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Jharkhand Court December 2014 Judgments

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Dec 16 2014

Shiv Kumar Singh Vs. The State of Jharkhand

Court: Jharkhand

Decided on: Dec-16-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 2202 of 2012 Shiv Kumar Singh & Anr. ... ... Petitioners Versus State of Jharkhand & Anr. ... ... Opp. parties CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY For the Petitioners :- Mr. Siddharth Roy, Advocate For the State :- A.P.P. 09/16.12.2014 Heard learned counsel for the petitioners and learned counsel for the State. No one appears for the opposite party no. 2 inspite of the fact that notice had been served validly upon him.2. In the present application the petitioner has challenged the order dated 04.09.2012 passed by the learned Sub Divisional Magistrate, Barhi, Hazaribagh in Case No. 13/12 whereby and whereunder a proceeding u/s 145 Cr.P.C. was initiated over a land measuring 0.41 decimal under Khata No. 44, plot no. 899 situated at Mouza Chauparan, P.S. Chauparan, Distt. Hazaribagh. It has further directed to maintain status quo over the land in question.3. It appears that in the year 2012 itself at the instance of the fath...


Dec 16 2014

Ms Bharat Coking Coal Limited Through Sri Prabodh Kumar Sinha Sr Manag ...

Court: Jharkhand

Decided on: Dec-16-2014

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (L) No. 3566 of 2013 M/s. Bharat Coking Coal Limited, Dhanbad ..... Petitioner Versus Sri Vijay Prasad Singh, C/o Badri Narayan Singh, Rani Bazar, Hazra Tola, PO Katrasgarh, PS Katrasgarh, Dist. Dhanbad . Respondent CORAM: HONBLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioner : Mr. Anoop Kr. Mehta, Advocate For the Respondent : None 2 /16.12.2014 Seeking quashing of order dated 21/24.08.2012 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 and seeking quashing of order dated 15/17.01.2013 passed by the Regional Labour Commissioner (Central), DhanbadcumAppellate Authority under the Payment of Gratuity Act, 1972, the petitioner M/s. Bharat Coking Coal Limited has preferred the present writ petition. 2. The brief facts of the case are that, a case vide RC 4(A)/2009(D)(Vig/CBI/04/2009) was registered by CBI agains...


Dec 15 2014

Jokhan Choudhary Vs. The State of Jharkhand and Others

Court: Jharkhand

Decided on: Dec-15-2014

THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) 1782 of 2013 Jokhan Choudhary ............ Petitioner Vs.1. The State of Jharkhand 2. Director General-cum-Inspector General of Police 3. Deputy Inspector General of Police 4. Superintendent of Police .......... Respondents. CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD ---------- For the petitioner :M/S S.N.Pathak, Sr.Advocate Mr.Rishikesh Giri,Adv. For the respondents :J.C. to A.G. ---------- 08/Dated:15. December, 2014 th Petitioner inter-alia has prayed for following reliefs: (a) For quashing the order dated 29.2.2012 passed by the Superintendent of Police, Bokaro and order dated 3.10.2012 passed by the Deputy Inspector General of Police, Koilanchal, Bokaro. (b) Direction upon the respondents to reinstate the petitioner will all consequential benefits. It has been submitted on behalf of petitioner that after following due procedure he wa...


Dec 15 2014

Shamim Ahmad Vs. Central Colfields Limited and Or

Court: Jharkhand

Decided on: Dec-15-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.1566 of 2010 Shamim Ahmad ........................ Petitioner Versus The State of Jharkhand & Ors. ........................ Respondents .......... CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the petitioner : Mr. A.K. Sahani, Advocate For the State : Mr. Ananda Sen, Advocate ........... 10/15.12.2014 The petitioner has prayed for payment of benefit of voluntary retirement scheme including ex-gratia payment, pension, gratuity, leave salary, arrears falling under the provisions of National Coal Wage Agreement-VIII and other benefits legally payable to the petitioner with statutory and penal interest @ 18% per annum. Heard the parties and perused the documents on record. The case of the petitioner is that the petitioner was initially appointed on 31st January, 1973 as Security Guard. He was promoted to the post of Armed Guard in the year 1981 and thereafter as Havildar in the year 1983. The petitioner, thereafter, was promoted to...


Dec 13 2014

Surjeet Mukherjee and Ors Vs. State of Jharkhand Through Its Principal ...

Court: Jharkhand

Decided on: Dec-13-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A No. 167 of 2014 1. Surjeet Mukherjee 2. Shashi Bhushan Singh 3. Pradeep Kumar Petitioners/Appellants Versus State of Jharkhand through its Principal Secretary, Department of Personnel, Administrative Reforms and Official Language, Govt. of Jharkhand & Ors.... ... Respondents/Respondents ------ CORAM: HON'BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE D.N. PATEL ------ For the Appellants: M/s Pandey Neeraj Rai For the Respondents: M/s ----- 07/Dated 13th November, 2014 Per D.N. Patel, J.1. This letters patent appeal has been filed against the judgment and order dated 21st March, 2014 passed by the learned Single Judge in W.P. (S) No. 4603 of 2012, which was filed by these appellants.2. Counsel for the appellants submitted that these appellants are the original petitioners who have challenged the action of the respondent State denying promotion to these appellants from the post of Assistant to the post of Section Officer...


