) saying that petitioner-'Kouleshwar Mahto' is his second son whose name has been wrongly mentioned in service record as 'Bhuneshwar Mahto'. Petitioner applied for his compassionate appointment on 24.2.1999. By letter dated 27.9.2003, the police was requested to enquire about the genuinity of the petitioner. The police in its enquiry report dated 18.10...
Ram Bachan Prasad Singh Vs. Project Officer Chasnalla Colliery and anr ...
Court: Jharkhand
Decided on: Jul-10-2008
Reported in: [2008(3)JCR709(Jhr)]
ORDERNarendra Nath Tiwari, J.1. An application (I.A. No. 610 of 2008) has been filed by the petitioner praying for fixing an early date of hearing.2. Since the respondents have already appeared and filed their counter affidavit, the matter is heard on merit at this stage itself and is being disposed of finally by this order. No separate order need be passed in the interlocutory application.3. In the writ petition, the petitioner has prayed for quashing the office order dated 31.10.2005 passed by the respondents, whereby the petitioner was informed about his date of superannuation as 31.10.2005.4. It has been stated that the petitioner is due to retire on 31.10.2010 as per the entry recorded in Form B register. But by the impugned letter, the date of his retirement has been shifted five years back to the petitioner's prejudice without giving him any notice or opportunity of hearing. It has been stated that acting upon the said letter, the respondents forced the petitioner to retire prem...
Jharkhand Small Industries Association Through Its President, Shri Aru ...
Court: Jharkhand
Decided on: Jul-09-2008
Reported in: 2008(56)BLJR2447; [2008(4)JCR62(Jhr)]
Narendra Nath Tiwari, J.1. These two writ petitions give rise to the same issues founded on the identical set of facts. Hence, with the consent of the parties, both the cases have been heard together and are being disposed of by this common judgment.2. The petitioners are aggrieved by the notice inviting tender being NIT No. 01/07-08 issued by the Drinking water and Sanitation Department, Government of Jharkhand for installation of hand pumps on turn-key basis.3. The petitioners have prayed for quashing NIT No. 01/07-08 (Annexure-4) as also the resolution dated 17.8.07 (Annexure-3) whereby it has been held that henceforth the work done in respect of the village water supply scheme as well as the scheme in relation to installation of hand pumps would be done on turn-key basis irrespective of the cost of the work. The said resolution has been issued in supersession of the earlier resolution dated 15.7.05. The petitioners have further prayed for a direction on the respondents to strictly ...
Md. Ilahi Buksh Vs. Heavy Engineering Corporation Ltd. and ors.
Court: Jharkhand
Decided on: Jul-09-2008
Reported in: [2008(118)FLR934]; [2008(3)JCR461(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred against an order dated 6.2.2002. whereby, the respondents have held that the date of birth of the petitioner, as entered in the Pre-employment Medical Report Service Book, is 1.7.1946. The petitioner has also prayed for treating his date of birth as 5.1.1948.2. The facts, in brief, as stated by the petitioner are set out as under:The petitioner was appointed as Pantry Clerk on 1.9.1964 and was later on promoted to the post of Canteen Manager. According to him, in column 6 of the School Leaving Certificate his date of birth was mentioned as 5.1.1948. He has also stated that even in the Service Book, his date of birth was written as 5.1.1948. According to the petitioner, when he came to know about the illegal entry with regard to the date of birth, as entered in the Pre-employment Medical Report Service Book (1.7.1946), he filed a representation on 4.10.2001 for correction of his date of birth. Thereafter, the respo...
Vicky Sao Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-09-2008
Reported in: 2008(56)BLJR2502; [2008(3)JCR489(Jhr)]
D.G.R. Patnaik, J.1. Petitioner has filed the instant revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 for setting aside the order dated 10.6.2008 passed by the Additional Sessions Judge, FTC-VIth, Dhanbad whereby the petitioner's prayer for sending his case for consideration of trial by the Principal Magistrate, Juvenile Justice Board, Dhanbad, on the ground that the petitioner is below 18 years of age, was rejected.2. The petitioner was arrested in connection with the case registered for the offences under Sections 20, 22 and 29 of the N.D.P.S. Act. He was produced on arrest before the learned Chief Judicial Magistrate. Considering the petitioner to be an adult above 18 years of age by his physical appearance, the learned Chief Judicial Magistrate remanded the petitioner to judicial custody. The case was eventually transferred to the court of Additions Sessions Judge, FTC-VIth-cum Special Judge, Dhanbad who was competent to try...
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