Jharkhand Court July 2008 Judgments
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Birendra Kumar Vs. Coal India Limited Through Its C.M.D. and ors.
Court: Jharkhand
Decided on: Jul-17-2008
Reported in: [2008(4)JCR695(Jhr)]
R.K. Merathia, J.1. Heard the parties finally.2. Mr. Kalyan Roy, appearing for the petitioner submitted that petitioner has challenged the notice dated 5.6.2008 (Annexure-4) by which several employees including the petitioner have been asked to appear in the qualifying examination for promotion from nonexecutive cadre to executive cadre in Secretariat discipline. He further submitted that petitioner and others filed writ petitions being C.W.J.C. No. 3482 of 1998 which was disposed of on 31.8.2005. The operative portion of the said order reads as follows:In all the writ petitions, the petitioners have become eligible for promotion and after written test and interview they were selected for promotion. Since it is not a case of fresh appointment, I am of the view that even after the expiry of the panel, the cases of the petitioners are bound to be considered by the respondents' authority for giving promotion. Learned Counsel for the petitioner by filing affidavits have given the existing ...
Renu Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-17-2008
Reported in: [2008(3)JCR506(Jhr)]
ORDER1. This appeal has been preferred by the appellant. Renu Devi, against the order dated 10.6.2008 passed by the learned single Judge in W.P. (S) No. 4550 of 2007 by which her appointment on the post of Anganbari Sevika has been cancelled holding therein that her appointment has rightly been cancelled as she was not below the poverty line which was a condition precedence for appointment on the post of Anganbari Sevika.2. The learned single Judge while dismissing the writ petition took notice of the fact that the respondent's' decision to hold Gram Sabha wherein the resolution could be passed regarding the appointment on the post of Anganbari Sevika after considering the applicant's eligibility as to whether she is below the poverty line or not, was an appropriate decision and hence, the same was not allowed to be assailed by the appellant.3. Challenging the order passed by the learned single Judge, it was submitted that the appointment on the post of Anganbari Sevika could not have ...
Dr. Smt. Renu Bala Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-17-2008
Reported in: [2008(4)JCR90(Jhr)]
1. This appeal has been preferred by the appellant, Dr. Smt. Renu Uala, against the order dated 20.4.2007 passed by the learned Single Judge in W.P. (S) No. 5545 of 2004 by which the writ petition filed by the petitioner (appellant herein) was disposed of rejecting the promotional benefit to the petitioner (appellant herein) from the year 1987 for the post of Professor.2. To highlight the controversy, it may be relevant to state briefly that the appellant was promoted on the post of Professor by notification dated 14.10.2006 issued by the Secretaiy, Department of Health, Medical Education and Family Welfare, Ranchi which gave a cause to the appellant to assail the same as, according to her case, she was eligible for promotion to the post of Professor from 17.4.1987 itself. However, the learned Single Judge partially granted her relief by treating her promotion to the post of Professor with effect from 19.1.1996 and not from 05.5.1997 which was granted to her by the notification dated 1...
Harish Chandra Jha Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-17-2008
Reported in: [2008(3)JCR499(Jhr)]
ORDERD.G.R. Patnaik, J.1. Heard the counsel for the parties.2. In this writ application, the petitioner has prayed for issuance of a direction on the respondents to grant additional increment to the petitioner in accordance with the Circular dated 26.11.1990 issued by the Personnel and Administrative Reforms Department, under which one additional increment is to be given to the Government servants who have undergone family planning operation.3. The contention of the petitioner is that his wife had undergone tubectomy operation on 16.6.1995 under the family planning scheme, as she was already blessed with two sons and she did not want any further children. The petitioner applied before the appropriate authority on 19.7.1995 invoking the provision of the aforesaid Circular issued by the Department of Personnel and Administrative Reforms and claimed one additional increment. The requisite medical certificate was also annexed to the application filed by the petitioner along with all necess...
Udhwa Prakhand Nav Yatayat Swavlambi Sahkari Samiti Ltd. Vs. State of ...
Court: Jharkhand
Decided on: Jul-17-2008
Reported in: [2008(4)JCR704(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioner in this writ application has prayed for issuing a direction to the respondents to refund the reserve jama (security deposit) of Rs. 6,22,000/- which was deposited by the petitioner with the respondents for obtaining licence for ferrying ghats.2. Learned Counsel for the petitioner explains that the amount was deposited in terms of the original understanding with the concerned authorities of the Department that licence for ferrying ghats would be given to the present petitioner. Subsequently, two rival societies also staked their claim and applied for licence for ferrying glials. The dispute was referred to the Registrar. Co-operative Society, Jharkhand, Ranchi by the order of this Court passed in earlier writ application filed by the petitioner. The Registrar directed the Deputy Commissioner, Sahebganj to resolve the dispute between the parties with certain guidelines. As per guidelines, it was decided that ghats should be equally distributed amongst...
