Jharkhand Court September 2008 Judgments
Uma Pada Rewani Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Sep-29-2008
Reported in: [2009(1)JCR175(Jhr)]
D.K. Sinha, J.1. Petitioner Uma Pada Reward has invoked the extraordinary writ jurisdiction of this Court for issuance of an appropriate writ(s)/order(s) direction(s) for quashment of the order dated 30.5.2007, passed by the Principal Judge, Family Court, Dhanbad in M.P. Case No. 256 of 2006 in a proceeding under Section 125 of the Code of Criminal Procedure, whereby the Deputy Personnel Manager of Baijna Colliery, Mugma Area of M/s. E.C.L., Dhanbad was directed to stop payment of his one-third of the retiral benefits since the petitioner retired on 1.6.2007 as Coal Cutting Machine Mazdoor.2. According to the counsel for the petitioner, the provisions of the Coal Mines Gratuity Act and the Coal Mines Provident Fund Act do not permit stoppage of payment of such retiral dues or any part thereof.3. The learned Counsel explained that what a Principal Judge of a Family Court in a proceeding under Section 125 of the Code of Criminal Procedure can do is only to allow maintenance to the applic...
Tag this Judgment!Panchdeo Singh Vs. Bharat Coking Coal Limited Through Its Chairman-cum ...
Court: Jharkhand
Decided on: Sep-29-2008
Reported in: 2009(57)BLJR635; [2009(1)JCR138(Jhr)]
R.R. Prasad, J.1. The petitioner has prayed for a direction to the respondents for the payment of back wages and consequential benefits for the period of his dismissal until he was reinstated consequent upon acquittal from the criminal charges.2. While the petitioner was working as Fan Operator/Switch Board Attendant at Angarpathra Colliery, Katras, a unit of M/s. Bharat Coking Coal Limited, a criminal case was lodged under Sections 302/149 of the Indian Penal Code against him and others in which he was convicted on 23.12.1988 by the court of sessions and was sentenced to undergo imprisonment for life. Thereupon, memo of charge was served upon the petitioner calling upon him to show cause as to why not a disciplinary action be taken for committing such offence involving moral turpitude, a misconduct in terms of model standing order. Thereafter regard being had to the fact that the petitioner was convicted and sentenced for life imprisonment, he was dismissed from service with effect fr...
Tag this Judgment!Puran Chand Bhagat Vs. Smt. Usha Devi and ors.
Court: Jharkhand
Decided on: Sep-29-2008
Reported in: 2009(57)BLJR654; [2009(1)JCR177(Jhr)]
R.K. Merathia, J.1. On 18.9.2008, this Civil Revision Application was heard at length for final disposal.2. This Civil Revision Application has been filed by the defendant/tenant/petitioner against the judgment dated 14.2.2005, passed by learned Munsif, Ranchi in Title Eviction Suit No. 27/2001. The original plaintiff-Ram Das Vishwakarma having died during pendency of this Civil Revision Application, his heirs have been substituted as the opposite parties. The said suit was filed by the original plaintiff for eviction of the petitioner on the ground of his bona fide personal necessity, under Section 11(1)(c), read with Section 14 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1983, (the Act for short).3. The case of the original plaintiff, in short, was that the petitioner was inducted in the year 1976 for having his godown for a fixed period of 11 months but he became as month to month tenant on a monthly rental of Rs. 225/- per month with regard to the schedule premises...
Tag this Judgment!Muzaffar Alim and ors. Vs. Usman Khan and anr.
Court: Jharkhand
Decided on: Sep-29-2008
Reported in: [2009(1)JCR184(Jhr)]
Java Roy, J.1. Heard the senior counsel Mr. P.K. Prasad, appearing onbehalf of the appellants.2. The main grievance of the appellants is that the learned courts below have erred in going into the question of title and inferring the relationship of the landlord and the tenant between the parties. After going through the judgments of the trial court as well as the learned appellate court and noticing the argument advanced by the learned Counsel for the appellants, I am of the opinion that the findings of the learned court below is correct.3. The Trial court has taken notice of the fact at page 17 of the judgment that the plaintiff has produced rent receipts in the name of Tara Khatoon and Md. Usman of the year 1999 and in the name of Md. Sarfuddin, Dargahi, Safiq and Usman of the year 1992 and these documents are exhibited as Ext.- 2 Series. These documents create the right, title and constructive possession over suit land. He further produced decision of Anjuman regarding controversy be...
Tag this Judgment!Chandan Kumar Vs. Branch Manager, State Bank of India and ors.
Court: Jharkhand
Decided on: Sep-29-2008
Reported in: [2009(1)JCR182(Jhr)]
ORDERD.G.R. Patnaik, J.1. Prayer in this writ application is for issuance of a direction upon the respondents to grant compassionate appointment to the petitioner, on the ground that his father, who was earlier employed under the respondent Bank, had died-in-harness.2. The petitioner's case is that his father was employed in the respondent Bank at its Bazar Branch, Koderma as Record Keeper-cum-Cashier and he died-in-harness on 14.6.2002. Upon his death, the petitioner submitted his application praying for his compassionate appointment. The petitioner's mother had also joined in the prayer stating and declaring that the petitioner being the eldest son possesses all requisite qualifications including the qualification of an I.Sc. The petitioner's prayer was rejected by the respondent vide letter (Annexure-2) which communicated that since death-cum-retiral dues Of the petitioner's father has already been paid and the economic condition of the petitioner's family, after the death of the de...
