Jharkhand Court September 2008 Judgments
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Smt. Champa KamIn Vs. Employees in Relation to the Management of Tegul ...
Court: Jharkhand
Decided on: Sep-08-2008
Reported in: [2009(1)JCR428(Jhr)]
1. This appeal has been preferred against the order dated 13.5.2C08 passed by the learned Single Judge in W.P. (L) No. 5019 of 2003, by which the learned Single Judge had been pleased to allow the writ petition preferred by the respondent-employer by setting aside the award passed by the Central Industrial Tribunal, Dhanbad which had directed the Management to assess the age of the concerned workman-Smt. Champa Kamin, at the fag end of her service.2. From the facts recorded in the impugned order as also in the award passed by the Industrial Tribunal, it is clear that the appellant-workman had not complained against the entry in regard to her date of birth in the service record as her date of birth at the time of entry into the service was recorded on the basis of an oral assertion to which she never objected and only after 25 years of service she came up with a case that her age be assessed by a medical board. A Reference in this regard was therefore initiated and although the Referenc...
State of Jharkhand Vs. Dinesh Sharma and ors.
Court: Jharkhand
Decided on: Sep-08-2008
Reported in: AIR2009Jhar89
1. This appeal has been preferred against the order dated 28-02-2008 passed by the learned single Judge in W. P. (C) No. 72 of 2006 whereby the learned single Judge although disposed of the writ petition by holding that no relief can be granted to the petitioner as the work order had already been executed by respondent Nos. 7 and 8, it was directed that the Chief Secretary, Government of Jharkhand and the Secretary of the Rural Engineering Department should enquire into the matter regarding grant of tender to the respondent Nos. 7 and 8 within four weeks from the date of receipt/production of the order passed by the Court.2. The State of Jharkhand who was the pro forma respondent before the learned single Judge has filed this appeal assailing the direction to the extent by which the Chief Secretary and the Secretary, Rural Engineering Department had been directed to enquire into the matter and in support of the same it was submitted that there was no prima facie case before the learned...
Sajal Chakraborty Vs. State of Jharkhand Through Cbi
Court: Jharkhand
Decided on: Sep-05-2008
Reported in: [2008(4)JCR533(Jhr)]
ORDERR.R. Prasad, J.1. Heard learned Counsel appearing for the appellant and learned Counsel appearing for the CBI on the matter of ball.2. Learned Counsel appearing for the appellant submitted that the appellant having been convicted for the offences under Section 120-B read with Sections 409, 420, 467, 468, 471/465 and 477-A of the Indian Penal Code as also under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act was awarded maximum sentence for four years and six months for one of the offences after holding that he had nexus with other Fodder Scam accused, namely, Sushil Kumar Jha and also with the kingpin of the scam, namely, Shyam Bihari Sinha who got him posted at Chaibasa for facilitating the other accused to have smooth withdrawal of the Government money from the Treasury of which the appellant never made any inspection and received a Laptop from Mahendra Kumar Kundan another accused of the Fodder Scam and thereby facilitated other accused to withdr...
Shashank Shekhar Singh and anr. Vs. Phulpoti Devi
Court: Jharkhand
Decided on: Sep-05-2008
Reported in: [2009(1)JCR221(Jhr)]
ORDERD.G.R. Patnaik, J.1. IA No. 2406 of 2008 has been filed by the appellants praying for Initiation of a contempt proceeding against the respondent for alleged violation of the order of this Court passed on 29.2.2008.2. Learned Counsel would explain that by the aforesaid order, the proceedings in the execution case No. 1 of 2007 pending before the Munsif, Seraikela Khar-sawan was stayed. Though such stay was allowed till the appearance of the respondent, but the order of stay was not vacated.3. In fact, the respondent had filed a petition after her appearance in the case through her lawyer for vacating the stay, but for the reasons known to her, the petition was not pressed and no order was passed and therefore the order of stay having not been vacated, it is deemed that the same continues. Yet, by making wrong representation before the Executing Court, the respondent has proceeded to obtain writ of delivery of possession from the Court below. Thus, according to the learned Counsel f...
Dharam Chand Goyal Vs. Bihar State Financial Corporation Through Its M ...
Court: Jharkhand
Decided on: Sep-04-2008
Reported in: 2009(57)BLJR302; [2009(1)JCR218(Jhr)]
R.R. Prasad, J.1. This writ application has been filed for issuance of a writ in the nature of certiorari for quashing the order as contained in Reference No. 386 dated 12.6.2006 (Annexure 10) whereby specified authority in exercise of power conferred under Section 32(G) of the Bihar State Financial Corporations Act issued a certificate for recovery of a sum of Rs. 2,36,78,313.94 along with pendente lite and future interest and made request from the Deputy Commissioner-cum-Certificate Officer to realize the said amount from all promoters of M/s. Chinar Foods Pvt. Ltd. Ranchi including the petitioner as arrears of land revenue and further to quash the entire certificate proceeding, bearing certificate case No. 03 (BSFC)/06-07, pending before the District Certificate Officer, Ranchi so far this petitioner is concerned.2. The case of the petitioner is that M/s. Chinar Foods Pvt. Ltd. having its office at Ranchi to which petitioner was one of the Directors was sanctioned a term loan of Rs....
