Jharkhand Court February 2009 Judgments
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Md. Alamdar and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-17-2009
Reported in: 2009(57)BLJR1700; [2009(2)JCR280(Jhr)]; (2009)IILLJ658Jhar
D.N. Patel, J.1. The present application has been preferred mainly for the reason that there is deliberate breach of order passed by this Court dated 23.08.2002 in C.W.J.C No. 1408 of 1994 (R).2. I have heard learned Counsel appearing for the petitioners and also heard learned Counsel appearing for the respondents.3. Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, it appears:(a) that the respondent No. 4 had preferred an application, to appropriate Government, seeking permission for retrenchment of the workmen under Section 25N of the Industrial Disputes Act, 1947. Much time was taken by the sanctioning authority and keeping in mind deeming provision, the retrenchment was presumed to have been given to the management.(b) that by being aggrieved by the order of retrenchment which was brought into effect on various dates and one of such date is 15th December, 1987, an Industrial Dispute was raised by the workmen and a Reference case...
Kumari Nilmani Sushma Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-17-2009
Reported in: 2009(57)BLJR1698; [2009(2)JCR276(Jhr)]
D.N. Patel, J.1. Despite the directions given by this Court vide order dated 11th of December, 2007 in WP(S) No. 3698 of 2007 mainly to consider the report to be given by the Deputy Commissioner, Plalamau before passing an order by the concerned respondent authorities for the post of Anganbari Sevika of the petitioner, no attention has been paid by the concerned respondent authorities upon a detailed reports submitted by the Additional District Magistrate, Law & Order, Palamau dated 21st of April, 2007 (Annexure-5 to the memo of the present petition) and without considering this report an impugned order dated 3rd March, 2008 has been passed by the respondent No. 4 (Annexure-10 to the memo of the present petition) and, therefore, one more petition in the form of present petition has been preferred by the petitioner.2. Having heard learned Counsels for both sides and looking to the facts and circumstances of the case, it appears:(a) that initially non-speaking order was passed by the con...
Gopal Lohar Vs. the State of Bihar
Court: Jharkhand
Decided on: Feb-17-2009
Reported in: [2009(2)JCR321(Jhr)]
Jaya Roy, J.1. This Criminal appeal is directed/Judgment of conviction and sentence accused by the 2nd Additional Judicial Commissioner Khunti (Ranchi) Sit Rabindra Nath Verma in Session Trial No. 526 of 1998 (G.R. No. 95 of 1997) whereby the appellant is convicted under Section 376 I.P.C. and sentenced to undergo ihe rigorous imprisonment for ten years.2. The prosecution case in brief is that the informant Donda Mitnda filed a written complaint which is exhibit-1, on 29.11.1997 alleging therein that on 28.11.1997 he and his sister Somari Kumari had gone to weekly Saiko Market together. When both Wire returning in the evening, Gopal Lohar came to them in the way at about 6 P.M. and offered them for taking his sister on his Bicycle and reach her to her house. Thereafter Gopal Lobar started on his cycle taking Somari Kumari with him on the cycle and the informant proceeded for his house on foot. It is further stated that the informant reached his house but his sister did not reach to his...
Sheo Nandan Ram and ors. Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-16-2009
Reported in: 2009(57)BLJR1677
Ajit Kumar Sinha, J.1. In the instant writ petition the petitioners pray for issuance of an appropriate writ, order or direction in the nature of mandamus for quashing the order issued by the District Superintendent of Education, Chatra on 15.1.1999 by which he has given B.A. trained scale to the science teachers and subsequently also passed order on 31.12.2001 for holding the post of headmaster taking into consideration 1993 rules. The petitioners submits that in view of this order the senior most teachers who are holding the qualification of B.A. trained and all of them are senior to them, they are working under them and they are still getting matric trained scale and holding the post of Assistant teachers which action is wholly illegal, malafide and without jurisdiction and for the purpose of allowing illegal promotion the respondents have prepared a list of I. Sc. and B.Sc. teachers but they did not take notice of I.A. and B.A. trained teachers meaning thereby that the respondents ...
Swapan Kumar Mitra Vs. the Jharkhand State Electricity Board Through I ...
Court: Jharkhand
Decided on: Feb-13-2009
Reported in: [2009(2)JCR296(Jhr)]
D.N. Patel, J.1. The present petition has been preferred mainly ventilating the grievance of the petitioner for the order at Annexure-4, which has been passed by the concerned respondent authorities dated 25th of August, 2005 to the effect that Super Selection Grade which was given to the petitioner w. e. f. 21st of March, 1993, has now been cancelled by the aforesaid order and that too without affording any opportunity of being heard.2. Learned Counsel for the petitioner mainly submitted that there is a breach of principle of natural justice before passing the impugned order at Annexure-4 and arbitrarily the decision has been taken by the concerned respondent authorities. It is also submitted by the learned Counsel for the petitioner that retirement benefit has been fixed on the basis of lower pay scale. It is also submitted that other similarly situated person have been given benefit of Super Selection Grade, whereas, the petitioner has been discriminated/ without assigning any reaso...
