Jharkhand Court January 2009 Judgments
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Tapas Kumar Paul Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-09-2009
Reported in: 2009(57)BLJR927
D.G.R. Patnaik, J.1. Petitioner in this writ application has prayed for quashing the order dated 20.09.2007 vide Memo No. 1256 issued under the signatures of Respondent No. 2 (Annexure-6) whereby the petitioner's representation has been rejected. A further prayer has been made to issue a direction to the Respondents to consider the petitioner's case for his appointment on the post of Sub-Inspector of Excise by promotion after giving relaxation in age in terms of the ratio laid down by this Court in the case of Subodh Kumar Jha v. State of Jharkhand and Ors. as also in terms of the ratio decided by a Division Bench of this Court in the case of Jharkhand Justice Forum v. State of Jharkhand (2003) 4 JLJR 793.2. Petitioner was initially appointed as Excise Clerk in the year 1991 under the Respondent State. For the purpose of promotion to the higher post of Sub-Inspector of Excise, a Rule has been framed under which 75% vacancies was to be filled up by direct recruitment and 25% by promotio...
Shanti Cement (P) Ltd. Vs. Jharkhand State Electricity Board and ors.
Court: Jharkhand
Decided on: Jan-09-2009
Reported in: AIR2009Jhar63; 2009(57)BLJR1774; 2009LC(JH)332; [2009(1)JCR622(Jhr)]
ORDERD.G.R. Patnaik, J.1. Prayer in this writ application has been made for issuance of a writ in the nature of mandamus directing the Respondent to forthwith restore the electricity connection of the petitioner, which was disconnected since 11.09.2008. A further prayer has been made for quashing the punitive bills dated 18.09.2008 and 01.10.2008 served upon the petitioner in terms of Clause 16.9 of the 1993 Tariff. Prayer has also been made for a declaration that the present case relates to a case of defective meter and the proceeding initiated in terms of Section 126 of the Electricity Act, 2003 is void.2. The petitioner being a Company engaged in manufacture of Cement, has obtained a H.T. Electric connection from the Respondent- Electricity Board and is availing a contract demand of 124 K.V.A. of electric energy. The Meter installed for the purpose of recording the unit consumption within the Factory premises of the petitioner was installed by the J.S.E.B. and it is the J.S.E.B., wh...
Sarita Kumari Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-09-2009
Reported in: 2009(57)BLJR938
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for issuance of a writ in the nature of certiorari for quashing the impugned order contained in letter No. 1533 dated 4.6.2005 and letter No. 1675 dated 15.6.2005 issued by the Director, Secondary Education, Government of Jharkhand, Ranchi vide which the basic pay scale of the petitioners, who are Laboratory Assistants, working under the Vocational Education Stream at +2 Level has been reduced from Rs. 5,000-8,000/- to Rs. 4,500-7,000/- and further for recovery of excess amount received on the basis of the pay scale of Rs. 5,000-8,000/- sought to be realized in 12 instalments.The facts in brief are set out as under:2. The petitioners upon selection were appointed as Laboratory Assistants on 15.7.1993 and as per Resolution No. 660(F/2) dated 8.2.1999 their pay scale were revised in the pay scale of Rs. 5,000-8,000/-. According to the petitioners pursuant to the Resolution of the State of Jharkhand, Government of Jh...
Hare Krishna Singh and Shiv Shankar Pandey Vs. the State of Jharkhand ...
Court: Jharkhand
Decided on: Jan-09-2009
Reported in: [2009(1)JCR582(Jhr)]
D.G.R. Patnaik, J.1. Petitioner Hare Krishna Singh was appointed on the post of Constable by the authority of the Director General of Police, Bihar, Patna in April, 1997. The petitioner Shiv Shankar Pandey was also appointed to the post of Constable by the authority of the Deputy Inspector General of Police - cum - Chairman, Selection Board in March, 1986.At the time of their appointment, both of them had qualified in the physical measurement and medical tests and their appointment was made only after they were found fit for the post. Both of them were sent for police training and they successfully completed the training and thereafter both of them obtained the status of Police Constables in permanent cadre. After the re-organization of the State of Bihar, the services of both the petitioners were allocated to the State of Jharkhand. While both the petitioners were enjoying the benefits of their permanent appointment in the Police Cadre, the petitioners were informed that in the year 2...
Gaurchandra GoraIn and ors. Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jan-09-2009
Reported in: 2009(57)BLJR1450
ORDERNarendra Nath Tiwari, J.1. An F.I.R. was lodged by one Dinbandhu Gorai, alleging that Nemai Gorai who happens to be his relative, informed him on phone that his son Sumanto had come from Kolkata and requested him to give company for going to his in-laws' house-at village Chhota Ambona. Thereafter, both of them had gone there by motorcycle and when they were returning, Sumanto asked him to stop for urination. Nemai stopped motorcycle near Panchayat Bhwan, Ambona, Sumanto got down and fled away without disclosing the destination. On that information, the informant went to search his son. The next morning he spotted the dead body of his son, lying near the railway track. Sumanto was married that very year, but relation with his wife was not very cordial. Sumanto's 'Sarhu' had sometime back threatened him. On the basis of the said statement of Dinbandhu Gorai, Dhanbad Rail P.S. Case No. 80 of 2002 was registered under Sections 302, 201 and 34 of the Indian Penal Code against unknown.2...