Dec 12 2014

Mahali Oraon Vs. State of Jharkhand and Ors

Court: Jharkhand

Decided on: Dec-12-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5123 of 2010 Mahali Oraon ........................ Petitioner Versus The State of Jharkhand & Ors. ........................ Respondents .......... CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the petitioner : Mr. Krishna Shankar, Advocate For the State : J.C. to Sr. S.C.I ........... 5/12.12.2014 The petitioner, being aggrieved with the order dated 31.3.2010 passed by the disciplinary authority, by which he has been dismissed from service and the appellate order dated 5.7.2010 upholding the order of dismissal, has approached this Court. It has been submitted by learned counsel appearing on behalf of the petitioner that the petitioner has been appointed as Constable and posted at Tiger Mobile in the district of Dhanbad, a charge-sheet has been issued against him with respect to commission of irregularity i.e. in the drunken stage he has shown Government revolver towards a Police Constable, as such he has committed gross indisci...


Dec 12 2014

Nirmal Kumar Singh Vs. Bharat Coking Coal Limited and O

Court: Jharkhand

Decided on: Dec-12-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5022 of 2009 Nirmal Kumar Singh .. Petitioner Versus The Bharat Coking Coal Limited, through its Chairman-cum-Managing Director, Dhanbad & Others .. Respondents ----- CORAM: HONBLE MR. JUSTICE SUJIT NARAYAN PRASAD ----- For the Petitioner - Mr. Shailesh For the B.C.C.L - Mr. A.K.Mehta For the Respondent No.2 - Mr. Rajan Raj ----- 13/12.12.2014 The petitioner had initially preferred this writ petition for making necessary correction in his date of birth, which has been wrongly mentioned as 2.1.1952 in place of 2.1.1954. During pendency of the writ petition, a notice was issued to the petitioner on 8.8.2011 for his superannuation w.e.f 31.1.2012, as such he had preferred an interlocutory application being I. A. No. 2501/2011 for challenging the notice dated 8.8.2011, which had been allowed vide order dated 7.11.2012.2. The brief facts of the case, as has been argued by learned counsel for the petitioner, is that the petitioner had been...


Dec 12 2014

Hem Bahadur Limbu Vs. State of Jharkhand and Ors

Court: Jharkhand

Decided on: Dec-12-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.1184 of 2011 Hem Bahadur Limbu ........................ Petitioner Versus The State of Jharkhand & Ors. ........................ Respondents .......... CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the petitioner : Mr. Saurav Arun, Advocate For the State : J.C. to Sr. S.C.II ........... 3/12.12.2014 The petitioner, being aggrieved with the order dated 24.1.2009 passed by the disciplinary authority, by which he has been dismissed from service and the order confirming the dismissal of the petitioner's service dated 3.7.2010, has approached this Court. It has been submitted by learned counsel appearing on behalf of the petitioner that the petitioner has been appointed as Constable under the Jharkhand Armed Police. He proceeded on sanctioned leave from 17.6.2008 to 7.7.2008, but after lapse of sanctioned leave he did not join duty, hence he was put under suspension on 13.8.2008 in contemplation of departmental proceeding. The petit...


Dec 12 2014

Raghaw Prasad Shahi Vs. State Elec Board

Court: Jharkhand

Decided on: Dec-12-2014

C.W.J.C. No. 5111 of 2000(P) ----- In the matter of an application under Article 226 of the Constitution of India. ------ Raghaw Prasad Shahi S/o Sri Maheshwar Prd. Shahi R/o Village Panthapakar, P.S. Bathanaha, District- Sitamarhi, Bihar Petitioner Versus 1. The Bihar State Electricity Board through its Chairman, Patna, Bihar 2. The Chairman, Bihar State Electricity Board, Patna, Bihar 3. The Joint Secretary, General Administration Dept. BSEB, Patna 4. The Electrical Superintending Engineer, Patna Electricity Supply Undertaking(PESU), Patna, Bihar 5. The Assistant Electrical Engineer, New Capital Stores, PESU(West), Patna, Bihar 6. Jharkhand State Electricity Board, Ranchi ............ Respondents ----- For the Petitioner : Mr. K.K. Singh For the Respondent(BSEB) : M/s Manoj Tandon, Kumari Rashmi For the Respondent(JSEB) : Mr. Om Prakash Tiwari Present: HON'BLE MR. JUSTICE APARESH KUMAR SINGH ----------- Aparesh Kumar Singh, J:- Heard counsel for the parties.2. The order of dismissal...


Dec 12 2014

Md Ezaz Alias Raja Babu Vs. The State of Jharkhand Through the Chief S ...

Court: Jharkhand

Decided on: Dec-12-2014

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 6148 of 2014 Md. Ezaz @ Raja Babu ..... Petitioner Versus 1. The State of Jharkhand through Chief Secretary 2. Deputy Commissioner, Dhanbad 3. District Education Officer, Dhanbad 4. Circle Officer, Govindpur, Dhanbad . Respondents CORAM: HONBLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioner : Mr. Indrajit Sinha, Advocate For the Respondents : Mr. Atanu Banerjee, G.A. 3 /12.12.2014 The present writ petition has been filed seeking a declaration that Encroachment Case No. 15 of 201314 was never initiated far less conducted, in accordance with law and that the proceeding is a sham or alternatively to quash the entire proceeding in Encroachment Case No. 15 of 201314 including order dated 30.09.2014 passed by the Circle Officer, Govindpur, and with a further prayer for restraining the respondents from acting pursuant to or giving effect to the purported order dated ...


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