Jharkhand Court January 2009 Judgments
Rameshwar Pathak Vs. Central Coalfields Ltd. and ors.
Court: Jharkhand
Decided on: Jan-30-2009
Reported in: [2009(1)JCR701(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. In view of the dispute raised in this writ application the same is being disposed of at this stage itself with the consent of the parties.3. The prayer of the petitioner in this writ application is for direction to the respondents to pay him that part of the retiral dues such as CMPF and gratuity since 1967, which according to the petitioner have not been paid to him. His further prayer is for direction to the respondents to fix the pension etc.4. By filing counter-affidavit on behalf of the respondent No. 5, the CMPF, it has been stated that the petitioner was allotted CMPF. Account No. D/453491 and he has been paid the entire CMPF amount along with the pension contribution with upto date interest after adjustment of withdrawals i.e., amounting to Rs. 3,19,934/-vide Pay-Order No. 54/2003-2004 54/2003-2004 dated 29th September. 2003.5. By filing counter-affidavit on behalf of M/s. CCL, it has been stated that all the retiral dues of the ...
Tag this Judgment!Bhotna Mahto Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jan-30-2009
Reported in: [2009(1)JCR702(Jhr)]
D.K. Sinha, J.1. Petitioner has invoked the extra-ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India for setting aside the entire criminal proceeding initiated against him in Palkot P.S. Case No. 5 of 2007, corresponding to G.R. No. 52 of 2007 for the offence under Section 414 of the Indian Penal Code and under Section 54 of the Jharkhand Minor Minerals Concession Rules, 2004.2. Prosecution story, in short, was that the informant Sub-Inspector of Police Ajay Prasad of Palkot Police Station intercepted two tractors on 12.1.2007 with trailers with the registration number of only one tractor carrying stones and boulders thereon but no valid document was produced by the driver-petitioner Bhotna Mahto of tractor Sonalika who was driving another tractor without registration number. However, it was disclosed by the petitioner that under the instruction of his employer, he was carrying the stone metals to unload at the construction site of Petertoli village...
Tag this Judgment!Mukesh Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-29-2009
Reported in: [2009(1)JCR699(Jhr)]
ORDERD.G.R. Patnaik, J.1. Prayer in this writ application is for a direction to the respondents to enquire into and consider the case of the petitioner on the basis of the tender submitted by him for the supply of food-grains to the Central/Divisional Sub-Jail, Bokaro.2. The petitioner's case is that in response to an invitation for tender published by the respondent authorities, the petitioner had submitted his tender for the supply of food-grains to the jail. After receipt of the tenders from the petitioner as also from several other applicants, the respondents had refused to open the petitioner's tender and after assessing the tenders of others, allotted the work to another person. On the demand of the petitioner, the respondents issued a letter (Annexure-5) stating the reasons for refusal to accept and open his tender.3. According to learned Counsel for the petitioner, the sole reason stated by the respondents is that the petitioner's father is an employee of the jail and presently...
Tag this Judgment!Mahanand Lal Kumhar Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-29-2009
Reported in: [2009(2)JCR400(Jhr)]
1. This letters patent appeal is directed against the order dated 19.09.2006 passed by the learned Single Judge in C.W.J.C. No 2323 of 1998(R), whereby the leaned Single Judge rejected the prayer of the petitioner-appellant to quash the notice under which the pond in question was sought to be settled.2. Learned Counsel appearing for the appellant submits that the pond, in question, was settled by a Hukumnama dated 09.03.1935 to the father of the petitioner. Subsequently, upon the rent being fixed, the same were being paid, but the respondents-Slate without annulling the settlement of the land under the provisions of the Bihar Land Reforms Act, 1950 put the said pond on auction, which was challenged before this Court on the ground that the respondents-State without giving notice for annulment of the settlement in terms of Sections 4(g) and 4(h) of the Bihar Land Reforms Act (hereinafter referred to as the Act) has put the pond on auction, but the learned Single Judge without considering...
Tag this Judgment!State of Jharkhand Vs. Dr. Amareshwar Prasad and anr.
Court: Jharkhand
Decided on: Jan-29-2009
Reported in: [2009(1)JCR691(Jhr)]
1. The present appeal has a chequered history, but only those facts which are relevant for deciding the present appeal required to be noticed, which are as under:2. What it appears that respondent No. 1 Dr. Amareshwar Prasad as well as one Dr. Muni Bagish Tiwary were posted as basic health workers. Dr. Amareshwar Prasad was appointed as Homoeopathic Medical Officer on being Selected by Selection Committee. His appointment as Homoeopathic Medical Officer was challenged by Dr. Muni Bagish Tiwary by filing a writ petition before the Patna High Court being CWJC No. 8253 of 1988. The said writ petition was disposed of by terms of order dated 8.1.1990, copy of which has been annexed as Annexure-2 to this memo of appeal. From the said judgment contained in Annexure-2, it appears that the writ petitioner Dr. Muni Bagish Tiwary had raised a question that the Selection Committee, which selected Dr. Amareshwar Prasad, had made its own criteria for deciding amongst the basic health workers as to w...
