Jharkhand Court September 2008 Judgments
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Jogendra Singh Vs. State of Jharkhand and Mahabir Bhagat
Court: Jharkhand
Decided on: Sep-23-2008
Reported in: 2009(57)BLJR427; [2009(1)JCR343(Jhr)]
ORDERD.K. Sinha, J.1. The petitioner has invoked the extraordinary writ jurisdiction of this Court for quashment of the entire criminal proceeding including the order dated 7.7.2006 whereby the Chief Judicial Magistrate, Ranchi took cognizance of the offence under Sections 406/420 of the Indian Penal Code against the petitioner, the record now pending in the court of Sri. R.N. Rai Judicial Magistrate, Ist Class, Ranchi arising out of Kotwali P.S. Case No. 592 of 2005 corresponding to G.R. No. 2911 of 2005.2. The prosecution story in short was that the complainant-respondent No. 2 Mahabir Bhagat presented a complaint case No. 871 of 2005 before the C.J.M. Ranchi against the petitioner stating interalia that he was a truck driver having valid license of driving the truck. He was appointed by the petitioner on monthly salary of Rs. 2000/- for driving his truck No. CG-04/T-7437 with other incentives and he used to get salary regularly for three months but thereafter it was alleged that the...
Dr. Shamma Begum Vs. the Bihar College Service Commission and ors.
Court: Jharkhand
Decided on: Sep-23-2008
Reported in: [2009(1)JCR417(Jhr)]
ORDERAjit Kumar Sinha, J.1. Heard learned Counsel for the parties.2. In the present writ petition, the petitioner has prayed for the following reliefs:a) to quash the recommendation of the Bihar College Service Commission for the post of Lecturer in Philosophy in J.M. College, Bhurkunda, District -Hazaribagh, communicated through letter No. 1636 dated 28.2.2000, as contained in Annexure-4 of the writ application;b) to direct respondent No. 3 not to make any appointment of respondent Nos. 4 and 5 on the basis of recommendation of the College Service Commission (Annexure-4) on the post of Lecturer in Philosophy in J.M. College, Bhurkunda and a direction to the respondent No. 2 not to approve such appointment.c) to direct respondent No. 1 (College Service Commission) to re-advertise the post in accordance with law and make fresh recommendation for appointment on the post of Lecturer in Philosophy in J.M. College, Bhurkunda.d) to grant any other relief(s) to which the petitioner is found e...
Boc India Limited Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-22-2008
Reported in: [2009(1)JCR337(Jhr)]
M.Y. Eqbal, J.1. This appeal under Clause 10 of the Letters Patent is directed against the judgment dated 14.5.2008 passed in W.P. (C) No. 4830 of 2007 whereby the learned Single Judge after holding that the decision making process in the allotment of work was improper, dismissed the writ petition without giving any relief on the ground that the work allotted to respondent No. 5 was completed. However, learned Single Judge observed that the petitioner-appellant, if so wishes, would be at liberty to file suit for damages.2. The case has a chequered history. The respondent No. 3, namely, Rejendra Institute of Medical Sciences, Ranchi (in short 'the Institute') floated a notice inviting tender dated 10.2.2007 from reputed tenderers for installation and supply of complete system of Centralised Liquid Medical Oxygen with medical gas pipe line for Oxygen, Carbon dioxide, Nitrous oxide and compressed air, etc on turnkey basis in 1000 bedded various departments and wards of the Institute. The ...
Sunil Kumar Sharma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-22-2008
Reported in: [2009(1)JCR387(Jhr)]
D.G.R. Patnaik, J.1. The petitioner in this writ application has prayed for quashing of the order contained in letter No. 1615 of 19.10.2006 (annexure 5) passed by the District Superintendent of Education cum District Programme Co-ordinator, Chatra (respondent No. 5) whereby the petitioner's appointment as para teacher in the Upgraded Primary School, Godara in the district of Chatra, has been cancelled.2. The petitioner's case is that pursuant to an advertisement issued by the jharkhand Education Project Parishad for appointment of teachers in the Upgraded Middle Schools, the petitioner had filed his application. The screening committee of the Gram Siksha Samiti considered his candidature and selected him, among others, for appointment as a teacher in the aforesaid school. List of selected candidates were forwarded to the respondent No. 5 for his approval who, accorded his approval with the direction to the concerned authority to ensure joining of the teachers in the respective schools...
Sri Chandrika Prasad Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-22-2008
Reported in: [2009(2)JCR407(Jhr)]
D.G.R. Patnaik, J.1. Prayer in this writ application is for issuance of a direction in the nature of mandamus commanding upon the respondents to refund to the petitioner Rs. 49,156/-, which has been deducted from the total amount of earned leave encashment of the petitioner at the time of payment of his retiral benefits, with interest.2. The facts of the petitioner's case in brief are that he was employed as Cashier/Accountant in the Office of the R.E.O., in Hazaribagh Division and was posted in Dhanbad Sub-division of the Rural Engineering Organization. On his transfer from Dhanbad to Giridih, the Superintending Engineer, R.E.O., Hazaribagh inspected the Office of the Dhanbad Sub-division on 12.09.1994 to 14.09.1994. Almost, six years later, the petitioner was served with a copy of the report of inspection calling upon him to show cause as to why the amount of Rs. 44,182/-, which the petitioner had received, was not entered into the Account Books and was not deposited in the Governmen...
Jharkhand State Electricity Board Vs. Naveen Kumar Singh and ors.