Brahmdeo Choudhary Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-16-2008
Reported in: [2008(4)JCR694(Jhr)]
R.K. Merathia, J.1. The petitioner has prayed for quashing the order dated 25.6.2002 passed by the Director, Secondary Education, Jharkhand, Ranohi Respondent No. 2.(Annexure-2), whereby the claim of petitioner for recognition of his post as founder Headmaster, has been rejected.2. Mr. A.K. Sahani submitted that petitioner was appointed on 1.1.1981 as Assistant Teacher by the Managing Committee of Adivasi High School Chhappargarha, Tenughat (Now in the district of Bokaro) (Annexure 1). The Managing Committee appointed him as Headmaster by order dated 21st January, 1981 (Annexure-2). Thereafter, has been working as Headmaster in the said school but as his name was not recommended for recognisition for the appointment as Headmaster, he filed a writ petition being W.P.S No. 5294 of 2001. The petitioner contended therein that his case is covered by the Judgment of Supreme Court Reported in 1998 Volume II PLJR page 2 (SC) A.K. Pradhan. The said writ petition was disposed of on 16.10.2001 wi...
Ruder Narayan Mahto @ Rudra Narayan Mahato Vs. State of Jharkhand and ...
Court: Jharkhand
Decided on: Jul-16-2008
Reported in: [2008(3)JCR464(Jhr)]
D.K. Sinha, J.1. The petitioner has invoked the inherent jurisdiction of this Court under Section 482, CrPC for quashment of the entire criminal proceeding including the order dated 10.8.2002 in Complaint Case No. 142 of 2002 whereby the learned Judicial Magistrate found prima facie case after enquiry for the alleged offence under Section 323/427/504 and 379, IPC and directed the processes to be' issued against him.2. The complainant-opposite party No. 2 (Rishikesh Mahato) entered appearance by executing Vakalatnama.3. The brief fact of the case was that the opposite party No. 2-cornplainant filed a Complaint Case No. 142 of 2002 before the C.J.M., Ranchi stating, inter alia, that he had a piece of land at Khijul Toli. measuring an area of 1.66 acres appertaining to Khata No. 139, Plot No. 1474. While he was raising boundary wall over the said land on 19.2.2002 the accused persons including the petitioner came there at about 3 p.m. and demanded Rs. 50,000/- from the complainant. On the...
Putul Gupta Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jul-16-2008
Reported in: [2008(3)JCR538(Jhr)]
ORDERD.G.R. Patnaik, J.1. The petitioner has challenged the order dated 23.3.2007, passed by the First Additional Sessions Judge, Hazaribagh in Sessions Trial No. 498 of 2004. whereby the petitioner's prayer under Section 319 of the Cr PC for summoning the respondent Nos. 2 to 6 and directing them to face trial in the case was rejected.2. The facts of the case in brief are that the petitioner had filed a complaint in the Court of the learned Chief Judicial Magistrate against her husband. Sanjay Gupta and also against the opposite party Nos. 2 to 6. The complaint was forwarded to the police for registering a case and investigation. The case at the Sadar Police Station was registered for the offences under Sections 398-A and 307 of the IPC and under Section 3/4 of the Dowry Prohibition Act. After concluding the investigation, the police submitted charge-sheet recommending trial of the husband. Sanjay Gupta only while the remaining accused persons, namely, the present opposite party Nos. ...
Umesh Kumar Singh Vs. the State of Bihar and ors.
Court: Jharkhand
Decided on: Jul-16-2008
Reported in: [2008(4)JCR692(Jhr)]
D.G.R. Patnaik, J.1. Petitioner in this writ application has prayed for issuance of an appropriate writ in the nature of mandamus commanding upon the respondents not to act in pursuance of the termination order issued under the seal and signature of the respondent No. 3 vide letter No. 327 dated 23.7.1992, whereby the petitioner's services have been terminated from the post of Clerk in a sanctioned post at J.K.R.R. High School, Chirkunda along with 23 others. Further prayer has been made to quash the order dated 29.4.2003 issued by the respondent No. 3, whereby the petitioner's representation filed in compliance with the order passed in CWJC No. 3540 of 1993 (R), was rejected purportedly on illegal grounds. Further prayer has been made to direct the respondents to reinstate the petitioner at his original post as has been done to other 19 similarly situated persons whose services were also terminated in the same manner as that of the petitioner and who were subsequently reinstated in th...
Ruder Narayan Mahto @ Rudra Narayan Mahato Vs. the State of Jharkhand ...
Court: Jharkhand
Decided on: Jul-16-2008
Reported in: [2008(4)JCR760(Jhr)]
D.K. Sinha, J.1. The petitioner has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashment of the entire criminal proceeding including the order dated 10.08.2002 in Complaint Case No. 142 of 2002 whereby the learned Judicial Magistrate found prima facie case after enquiry for the alleged offence under Section 323/427/504 and 379 I.P.C. and directed the processes to be issued against him.2. The complainant-O.P. No. 2 (Rishikesh Mahato) entered appearance by executing Vakalatnama3. The brief fact of the case was that the O.P. No. 2-complainant filed a Complaint Case No. 142 of 2002 before the C.J.M., Ranchi stating, inter alia, that he had a piece of land at Khijul Toli, measuring an area of 1.66 acres appertaining to Khata No. 139, Plot. No. 1474. While he was raising boundary wall over the said land on 19.2.2002 the accused persons including the petitioner came there at about 3 p.m. and demanded Rs. 50,000/- from the complainant. On the refusal there be...
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