Jharkhand Court August 2008 Judgments
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Md. Shamim Ahmad and ors. Vs. Shankar Mitra
Court: Jharkhand
Decided on: Aug-27-2008
Reported in: [2008(4)JCR638(Jhr)]
ORDERR.K. Merathia, J.1. Heard the parties.2. In this writ petition, the petitioner has challenged the order dated 25.2.2008 passed by the Sub-Judge, Vth, Dhanbad, allowing the petition filed on behalf of the plaintiff-respondent to close the evidence of the plaintiff, and also the order dated 5.6.2008, closing the evidence of defendant-petitioner.3. It appears that the defendant-petitioner raised a frivolous contention that the plaintiff should be cross-examined at the cost of the plaintiff, which was rejected by order dated 25.5.2007 against which the petitioner and other tenants filed writ petitions being W.P.(C) Nos. 3930, 3945. 3951. 3953, 3954, 3956, 3962 and 4305 of 2007 which were dismissed by order dated 23.7.2007. Thereafter the defendant-petitioner did not choose to cross-examine the plaintiff, who was examined on commission.4. The Pleader Commissioner discharged the plaintiff and returned his evidence to the Court. Thereafter the defendant-petitioner filed a petition to rec...
Most. Rina Ghosh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-27-2008
Reported in: [2009(1)JCR69(Jhr)]
ORDERD.G.R. Patnaik, J.1. Prayer in this writ application has been made for quashing the letter No. 438 dated 24.4.2007 (Annexure 6) issued by the respondent No. 4 and also the decision of the Establishment Committee dated 29.11.2005 whereby the petitioner's prayer for her appointment on compassionate ground has been rejected.2. Learned Counsel for the petitioner explains that the petitioner had applied for her compassionate appointment on the ground of demise of her husband who died in harness while serving under the respondents. As per Annexure-6, the petitioner has been informed that the Establishment Committee has rejected her prayer on the grounds namely:(i) That the age of the petitioner has exceeded the maximum limit of 40 years;(ii) That the petitioner does not posses the requisite qualification for Class-IV post;(iii) That the application has been filed beyond the period of limitation of five years.3. Learned Counsel explains that none of these grounds are tenable and applicab...
Debendra Dehri Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-27-2008
Reported in: [2008(4)JCR367(Jhr)]
1. By the impugned judgment dated 12.3.2003 in SC No. 90 of 2001 passed by the 1st Additional Sessions Judge. Dumka, the sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo R.I. for life for committing murder of Somesh Chandar Dehri, husband of the informant, Gendi Devi.2. The facts in brief are that an FIR was registered on the basis of Jardbeyan of PW 9, Gendi Devi on 18.6.2000. The informant in the said fardbeyan alleged that while she was returning from 'Haat', on 17.6.2000 along with her husband and mother and at about 8:00 P.M. when they reached near village Pipra, four persons namely Devendra Dehri, Laxman Dehri, Kisto Dehri and Hariya Dehri appeared and caught hold of her husband and then appellant Debendra Dehri assaulted her husband by means of a tangi on his head due to which her husband fell down on the ground and then he cut the neck of her husband by means of tangi due to which her husband died at ...
DawlIn Kujur Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-27-2008
Reported in: [2008(4)JCR682(Jhr)]
ORDERR.R. Prasad, J.1. Having heard learned Counsel appearing for the parties, it does appear that the petitioner has claimed to have worked on the sanctioned and vacant post of Librarian-cum-Draftsman in the Bihar Plateau Development Project. Rural Engineering Organization, Works Division, Ranchi on daily wage basis from April, 2000 to December, 2002 but the payment to the extent of Rs. 44,244.96 was never made though on several occasion, the petitioner did represent the matter before the authority.2. The petitioner in order to substantiate his claim has annexed letter which of course is undated and unsigned of the Executive Engineer whereby request has been made from Rural Development Department, Government of Jharkhand for releasing the money so that payment be made to the petitioner. That apart, the petitioner has also annexed certificate issued by the then Chief Engineer, Rural Engineering Organization, Ranchi on 1.9.2000 wherein it has been certified that the petitioner has been ...
Sushil Kumar Purty Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-27-2008
Reported in: [2009(1)JCR135(Jhr)]
ORDERD.G.R. Patnaik, J.1. Petitioner in this writ application has prayed for issuance of a direction commanding upon the respondents to issue appointment letters on the post of IVth Grade to the petitioner and to keep one vacancy reserved for the petitioner in the said post.2. The petitioner's case in brief is that pursuant to an advertisement (Annexure-1), issued by the respondents inviting applications for appointment on the post of Grade IV, the petitioner had also applied and was given admit-card and he had appeared at the Tests. Later, he was called upon to submit the requisite documents. In compliance with the directions, he has submitted all the requisite certificates including the certificates concerning his academic qualifications.3. The grievance of the petitioner is that in spite of possessing of the requisite qualifications for his selection, he was denied appointment on the ground that he possesses higher qualification than what was required in the advertisement. Learned C...
