Jharkhand Court March 2009 Judgments
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Md. Abid HussaIn Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-05-2009
Reported in: [2009(2)JCR365(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for issuance of a writ of or in the nature of certiorari or for any other appropriate writ, order or direction for quashing the impugned notice as contained in Memo No. 4(1)/Ra. Dated 4.10.2006 (Annexure-4) issued by the Sub Divisional Officer, Simdega (Respondent No. 3) whereby and whereunder the Respondent No. 3 has cancelled the allotment of Shop No. 115 situated at Mouza-Simdega under Khata No. 172, Plot No. 3/3131 allotted to the petitioner by the Additional Collector, Simdega by its order dated 10.9.2003 which was duly approved by the Deputy Commissioner, Simdega and evicted the petitioner from the shop premises and further direction upon the respondents No. 5 to accept the rent and execute agreement of the premises in view of the order passed by the Additional Collector, Simdega on 10.9.2003 in Misc. Case No. 22/2003-04.2. The facts in brief are stated as under:That Shop No. 115 was initially allotted to Ni...
Hrinandan Singh Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-05-2009
Reported in: [2009(2)JCR328(Jhr)]
Ajit Kumar Sinha, J.1. In the instant writ petition the petitioner prays for following reliefs:(i) For issuance of an appropriate writ, order or direction for quashing the notification dated 15.10.2003 as contained in notification No. 5081(5) issued under the signature of the respondent No. 3 whereby and whereunder it has been directed to recover Rs. 57598 1.00 from the retinil benefit of the petitioner which is 20% of the total excess withdrawal amount.(ii) For issuance of an appropriate writ, order or direction for releasing the entire retiral benefits like the amount of G.P.F., Group Insurance, Gratuity, Leave Encashment and other dues along with interest.(iii) For issuance of an appropriate writ, order or direction commanding upon the respondents to forthwith fix and finalize the pension and pay the same to the petitioner.(iv) For the issuance of an appropriate writ, order or direction directing the respondents to release the arrears of subsistence allowance for the period of suspe...
Amardeep Vs. the State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-05-2009
Reported in: 2009(57)BLJR1742; [2009(2)JCR341(Jhr)]
ORDER1. The present writ petition has been preferred for the following reliefs:I) For issuance of appropriate writ(s), order(s), direction(s) directing and commanding upon the concerned respondents to show cause as to why and under what authority they have changed/altered the Minimum Qualifying Marks i.e., Cut off Marks FOR ELIGIBILITY TEST FOR LECTURESHIP - 2006 conducted by J.P.S.C.-JET CELL (Advertisement dated 19.07.2006 vide Advertisement No. 01-JET) subsequent to the advertisement and after appearing in the Test, without giving/issuing any prior notice, contrary to the terms and conditions as prescribed in Advertisement No. 01-JWT dated 19.07.2006.II) For issuance of appropriate writ(s), order(s), direction(s) directing and commanding upon the concerned respondents to show cause as to why and under what circumstances they have gone beyond the prospectus, prescribed terms and conditions as mentioned in the Advertisement No. 01-JET dated 19.07.2006 and changed/altered the minimum q...
Nirmal Kumar Ram Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Mar-05-2009
Reported in: [2009(2)JCR323(Jhr)]
Ajit Kumar Sinha, J.1. The present writ petition has been preferred for the following reliefs:(i) To quash the order dated 02.07.2002 passed by Commandant, C.I.S.F. Unit Patratu vide final order No. V-15014/ClSF/PTPS/Disc/02/563 dated 02.07.02 whereunder the Commandant has passed Die order for dismissal from service against the petitioner.(ii) To quash the appellate order dated 02.01.03 passed by die respondent No. 4, Deputy Inspector General, C.I.S.F., Eastern Zone, Patna, whereby and where under the appeal of the petitioner has been rejected and the final order aforesaid has been confirmed.(iii) To declare the orders passed as aforesaid to be grossly Illegal, arbitrary and highly excessive and disproportionate to the charges.2. The facts, In brief, are set out as under:The petitioner was working as a Constable In C.I.S.F., PTPS, Patratu Unit and was issued a charges sheet on 16.1.2002. The main charge against the petitioner is that during the operation time at the tower he was found ...
Deo Karan Jath Vs. Bharat Coking Coal Ltd. and ors.
Court: Jharkhand
Decided on: Mar-05-2009
Reported in: [2009(2)JCR346(Jhr)]
ORDERAjit Kumar Sinha, J.1. The present writ petition has been preferred for following reliefs:i) For the issuance of a writ, direction order in nature of certiorari or any other appropriate writ, direction or order quashing the discharge order dated 7.7.2001 (Annexure-1) issued by Respondent No. 2 whereby and whereunder the petitioner has been discharged from service with immediate effect.ii) For the issuance of an appropriate writ, direction or order including a writ, direction or order in the nature of mandamus commanding the respondents for giving effect to the impugned orders dated 7.7.2001 contained in Anexure-1 and to direct them to restore the status and public office of the petitioner herein with all consequential benefits in accordance with law.2. The facts in brief are stated as under:The petitioner was appointed as clerk by the Management of B.C.C.L. in the year 1971. On 7.7.2001 the petitioner received a discharge letter under the signature of Agent/Project-Officer, Dhansa...
