Jharkhand Court July 2008 Judgments
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Jagarnath Prasad Vs. State of Jharkhand Through the Secretary, Buildin ...
Court: Jharkhand
Decided on: Jul-21-2008
Reported in: 2008(56)BLJR2947; [2008(4)JCR87(Jhr)]
Ramesh Kumar Merathia, J.1. Heard the parties at length.2. Petitioner has challenged Notification No. 3811 (Bha) dated 31.12.2007 (Annexure 2) by which he has been transferred. He has also challenged the second part of Notification No. 3841 (Bha) dated 31.12.2007 (Annexure 3) by which respondent No. 5 (for short 'R-5') has been posted to work as Incharge in place of petitioner till further order.3. Mr. B.B. Pandey, learned senior counsel appearing for the petitioner, submitted that meeting of the Establishment Committee was held on 28.12.2007 but it did not recommend the petitioner's transfer, but even then he was transferred within ten months from his last transfer. He further submitted that if any enquiry was going on against the petitioner in September/ October/November, 2007 which necessitated the transfer of petitioner, the Establishment Committee could have recommended the petitioner's case of transfer. He further submitted that by counter affidavit, the State cannot explain the ...
Sheo Singh Vs. the Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jul-21-2008
Reported in: 2008(57)BLJR14; [2008(4)JCR54(Jhr)]
D.G.R. Patnaik, J.1. Heard the counsel for the parties.The short question which has been called for consideration in this case is whether the Electricity Board can raise average bills on account of default in the meter installed in the petitioner's premises by applying the process of load factor.2. Facts of the case, in brief is that the petitioner is a domestic consumer of electricity supplied by the respondent Board. The meter installed within his premises for the purpose of calculating electricity consumption became defective and it was pointed out by the petitioner to the respondent Board. Consequently, the electricity Board raised a bill purportedly on the basis of average billing claiming that the consumer was liable to pay the electrical charges showing connected load as 2 KW and for two hundred units consumption. The petitioner challenged the bill raised by the electricity Board and filed writ petition being CWJC No. 2389 of 2000. While disposing of the writ petition, this Cour...
Management of Department of Tele Communication, Post and Telegraph, El ...
Court: Jharkhand
Decided on: Jul-18-2008
Reported in: [2008(118)FLR111]; [2008(3)JCR515(Jhr)]
1. This appeal has been preferred against the order dated 25.01.2008 passed by the learned Single Judge in W.P(L) No. 922/2007 by which the writ petition filed by the appellant-management of Department of Tele Communication, Post & Telegraph, Electrical Division, Ranchi challenging the award passed in favour of the respondent-workman for his reinstatement but without back wages was dismissed.2. The case of the appellant-management before the learned Single Judge as also before this Court is that the respondent-workman had already filed a writ petition earlier challenging his termination and the said writ petition had been dismissed as the respondent-workman herein had failed to produce the letter of appointment. The respondent-workman thereafter succeeded in getting a reference initiated for challenging his termination and the Tribunal finally, after critical appreciation of evidence on record, was pleased to hold that the termination of the respondent-workman was contrary to the provi...
Bhagirathi Mahato Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-18-2008
Reported in: [2008(3)JCR512(Jhr)]
D.G.R. Patnaik, J.1. In this application the petitioner has prayed for issuance of a direction to the respondents to pay arrears of enhancement of salary arising out of the first and second time bound promotion given to the petitioner with effect from 1.4.1981 and 28.8.1990 and also for payment of arrears of dearness allowance from 1.1.1996 in the revised scale of pay pursuant to the recommendation of the fifth pay commission.2. Learned Counsel for the petitioner submits that the petitioner was in the service of the respondent No. 3 as grain gola Chaukidar and he was granted first time bound promotion from 1.4.1981 under memo no 918 dated 17.12.1993 and second time bound promotion was also given to him from 28.8.1990 by order contained in memo No. 197 dated 2nd March, 1994. Both the aforesaid orders of time bound promotion was passed by the Deputy Director, Welfare, South Chotanagpur Division, Ranchi. However, the petitioner was not given enhanced salary out of first and second time bo...
Binod Kumar Pandit Vs. State of Jharkhand Through Cbi
Court: Jharkhand
Decided on: Jul-18-2008
Reported in: [2008(3)JCR525(Jhr)]
D.G.R. Patnaik, J.1. Challenge in this appeal is against the Judgment and order of conviction and sentence dated 17.3.2008 passed by the 7th Additional Judicial Com-missioner-cum-Special Judge, CBI. Ranchi in R.C. Case No. 14(A) of 2002 (R), whereby the appellant was convicted for the offence under Section 7 of the Prevention of Corruption Act read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act and sentenced to imprisonment for two years for the offence under Section 7 and three years for the offence under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act besides payment of total amount of fine of Rs. 5,000/-.2. Facts of the case in brief is that the complainant who was employed as Postman in Sub Post Office, Namkum, had applied for his transfer on 12.9.2002 on account of his personnel inconveniences at his present place of posting. Earlier on 11.9.2002 he had gone on earned leave. When he returned and wanted to resume his duty on 1.10.2002, the...