Court: Jharkhand
Decided on: Sep-22-2008
Reported in: [2009(1)JCR383(Jhr)]
M.Y. Eqbal, J. 1. This appeal under clause 10 of the Letters Patent is directed against the judgment dated 21.12.2006 passed in W.P. (S) No. 4132 of 2006 whereby the learned Single Judge has allowed the writ petition and quashed the order dated 13.7.2006 whereby the respondent (writ petitioner) was put under suspension on the allegations of committing gross irregularity and causing loss to the appellant - Jharkhand State Electricity Board.2. The facts of the case lie in a narrow compass:At the relevant time, the writ petitioner was holding the post of Junior Engineer posted at Jamshedpur. By the impugned order dated 13.7.2006 issued under the signature of Additional Secretary, Jharkhand State Electricity Board (in short 'JSEB'), the respondent-writ petitioner was put under suspension on the allegations that he was prima facie found guilty of committing gross irregularity and causing loss to the Board and also guilty of gross indiscipline, insubordination and gross misconduct on his par...
Devendra Prasad Singh Vs. R.P. Ritolia, C.M.D. Ccl and ors.
Court: Jharkhand
Decided on: Sep-22-2008
Reported in: [2009(1)JCR212(Jhr)]
ORDERGyan Sudha Misra, C.J.1. This is a petition for contempt, which has been filed alleging noncompliance of the order dated 14.3.2008, by which the writ petition filed by the petitioner was disposed of, granting liberty to him to file a fresh representation before the Project Officer of the respondent Colliery, stating in details about his claim and grievance along with supporting documents relating to his retiral dues.2. It appears that the respondents, in spite of the petitioner's representation highlighting the details of his payment-claims, had not disposed of the same and in that process; he has not received the retiral dues although he retired 20 years back.3. This Court is shockingly surprised as neither the representation of the petitioner was decided, nor any payment towards his retiral dues was made to him. It was, therefore, directed that the respon-dent-contemnors should be ready with at least a token amount of Rs. 50,000/- towards the retrial dues of the petitioner.4. Ul...
Ramesh Kumar Bajaj @ Ramesh Bajaj and Raman Kumar Sah @ Raman Kumar Vs ...
Court: Jharkhand
Decided on: Sep-19-2008
Reported in: [2009(1)JCR684(Jhr)]
D.K. Sinha, J.1. The petitioners have invoked the extraordinary writ jurisdiction of this Court for the quashment of the order dated 26.05.2006 passed by the S.D.J.M., Godda in P.C.R. No. 627 of 2002 corresponding to T.R. No. 1169 of 2006 by an appropriate writ/order/directions.2. The brief fact of the case giving rise to the writ petition was that the Respondent No. 2 (Raj Kishore Jha) had presented a complaint vide P.C.R. No. 474/99 in the Court of C.J.M., Godda against both the petitioners Ramesh Kumar Bajaj @ Ramesh Bajaj & Raman Kumar Sah @ Raman Kumar stating inter alia that he was the owner of Mahindra Commander Jeep No. BR 12-4494 having all relevant documents of the said jeep in his name. On 12.05.1999 the petitioner No. 1 Ramesh Kumar Bajaj @ Ramesh Bajaj took the jeep of the complainant on hire from the complainant at the rate of Rs. 400/- per day. It was alleged that whenever the complainant Respondent No. 2 (Raj Kishore Jha) used to demand the freight of his jeep that was ...
Smt. Lilawati Devi Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-18-2008
Reported in: [2009(1)JCR544(Jhr)]
1. This appeal has been preferred by the appellant Smt. Lilawati Devi against the order dated 14.08.2006 passed in W.P(.S). No. 188 of 2006 by which the writ petition was dismissed holding therein that the order dated 26th July 2004 granting promotion to the petitioner on the post of Anganbari Sewika was not fit to be sustained as her initial appointment as Sahayika itself was illegal since she was not duly qualified. Thus the order dated 21.10.2005 issued by the Deputy Commissioner, Garhwa whereby selection of the petitioner on the post of Sevika had been cancelled, was upheld by the learned Single Judge.2. Challenging the order passed by the learned single Judge, it was submitted that the appellant had been initially appointed as Anganbari Sahayika by order dated 13.08.1997 and thereafter on completion of her training on the said post in Angan Bari Training Centre, Dumardag, Ranchi, she was recommended for confirmation. In the meantime, a writ petition W.P.(S) No. 3628 of 2005 was fi...
Kisto Ram Vs. State of Jharkhand Through the Secretary, Rural Developm ...
Court: Jharkhand
Decided on: Sep-17-2008
Reported in: 2009(57)BLJR309; [2009(1)JCR223(Jhr)]
R.R. Prasad, J.1. Through this writ application prayer has been made to direct the respondent to grant the scale of senior selection grade and also to pay the arrears of salary and pension after revision of the last pay in the light of 6th pay revision committee recommendation. Further prayer is to quash the order as contained in memo No. 101 dated 22.10.2003 (Annexure 5/1) whereby respondent No. 4 has refused to grant monetary benefit in terms of the recommendation made by 6th pay revision committee and also to quash the order as contained in memo No. 122 dated 9.9.2006 (Annexure 5) intimating therein that apart from Rs. 64162/- payable on account of gratuity, earned leave and bonus, nothing remains due to be paid to the petitioner.2. Learned Counsel appearing for the petitioner submits that the petitioner was appointed on class IV post in Deoghar District Board on 28.7.1964 and was paid revised salary in terms of the recommendation made by 4th pay revision committee and 5th pay revis...
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