Birendra Kumar Vs. Central Coalfields Limited Through Its Chairman Cum ...
Court: Jharkhand
Decided on: Sep-04-2008
Reported in: 2009(57)BLJR461
D.G.R. Patnaik, J.1. The petitioner's father Devendra Prasad Jha was in the service of the Central Coalfields Limited and was employed as an U.D.C. in Kedla underground project. He died in harness on 9.4.2003.After his death, his widow applied before the respondent CCL on 26.5.2003 for compassionate appointment under Clause 9.3.2. of the National Coal Wage Agreement VI/VII. The petitioner also moved his application along with the application filed by his widow mother for his compassionate appointment. In response to the application, the petitioner was called upon by the concerned authority of the respondents to appear at the Area Level Screening Committee. The petitioner appeared before the Screening Committee.2. However, the petitioner received a letter dated 5.5.2004 (Annexure-7) from the respondents, whereby he was intimated that his application for compassionate appointment was rejected on the ground that his eldest brother was in employment of Indian Army and that, as per norms of...
Narendra Kumar Singh and ors. Vs. State of Jharkhand and
Court: Jharkhand
Decided on: Sep-04-2008
Reported in: 2009(57)BLJR627(1); 2009CriLJ1012
ORDER1. Heard the counsel for the parties on the interlocutory application jointly filed by the parties which has been placed today.2. In the main application of quashing the petitioners have prayed for the quashing of the order dated 17/01/2007 in G.R. Case No. 2357 of 2006, whereby the Chief Judicial Magistrate, Jamshedpur took cognizance of the offences under Section 498A, 406, 307/34 IPC against the accused persons.3. Now, by filing a joint interlocutory application the petitioners as well as O.P. No. 2 (the informant) prayer has been made therein to quash the criminal proceeding of the aforesaid G.R. Case No. 2357 of 2006 in view of compromise arrived at between the parties.4. Some relevant facts leading to the present application are as follows:(i) The O.P. No. 2 Smt. Bhavna Singh being the wife of Pratyush Chandra Madhur (petitioner No. 4 herein) filed a complaint case against her husband and in-laws that in her marriage heavy dowry in terms of cash and gold were given by her pa...
Pramod Kumar and ors. Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Sep-04-2008
Reported in: [2009(1)JCR240(Jhr)]
ORDERR.R. Prasad, J.1. This writ application was filed for issuance of a writ in the nature of mandamus directing the respondents to appoint the petitioners on the posts of Junior Overman and Mining Sirdar which posts have been advertised to be filled up vide. Advertisement No. 1762 (NEE) published in the Employment News dated 6.1.2007.2. Learned Counsel appearing for the petitioners submits that the petitioners are diploma holders in Mining and Mines and were appointed as Trainee Apprentice under the Apprentices Act, 1961 in different Collieries of B.C.C.L. and after completion of the training, all the petitioners were granted Overman's Certificate of Competency under the Mining Act and Coal Mines Regulations, 1957 and that after completion of the Apprenticeship training, the respondents made advertisement calling for the applications for the selection on the post of Junior Overman and Mining Sirdar whereby the maximum age prescribed was 30 years and there was no provision for relaxat...
Brajesh Kumar Verma Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Sep-03-2008
Reported in: 2009(57)BLJR448
D.G.R. Patnaik, J.1. Challenge in this writ application is against the Notification contained in Memo No. 4089 dated 30.05.2008 (Annexure-6), issued under the signature of Respondent No. 6, whereby the petitioner was transferred prematurely from the post of Assistant Engineer, Rural Development Special Division, Jamshedpur to the post of Assistant Engineer, Office of Superintending Engineer, Rural Development Special Circle, Palamau.2. The petitioner has assailed the impugned order (Annexure-6) on the ground that it has been passed at the instance of the local M.L.A. (Respondent No. 7) in a most arbitrary and mala fide manner without the recommendation of the Establishment Committee and for no declared administrative reasons or in the public interest.3. The petitioner is an Assistant Engineer belonging to the cadre of Water Resources & Irrigation Department and was posted as Assistant Engineer, Rural Development Special Division, Jamshedpur, where he was discharging his duties since 07...
Santosh Kumar Mondal Vs. Bajaj Kisku and ors.
Court: Jharkhand
Decided on: Sep-03-2008
Reported in: [2008(4)JCR468(Jhr)]
ORDER1. This appeal by the appellant-owner of the vehicle is directed against the judgment and award dated 27.8.2005 passed by Motor Vehicles Accident Claims Tribunal, Pakur in Claim Case No. 30/2003 whereby the Tribunal has awarded compensation of Rs. 1,42,000/- and held that the appellant-owner of the vehicle is liable to pay the said compensation amount.2. The facts of the case lie in a narrow compass:The claimants-respondents, who are the widow, sons and daughters of the deceased, Pradhan Marandi, filed a claim application under Section 166 of the Motor Vehicles Act for grant of compensation on account of death of Pradhan Marandi while he was travelling in a bus which met with an accident. Claimants case was that on the relevant date the deceased was travelling in the offending vehicle bearing registration No. BR-12-9985. The driver of the bus was driving the vehicle so rashly and negligently that the deceased fell down from the bus near Amrapara police station and died.3. The resp...
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