indramani Roy Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jul-18-2008
Reported in: 2008CriLJ4663
D.G.R. Patnaik, J.1. The petitioner in this application has prayed for setting aside the order dated 25.10.2005 passed by the learned Judicial Magistrate, Dhanbad, in the complaint case (CP No. 1341 of 2002), whereby the complaint filed by the petitioner was dismissed on the ground of want of sanction under Section 197 Cr.P.C as well as on the ground that there was no prima facie case made out for any of the offences.2. The petitioner herein is an employee of the Bharat Coking Coal Limited while opposite parties No. 2, 3 and 4 are Inspectors of Police, CBI, Dhanbad.3. Facts of the case, in brief, is that a case vide CBI, Dhanbad, RC case No. 3 (A) of 2002D was registered for offence under Section 7 of the Prevention of Corruption Act, 1988 on the basis of the complaint made by one Bajrangi Bhuiyan, an employee of the Bharat Coking Coal Limited. The petitioner was cited as an accused in this case. The complainant had alleged that certain allegations were made in the complaint by Bajrang...
State of Jharkhand Through Principal Chief Conservator of Forest Vs. U ...
Court: Jharkhand
Decided on: Jul-18-2008
Reported in: [2008(3)JCR523(Jhr)]
ORDER1. This appeal has been preferred by the State of Jharkhand against the order dated 29.9.2006 passed by the learned single Judge who had been pleased to allow the writ petition filed by the petitioner/respondent herein for quashing the departmental proceeding which had been initiated on the charge that he had embezzled a sum of rupees one lakh and odd while he was posted in the State of Bihar. Thereafter the State of Jharkhand came into existence after bifurcation of the State of Bihar and the appellant-State, instead of transferring the enquiry to the State of Jharkhand, proceeded with the ex-parte enquiry against the petitioner/respondent herein and finally imposed punishment on him. The delinquent, who was the petitioner before the learned single Judge, the respondent herein, challenged the ex-parte enquiry which had been concluded against him by the State of Bihar without any notice from the Stale of Jharkliand. The learned single Judge, on a consideration of the plea of the d...
Mochi Ram Lohra @ Muchi @ Mochi Lohra Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jul-18-2008
Reported in: [2008(3)JCR513(Jhr)]
ORDERD.G.R. Patnaik, J.1. The instant revision application has been filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 with a prayer for quashing the order dated 17.12.2007 passed by the Additional Judicial Commissioner, XX, Ranchi in Criminal Appeal No. 216 of 2007 whereby the petitioner's appeal filed under Section 52 of the Act against the order dated 21.9.2007 passed by the Juvenile Justice Board. Ranchi rejecting the petitioner's prayer for bail, was dismissed.2. Facts of the case in brief is that the petitioner was made an accused in a case registered for the offences under Sections 341, 323, 307 and 302/34 of the Indian Penal Code. Besides the petitioner, the co-accused in the case are his father and other members of his family. Since the petitioner was found to be a juvenile on the date of occurrence, his case was forwarded for inquiry and disposal to the Juvenile Justice Board. The petitioner filed his prayer for ball under Section 12 of...
Raj Steels and Ferro Alloys Pvt. Ltd. Vs. Jharkhand State Electricity ...
Court: Jharkhand
Decided on: Jul-18-2008
Reported in: 2008(56)BLJR2893; [2008(4)JCR148(Jhr)]
R.K. Merathia, J.1. Heard the parties at length finally.2. This writ petition has been filed for quashing the letter No. 533/HESA dated 15.2.2008 (Annexure 11) based on the decision of the Respondents-Board dated 14.2.2008 (Annexure-A), informing the petitioner that the assessment order passed by the then Electrical Superintending Engineer vide his order No. 78 dated 27.10.2005, has been withdrawn by the Apex Board on the ground that in view of the notification dated 26.8.2004, designating the Executive Engineer as the assessing officer, he had no jurisdiction to pass that order; and the matter will be heard afresh by the General Manager-cum-Chief Engineer, Hazaribagh. Petitioner has further prayed for direction to raise bill on the basis of the said order No. 78 dated 27.10.2005 passed by the Electrical Superintending Engineer.3. Mr. M.S. Mittal, learned Counsel, appearing for the petitioner, submitted as follows. A team of officers used to come every month for taking meter reading. T...
Shaikh Irshad Ahmad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-18-2008
Reported in: [2008(3)JCR518(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioner has filed the instant writ application with a prayer for directing the respondents to count the services of the petitioner as continuity of service on and from his date of appointment i.e. 1.1.1989 and also to make payment of full back wages to the petitioner which has not been paid to him since November 1991 till 29.8.1992 and further, additional amount of salary accrued since after termination of his service on 23.7.1992 till the date of his reinstatement on 5.2.2000.2. Shri Mahesh Tiwari, learned Counsel for the petitioner explains that the petitioner was employed in the Education Department under the State Government and he was absorbed in services on 1.1.1989. After he put in continued service till July 1992, he was served with an order of termination of his service on 23.7.1992 on the ground that his appointment was not in consonance with the procedure in as much as, the authority under whose instruction appointment was made, did not have the ...
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