Tag this Judgment!Educomp Solutions Ltd. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-29-2009
Reported in: AIR2009Jhar132; [2009(2)JCR404(Jhr)]
Ajit Kumar Sinha, J.1. The present writ petition has been preferred for the following reliefs:i) For issuance of an appropriate writ, order or direction particularly a writ in the nature of Mandamus commanding upon the respondent No. 2 and 3, to award the contract to the petitioner as he has been declared qualified and lowest bidder In pursuance of Tender No. JEPC/1575 dated 18.8.2008 as contained in Annexure-1.ii) For issuance of a writ/direction particularly a writ in the nature of Certiorari for quashing of Short Term Re-tender Notice vide tender No. ME/01/541/2008/2960 dated 7.1.2009 (Annexure-4) by which the respondents have invited sealed Technical and commercial bids for implementation of Computer Education & Computer Aided Education Project in nearly 248 Govt. Middle Schools in the state i.e. for the same and exact work for which earlier Tender No. JEPC/1676 dated 18.8.2008 as contained in Annexure-1 was published and in the said process the petitioner has qualified and declare...
Tag this Judgment!Bharat Coking Coal Ltd. and ors. Vs. Smt. Kaushalya Bhuiani
Court: Jharkhand
Decided on: Jan-29-2009
Reported in: [2009(1)JCR690(Jhr)]
1. In this appeal, appellant M/s. Bharat Coking Coal Limited has challenged the order dated 24.7.2006 passed in WP(S) No. 1194 of 2004, whereby the writ petition filed by the respondent No. 1-Kaushalya Bhuiyani was disposed of with direction to the respondents-employer (BCCL) to hold enquiry in respect to the date of birth of the petitioner. The liberty was also given to the BCCL to get the petitioner examined medically afresh by a duly constituted Board of Doctors. The parties were also given the liberty to produce any evidence/material before the enquiry authority constituted for the purpose.2. As it appears that the writ petitioner did challenge the action of the employer-BCCL stopping her from attending her duty with effect from 4th February, 2002 on the ground that she did attain the age of superannuation on 11th February, 2001. According to the employer, the date of birth of the petitioner was 11th February, 1941 which was seriously disputed by the writ petitioner who, on the bas...
Tag this Judgment!Choudhury Damodar Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-29-2009
Reported in: [2009(1)JCR696(Jhr)]
ORDERD.G.R. Patnaik, J.1. Prayer in this writ application is for a direction to the respondents to release the amount of retiral dues and pensionary benefits which are legally payable to him.2. The petitioner was appointed in the Food and Civil Supplies Department in February, 1966 under the State of Bihar. Subsequently, on bifurcation of State of Bihar and on cadre division, the petitioner was allotted the Jharkhand cadre and joined the place of posting at Ranchi in 2004. Later on 30.6.2004 the petitioner had superannuated from service. After his retirement, the petitioner had submitted all requisite documents along with his claim for payment of his retiral benefits and also for fixation of pension and release of payment of pension but in spite of repeated representations, the respondent authorities have not released any payments to him. As such, the petitioner has to file this writ application.3. Learned Counsel for the respondent State is present. Though no counter-affidavit has bee...
Tag this Judgment!Mostt. Birda Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-29-2009
Reported in: [2009(1)JCR695(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the order containing Memo No. 1740 dated 17.7.2008 issued by the Deputy Inspector General of Police (Personnel) whereby and whereunder it has been directed that that appointment on compassionate ground cannot be provided to grand-son of the deceased employee and rejected the prayer of the petitioner to consider the name of grand-son namely Sanjeev Kumar without considering the facts stated in her representation that the only son of deceased employee is mentally ill and the grand-son of the petitioner be considered for compassionate appointment. The further prayer is for issuance of a writ in the nature of mandamus directing the respondents to appoint either grand-son or daughter-in-law of the petitioner on compassionate ground in lieu of death of husband of petitioner namely Baleshwar Singh S.I. (Armed), who died in ha...
Tag this Judgment!Laxmi Business and Cement Co. (P) Ltd. Vs. Jharkhand State Electricity ...
Court: Jharkhand
Decided on: Jan-29-2009
Reported in: 2009(57)BLJR1420; [2009(2)JCR401(Jhr)]
Ajit Kumar Sinha, J.1. The present writ petition has been preferred for the following reliefs:a. For issuance of an appropriate writ or a writ in the nature of mandamus directing upon the respondents to forthwith restore the electrical connection of the petitioner, which has been disconnected on 17.01.2009 pursuant to a purported inspection and allegations of theft of electricity.b. For issuance of an appropriate writ or a writ in the nature of certiorari for quashing the purported inspection report dated 17.01.2009 by which the allegation of theft of electricity has been alleged thought from the careful perusal of the so-called/tabled/purported inspection report dated 17.01.2009 it would be evident that the allegations of tampered/duplicate seals have been made without obtaining the signature of any representative of the consumer and also without obtaining the signature of any independent body/third party.c. For a declaration that until such time the Electricity Board gets the meter t...
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