Baleshwar Mahto Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-09-2009
Reported in: [2009(2)JCR289(Jhr)]
ORDERD.G.R. Patnaik, J.1. In response to an advertisement issued by the State of Jharkhand in the year 2004 inviting applications form eligible candidates for appointment to the post of constables in the Jharkhand Armed Police-8, the petitioner had submitted his application. After being allotted roll number 8128, he was called upon to appear at the prescribed tests. He appeared at the test, which included measurement of his height and chest. He also possessed the requisite educational qualifications. He was declared successful in the entire tests and having thus come within the zone of consideration, a call letter was issued to him on 24.7.2005. In response to the call letter, he appeared before the Commandant, Jharkhand Armed Police-8 (Respondent No. 5) but the Commandant did not accept his joining. Rather, his height was re-measured and recorded 1 centimeter less than what was recorded during the earlier measurement.Being aggrieved, he filed his representation before the Chairman, Se...
A.K. Sahay Vs. the State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jan-09-2009
Reported in: 2009(57)BLJR1994
Narendra Nath Tiwari, J.1. In this Cr.M.P the petitioner has prayed for quashing the order dated 11.4.2000 passed by the learned Chief Judicial Magistrate, Dhanbad in C.L.A. Case No. 154/2000 as well as the entire criminal proceeding of the said case. By the said order the learned Magistrate has taken cognizance of the offences against the petitioner under Sections 23/24 of the Contract Labour (Regulation and Abolition) Act, 1970 [hereinafter referred to as 'the said Act'].2. The petitioner is the Managing Director of M/s Bharat Coking Coal Limited (B.C.C.L) having its Head Quarters at Dhanbad. He has been sought to be prosecuted for violation of certain rules framed under the said Act. According to the complaint, the following irregularities were found: (i) Notices showing the rates of wages, hours of the work, wage periods, date of payment of wages, names and address of Inspector having jurisdiction and date of payment of unpaid wages have not been displayed in English and Hindi and ...
Banke Pandey Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-07-2009
Reported in: 2009(57)BLJR904
R.R. Prasad, J.1. This writ application has been filed praying therein to direct the respondents to pay back a sum of Rs. 41,309/- to the petitioner which has illegally been deducted from the amount of pension of the petitioner.2. The case of the petitioner is that the petitioner was appointed on the post of Peon on 11.12.1964 in Government Teacher's Training College, Ranchi. In course of time, he was promoted to the Junior Selection Grade with effect from 1.4.1981 and also to the Senior Selection Grade with effect from 11.12.1989 under order as contained in letter No. 573-76 dated 7.2.1991. Thereafter the petitioner drew the salary in the promoted scale. In course of time, the petitioner retired on 31.12.2001. Much after retirement, the respondents without assigning any reason deducted a sum of Rs. 41,309/- from the retiral dues, though the respondent was not entitled to recover the amount even on the plea that it has been drawn in excess as the petitioner was promoted to the Junior S...
Charki Devi Vs. Union of India (Uoi)
Court: Jharkhand
Decided on: Jan-07-2009
Reported in: 2009(57)BLJR932
M.Y. Eqbal, J.I.A. Nos. 3109 to 3206 of 2005We have heard the learned Counsels appearing for the parties on these interlocutory applications filed by the appellants for condonation of delay in filing the Letters Patent Appeals.After considering the facts of the case and the delay occurred in preferring the appeals, we are satisfied that sufficient cause has been shown for not filing the appeals within time. Hence, all these interlocutory applications are allowed and the delay in filing the appeals are condoned.L.P.A. Nos. 744 of 2005 with analogus cases1. Heard Mr. V. Shivnath, learned Counsel appearing for the appellants and, Mr. A.K. Das, learned Counsel appearing for the respondents and with their consent, these appeals have been heard together and are being disposed of by this common judgment.2. These appeals are directed against the common judgment and award dated 21.12.2001, whereby the learned Single Judge dismissed the appeals holding that there is no reason to interfere with t...
Dineshwar Rai and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-07-2009
Reported in: 2009(57)BLJR906
R.R. Prasad, J.1. The petitioners, six in number who retired after rendering the services in the department of Minor Irrigation and Water Resources, Tenughat Anchal, have filed this writ application to quash the orders dated 14.9.2007, 18.8.2007, 29.2.2008, 29.2.2008, 18.1.2007 and 16.4.2007 as contained in Annexures 1, 3, 4, 4A, 5 and 7 under which excess amount said to have been drawn by the petitioners have been sought to be recovered from the amount of their pension and gratuity.2. The case of the petitioners is that all the petitioners except petitioner No. 3 were appointed initially as Junior Mechanic Grade II in the Department of Minor Irrigation and Water Resources at Tenughat Circle whereas petitioner No. 3 was appointed as an Assistant in the said Department. All of them were promoted to the higher post in the year 2004 without there being any misrepresentation on the part of the petitioners, and they started drawing salary in the scale of the post to which they were promoted...
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