Director, Central Institute Psychiatry Vs. Kundan Singh
Court: Jharkhand
Decided on: Feb-13-2009
Reported in: 2009(57)BLJR1431; [2009(2)JCR258(Jhr)]
M.Y. Eqbal, J.1. In the instant writ petition the petitioner Central Institute of Psychiatry has prayed for quashing the order dated 23.6.2008 passed by the Central Administrative Tribunal, Patna Bench, Circuit bench at Ranchi in Original Application No. 201/2006, whereby the order dated 25.2.2006 and 25.8.2006 terminating the services of the respondent were set aside and further the petitioner was directed to reinstate the respondent in service.2. The facts of the case lie in a narrow compass.3. The respondent (writ petitioner) was appointed by the petitioner as Ward Attendant on temporary basis, vide office memorandum dated 21.8.2002. The service of the respondent was on probation for a period of two years subject to extension at the discretion of the competent authority. While working as a ward attendant, many complaints and allegations including disobedience, gross negligence of duty and unauthorized absence were made against the respondent. After preliminary enquiry made by a comm...
Shiv Singh Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Feb-13-2009
Reported in: 2009(57)BLJR1710
1. The sole appellant has been found guilty for committing the murder of the deceased Mangru Oraon and, thereby, he has been convicted for the offence under Section 302 IPC and has been sentenced to undergo R.I. for life by the 1st Additional Judicial Commissioner, Khunti (Ranchi) in Sessions Trial No. 367 of 1995 by judgment dated 09/01/1997. This impugned Judgment of the Trial Court is under challenge in this appeal.2. The brief facts, leading to the present appeal, are that one Matias Khalkho (PW-4) in his fardbeyan lodged on 03/01/1995 at 5.30 A.M., alleged that on 02/01/1995 at about 4 p.m. he was in his house, at that time he heard 'hulla' of village children that Mangru Oraon was being assaulted by Shiv Singh (the appellant) by means of Sword. At this he came out and saw that the appellant Shiv Singh having a sword in his hand was assaulting Mangru Oraon with the said weapon. By the time he alongwith other villagers reached at the place of occurrence, Shiv Singh fled away from t...
Employer in Relation to the Management of Life Insurance Corporation V ...
Court: Jharkhand
Decided on: Feb-13-2009
Reported in: 2009(57)BLJR1735
1. These appeals have been preferred by the appellant-Life Insurance Corporation of India (L.I.C. for short), against the judgment and order dated 16.10.2008 by which the learned Single Judge was pleased to dismiss the writ petitions field by the petitioner/appellant herein and was pleased to uphold the order of penalty of reduction in pay by three stages imposed on the respondent by the L.I.C.2. The respondent, B.N.P. Srivastava, was working as a Stenographer in the Divisional Office of the L.I.C. at Muzaffarpur and he was alleged to have claimed a sum of Rs. 85.50 (rupees eighty five and paise fifty only) as travelling allowance which according to the Enquiry Officer was found to be an incorrect claim and therefore it was held that he had acted in a manner prejudicial to good conduct and hence, the punishment as referred to above was imposed on him.This gave rise to a reference of dispute, which was referred to the Industrial Tribunal, Dhanbad and the term of reference specifically w...
Gaya Ram @ Gaya Ram Sah Vs. B.C.C.L. Through Its Chairman-cum-managing ...
Court: Jharkhand
Decided on: Feb-13-2009
Reported in: [2009(2)JCR417(Jhr)]
R.R. Prasad, J.1. The petitioner was appointed on 16.12.1959 in the work charge establishment of the Water Resources Department, Government of Bihar where he worked till 17.10.1977. On 18.10.1977, he was relieved from North Koel Construction Division -1 and thereupon, he was appointed as Dumper Operator in B.C.C.L, Dhanbad. Further case of the petitioner is that while he was under the employment of B.C.C.L, he developed some trouble in his both eyes, as a result of which, he was compelled to opt for V.R.S. Accordingly, he was made to retire on 25.6.2003 under the scheme of V.R.S. Thereafter the petitioner asked the authorities of the B.C.C.L to release his retiral benefit and also made request for giving employment to one of his dependents as he had lost his eye sight in course of duty but the authority did not pay any heed to the request and, therefore, he filed a writ petition, bearing W.P.(S) No. 4349 of 2006 whereby prayer was made to direct the authorities of the B.C.C.L to pay re...
Ganesh Prasad Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-13-2009
Reported in: [2009(2)JCR295(Jhr)]
ORDERR.R. Prasad, J.1. While the petitioner was working as a clerk in Jharkhand Armed Police-4, at Bokaro, a First Information Report was lodged by the informant putting allegation that this petitioner made an attempt to commit rape on his daughter and on the said allegation, First Information Report was instituted under Sections 376/511 of the Indian Penal Code. On getting such information, preliminary enquiry was made by the authority of the Jharkhand Armed Police. On enquiry allegation being found prima facie true, department proceeding was initiated against the petitioner. Thereupon, the petitioner filed a writ petition, bearing W.P. (S) No. 6093 of 2002 challenging the continuation of the proceeding on the ground that such proceeding has been initiated on the same allegation, upon which First Information Report was lodged but this Court did not interfere in the matter. However, it was observed that in case of acquittal, petitioner may take advantage in appeal. Thereafter the petit...
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