Dr. Suresh Prasad Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Aug-27-2008
Reported in: [2009(1)JCR186(Jhr)]
ORDER1. This appeal has been preferred against the order dated 23.8.2006 passed by the learned single Judge in WP (S) No. 5254/2003 by which the writ petition was dismissed as a result of which the claim of the petitioner/appellant herein to grant him the benefit of the services rendered by him for the period from 1.8.1972 to 11.7.1974 was denied by virtue of which he was claiming also the benefit under the Assured Career Progression scheme.2. To explain the controversy it may be relevant to state that the petitioner/appellant herein had filed a writ petition before the learned single Judge praying therein to grant him the benefit of services rendered by him with effect from 1.8.1972 to 11.7.1974 on the basis of which he was claiming further promotion under Rajendra Institute of Medical Science, Ranchi (hereinafter referred to as 'RIMS'). The benefit of the service from 1.8.1972 to 11.7.1974 was denied to the petitioner/appellant by the respondents which has been upheld by order of the...
Shagufta ShahIn Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-26-2008
Reported in: [2008(4)JCR647(Jhr)]
D.G.R. Patnaik, J.1. Prayer in this writ application has been made for issuance of a writ in the nature of certiorari for quashing/canceling the appointment of the respondent No. 5 on the post of Sevika for the Anganbari Centre at Kankjole-Bartalla in Barharwa block within the district of Sahebganj and for a direction to the official respondents for fresh selection of Scvikas for the Anganbari Sevika according to the guidelines and instructions issued by the Government of Jharkhand.2. The petitioner's case in brief is that she is a resident of Village-Kankjole in Bartalla where the Anganbari Centre has been established. A separate and distinct centre named as Kankjole-Bartalla was subsequently created for the area where the petitioner resides.3. On 10.06.2007 a meeting of the Aam Sabha conducted by the constituents the Block Development Officer, Junior Engineer, Barharwa and two field supervisors of the Anganbari programme, was held for the selection of candidates for the post of Sevik...
Satyendra Prasad Singh Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-26-2008
Reported in: 2009(57)BLJR288; [2008(4)JCR642(Jhr)]
D.G.R. Patnaik, J.1. Petitioner in this writ application has prayed for quashing the letter dated 11.3.2008 (Annexure-7) passed by the Joint Director, Panchayati Raj (respondent No. 3) by reasons, whereby the recommendation for age relaxation in respect of the petitioner for the purposes of his appointment to the post of Panchayat Sewak, has been rejected. A further prayer has been made to issue a writ of mandamus commanding upon the respondents to grant appropriate relaxation in the age to the petitioner who is presently working as Dalpati continuously from 1990 for appointment to the post of Panchayat Sewak.2. The case of the petitioner, in brief, is that he was appointed and has been working as Dalpati continuously from 1990 and has offered his candidature for appointment to the post of Panchayat Sewak. The District Selection Committee had considered the candidature of several Dalpatis including the present petitioner and one Badri Prasad who was senior in rank to the petitioner, wa...
Om Prakash Verma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-26-2008
Reported in: 2009(57)BLJR436; [2009(1)JCR113(Jhr)]
R.R. Prasad, J.1. The petitioner, who is working as Section Officer in the Department of Home, Jharkhand, has filed this writ application wherein prayer has been made for issuance of a writ in the nature of mandamus restraining the respondent No. 3 from proceeding with the departmental proceeding till disposal of the Vigilance case No. 21 of 2000 instituted under Sections 7/13 of the Prevention of Corruption Act and further for quashing of the order as contained in memo No. 7267 dated 7.11.2007 (Annexure 6) issued by respondent No. 3 rejecting the request of the petitioner to stay the departmental proceeding until disposal of criminal case.2. The fact of the case is that the petitioner while was posted in the State of Bihar, was allegedly caught red handed while accepting bribe money, for which Vigilance case No. 21 of 2000 was instituted under Sections 7/13 of the Prevention of Corruption Act. Consequently, the petitioner was put under suspension on 7.11.2000 and after bifurcation of ...
Ajay Kumar Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Aug-26-2008
Reported in: [2008(4)JCR645(Jhr)]
D.G.R. Patnaik, J.1. Prayer in this writ application has been made for issuance of a writ in the nature of mandamus commanding upon the concerned respondents to immediately and forthwith appoint the petitioner on compassionate grounds in view of the judgment passed by the Civil Court holding that the adoption of the petitioner as the son of deceased employee who died in harness, is valid and in accordance with law.2. Facts of the case in brief is that the deceased Parwa Bhuini was an employee under the respondents and had died in harness. The petitioner is claiming himself to be the legally adopted son of the deceased and has submitted his application under the provisions of the service conditions of the deceased. The respondents have, however, refused to acknowledge petitioner's claim that he is the adopted son of the deceased. The petitioner thereafter, obtained a decree from the Civil Court in terms of which the adoption of the petitioner by the deceased was declared as valid. Again...
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