Reeta Kumari and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-05-2009
Reported in: [2009(2)JCR350(Jhr)]
D.G.R. Patnaik, J.1. Prayer in this writ application is for issuance of a direction to the respondent JPSC to issue admit cards to the petitioners for appearing at the examination scheduled for appointment of Primary Trained Teachers in the State of Jharkhand which was held on 10.8.2008.2. Contention of the petitioners is that pursuant to the advertisement issued by the JPSC, petitioners had submitted their individual applications within the time stipulated in the advertisement and were expecting to receive their respective admit cards. But the admit cards were not issued to them and on inquiry, it was informed that the candidature of the petitioners have been rejected on the ground that application of some of the petitioners was incomplete in as much as, they had not mentioned the local language in their application form as per the direction contained in the advertisement and other application forms of the other petitioners were not forwarded by the district administration concerned t...
Mithun Karmakar Vs. the State of Bihar (Now Jharkhand) and anr.
Court: Jharkhand
Decided on: Mar-05-2009
Reported in: 2009(57)BLJR2132
Prashant Kumar, J.1. The present appeal has been filed by the sole appellant against the judgment of conviction and order of sentence dated 27.01.1999 passed by 1st Additional Sessions Judge, Jamshedpur, whereby and whereunder he convicted the appellant under Section 302 of the IPC and sentenced him to undergo imprisonment for life.2. The case of prosecution in short as per the fardbeyan of Viveka Nand Giri (P.W. 2) is that on 11.02.1993 in the night at 10 p.m. his brother Sudhansu Giri (deceased) had gone to the house of appellant after taking meal. It is further stated that the deceased and appellant (Mithun Karmakar) were friends and they used to work together as labour. It is further stated that Makra Karmakar (P.W. 4) heard some hue and cry in the house of Mithun Karmakar, whereupon he went there and asked as to why they were making noise. It is further alleged that on the asking of Makra Karmakar, deceased Sudhansu Giri requested him to open the door and stated that Mithun Karmak...
Varun Kumar Pandey and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Mar-05-2009
Reported in: [2009(2)JCR345(Jhr)]
D.G.R. Patnaik, J.1. Prayer in this writ application is for issuance of a writ of mandamus commanding upon the respondents to publish the results of those candidates who had appeared at the Trained Teachers Examination held on 10.8.2008, by following the criteria of selection as per advertisement No. 05/07 dated 21st April 2007 in accordance with the subsequent advertisements dated 14.8.2007 and 27.10.2007.A further prayer has been made to direct the respondents to reject the candidature of those candidates who had illegally received the forms for appearing at the examination, even though they did not possess the requisite qualifications as per the criteria laid down in the advertisement.2. Counter-affidavit has been filed on behalf of the respondent JPSC.3. Heard learned Counsel for the petitioners and the learned Counsel for the respondent JPSC.4. Learned Counsel for the petitioners would explain that the examination for the appointment of Primary Trained Teachers was held on 10.8.20...
Prabhash Kumar Singh and Durga Prasad Singh @ Burhan Singh Vs. the Sta ...
Court: Jharkhand
Decided on: Mar-05-2009
Reported in: 2009(57)BLJR1893; 2009CriLJ3844
Prashant Kumar, J.1. The present appeal has been filed by the appellants, namely, Prabhas Kumar Singh and Durga Prasad Singh @ Burhan Singh against the judgment of conviction and order of sentence dated 14.8.2000 and 21.8.2000 respectively passed by 1st Additional Sessions Judge, Bokaro at Chas in S.T. No. 15 of 1995 whereby and whereunder, the appellant No. 1 was convicted under Section 302 IPC whereas appellant No. 2 was convicted under Section 302 read with Section 109 of the IPC and both the appellants were sentenced to undergo imprisonment for life.2. The case of prosecution in short as per the fardbeyan of Nun Chand Rewani (P.W. 3) is that in the night of 22.01.1993 at about 10 p.m. he along with deceased Ashok Rewani and Rupesh Kumar Rewani had gone to Mahuar Chowk on a Hero Honda motorcycle bearing registration No. BR20A-0182. It is further alleged that while they were standing there, appellant No. 2, Durga Prasad Singh @ Burhan Singh came and started abusing deceased Ashok Rew...
Jharkhand State Electricity Board and ors. Vs. Stan Commodities Pvt. L ...
Court: Jharkhand
Decided on: Mar-04-2009
Reported in: AIR2009Jhar98; 2009(57)BLJR1704
M.Y. Eqbal, J.1. This appeal by the appellant-Jharkhand Slate Electricity Board is directed against the judgment dated 01.02.2007 passed in WPC No. 109 of 2007 whereby learned Single Judge held that the action of the appellants in disconnecting the electric connection in the premises of respondent (writ petitioner) is illegal, arbitrary and violative of principle of natural justice and further directed to restore the petitioner's electric supply forthwith.2. The facts of the case lie in a narrow compass:Respondent is a small scale industry manufacturing M.S. Steel ingots at Adityapur Industrial Area, Adityapur, Jamshedpur. Respondent entered into an agreement with the Jharkhand State Electricity Board (in short 'Electricity Board') for supply of electric energy having a contract demand of 1200 KVA. Subsequently, the meter of the respondent became defective which was replaced by the Board on 7.10.06. On 5.12.06, a team of five senior officials of the Board made inspection and prepared m...
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