Tag this Judgment!Damodar Indra Guru Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-29-2008
Reported in: [2009(1)JCR204(Jhr)]
ORDERD.G.R. Patnaik, J.1. The petitioner has filed the instant writ application in his capacity as Divisional Secretary of the Jharkhand Rural Level Workers Association, V.L.Ws, working within the State of Jharkhand.2. The petitioner has prayed for an appropriate writ/order for quashing the order dated 7.7.2006 (Annexure-5), issued by the Deputy Commissioner, Hazaribagh (respondent No. 2) as well as the order dated 7.2.2005 (Annexure-4), issued by the Special Secretary, Department of Agriculture and Sugarcane Development, Government of Jharkhand, Ranchi, whereby the Dy. Commissioner as well as the Jt. Secretary refused to fix the salary of the petitioner at Rs. 5,000-8,000/- and have instead fixed the salary of the petitioner, at Rs. 4,500-7,000/- on his completion of 12 years of continuous service.3. The case of the petitioner in brief is that there are as many as 116 V.L.Ws in the district of Hazaribagh all of whom were appointed after following all the procedures and norms applicabl...
Tag this Judgment!Arun Kumar Vs. State of Jharkhand Through the Chief Secretary, Governm ...
Court: Jharkhand
Decided on: Sep-29-2008
Reported in: [2009(1)JCR191(Jhr)]
ORDERR.R. Prasad, J.I.A. No. 1001 of 20081. Heard learned Counsel appearing for the petitioner and learned Counsel appearing for the respondents on the interlocutory application, bearing I.A. No. 1001 of 2008 wherein prayer has been made to direct the respondent No. 2 to make payment of salary with effect from 25.11.2004 till date to the petitioner and to post the petitioner against the vacant and sanctioned post.2. Learned Counsel appearing for the petitioner submits that while the petitioner was posted as Assistant Engineer in Minor Irrigation, Sub-Division, Khunti, Ranchi, Urban Development Department, made a request from the Water Resources Department, Jharkhand, to make services of at least five Assistant Engineers and three Executive Engineers available to the Department for various developmental works. Accordingly, services of the petitioner along with other persons were transferred to Urban Development Department, vide notification No. 4239 dated 14.10.2004 and accordingly, the...
Tag this Judgment!Mohan Toppo and ors. Vs. Sanjay Munda and ors.
Court: Jharkhand
Decided on: Sep-25-2008
Reported in: 2009(57)BLJR649; [2009(1)JCR390(Jhr)]
ORDERM.Y. Eqbal, J.1. This application under Article 227 of the Constitution of India is directed by the petitioners who are plaintiffs/appellants in the Court below against the order dated 04.4.2005 passed in Title Appeal No. 47 of 2003 whereby learned Additional Judicial Commissioner, Ranchi rejected the application filed by the appellants/petitioners under Order 41 Rule 27 C.P.C. for adducing some documents by way of additional evidence.2. Plaintiffs/petitioners filed aforementioned appeal against the decree passed by the trial Court dismissing the suit. During the pendency of the appeal, petitioners/appellants filed application under Order 41 Rule 27 C.P.C. for adducing certain documents (rent receipts) by way of additional evidence.3. According to the petitioner, during search of other documents, suddenly found these rent receipts of the suit land which were not within their knowledge. The said application was opposed by the respondents. The Court of appeal below rejected the appl...
Tag this Judgment!Urmila Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-25-2008
Reported in: 2009(57)BLJR610
R.R. Prasad, J.1. This writ application is directed against the order as contained in office order No. 26 dated 19.6.2006 (Annexure 7) passed by the Conservator of Forest, Afforestation and Social Forestry, Circle Hazaribagh whereby respondent having found the petitioner guilty, for the charges put in a departmental enquiry, passed an order of punishment for recovering of a sum of Rs. 68395.20 from the petitioner. Further prayer is to quash the consequential order as contained in letter No. 371 dated 16.4.2007 (Annexure 9) whereby respondent in order to realize Rs. 68395.20 has passed an order to adjust Rs. 9000/- from the salary and further a sum of Rs. 59,395.20 from the gratuity. Further prayer is to direct the respondent to fix the pay after including the annual increment which the petitioner was entitled to and to pay pension, gratuity and the amount of unutilized leave.2. The fact of the case which has given rise to this writ application is that petitioner on being appointed as F...
Tag this Judgment!Raj Kumar Verma Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-25-2008
Reported in: 2009(57)BLJR613; [2009(1)JCR172(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for issuance of an appropriate writ in the nature of certiorari for quashing the Office Order No. 88 dated 3.8.2002 vide which the petitioner was relieved from his service w.e.f. 1.8.2002 and a further prayer has been made for reinstatement with consequential benefits.2. According to the petitioner, he was appointed as Driver in Work Charge Establishment on 2.9.1989 but his service book has been opened on 19.9.1992, it is submitted that on 5.3.1997 the Special Secretary, Public Health Department, Bihar, Patna, directed for regularization of those employees who had completed 240 days under Work Charge Establishment. However, vide its impugned order dated 3.8.2002 the petitioner was relieved from his services and thereafter he made a representation on 23.8.2002 before the authorities and the present writ petition has been filed challenging the impugned order dated 3.8.2002 vide which he was relieved from service.3. ...
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