Patna Court February 1994 Judgments
Nawab Haider and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-17-1994
Naresh Kumar Sinha, J.1. The constitutional validity of Sub-rules (1) and (2) of Rule 6 of the Bihar Government Servant's Conduct Rules, 1976 (hereinafter as the 'Conduct Rules') is under challenging in this application under Articles 226 and 227 of the Constitution of India.2. The petitioner No. 1 is a Government servant in the department of Industries, Government of Bihar, and is presently posted on deputation as Cashier, Bihar State Textile Corporation Ltd. Petitioner No. 2 is his wife but she is admittedly not in Government service. The petitioners, it is stated, are interested in joining political parties for their all round development without prejudice to the implementation of the National Policy and official duties cast upon the Government servant. Their case is that the provisions of Sub-rules (1) and (2) of Rule 6 of the Conduct Rules are violative of their fundamental rights enshrined under Articles 19(1)(c) and 21 of the Constitution of India inasmuch as they prohibit the...
Tag this Judgment!Surendra Prasad Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-16-1994
S.B. Sinha, J.1. The petitioner in this application has questioned an order dated 29-6-1993 passed by the Commissioner-cum-Special Secretary, Finance (Commercial Taxes) Department, whereby and whereunder he was placed under suspension for alleged disobedience to the order of transfer and posting.2. The petitioner has contended that the impugned order as contained in Annexure 1 to the writ application is without jurisdiction inasmuch as he being a Class I Officer he could have been placed under suspension only by the Governor of Bihar who was his appointing authority in terms of Rule 49-A(1) of Bihar Civil Service (Classification, Control and Appeal) Rules, 1930.3. The State has however, filed a counter-affidavit and a supplementary affidavit wherein it has been contended that the appointing authority of the members of the Bihar Finance Service is the State Government.4. It is stated that in terms of Article 166(2) of the Constitution of India all orders passed by the State Government...
Tag this Judgment!Ram Namuna Sinha, Baij Nath Kumar and Baleshwar Tiwari Vs. State of Bi ...
Court: Patna
Decided on: Feb-14-1994
B.P. Singh and A.N. Trivedi, JJ.1. In these writ petitions the petitioners have challenged the order of suspension passed against them in contemplation of a proceeding to by drawn up under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, 1930. The petitioners have not only challenged the order of suspension, but also the proceeding under Rule 55 of the aforesaid Rule. The representative facts are taken from CWJC No. 6702 of 1991.2. The petitioner at the relevant time was working as a Junior Engineer in the Department of Road Construction, Government of Bihar. On 23-10-1986 he was called upon to furnish his explanation with regard to six charges levelled against him, which were communicated to him by Annexure 2. It is not necessary to refer in detail to the charges levelled against the petitioner, but some of the charges, particularly charge No. 1 appears to be rather serious. The petitioner submitted his explanation to the charges levelled against him. Therea...
Tag this Judgment!Bihar State Handloom Weavers' Union and Ors. Vs. State of Bihar and Or ...
Court: Patna
Decided on: Feb-10-1994
Narbdeshwar Pandey, J.1. These writ applications are under Articles 226 and 227 of the Constitution of India for quashing a letter dated May 5, 1993, whereby the decision of the Registrar, Co-operative Societies, Bihar, has been communicated that the term of the members of the managing committee of the registered societies will be three co-operative years in terms of Section 14, Sub-section (9) and the proviso to Sub-section (10) of the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as 'the Act'). These applications although are on behalf of different petitioners but for a common relief. Therefore, with the consent of the parties, they are disposed of by this common judgment.2. In order to appreciate the issue involved in these writ applications, it would be appropriate to have a brief survey of some of the facts. The petitioners are the members, office-bearers and board of directors of different registered co-operative societies. The State Government, being a major s...
Tag this Judgment!Dr. Surjit Singh Vs. State of Bihar
Court: Patna
Decided on: Feb-10-1994
Dharampal Singha and G.C. Bharuka, J.J.1. This case was placed before us 'For Orders' requiring the petitioner to remove the defect as pointed out by the Stamp Reporter, which is as follows:Particulars as required by Rule 4-A of Chapter XII of the Patna High Court Rules not stated in Para 2, it is stated in Para 15 of the petition.2. Mr. Ashok Priyadarshi, learned Counsel appearing for the petitioner by inviting our attention to the aforesaid rule has submitted that the High Court Rules nowhere requires the said statements to be made under the above referred rule in a particular paragraph of the petition or application, there fore, if that statement is contained in Para 15, it cannot be treated as a defect. It was stated at the Bar that much confusion is prevailing in respect of the paragraph of the petition/application in which the aforesaid statements are required to be made, which is causing unnecessary harassment to the petitioners apart from delay in placing of the cases for admi...
Tag this Judgment!NavIn Kumar Mishra and ors. Vs. Lalit Narayan Mithila University and o ...
Court: Patna
Decided on: Feb-08-1994
Radha Mohan Prasad, J.1. In this application the petitioners, who are 57 in number, pray for quashing of the notification issued by the Registrar, of the Lalit Narayan Mithila University, Rameshwar Nagar, Darbhanga (hereinafter referred to as 'the University'), as contained in Annexure 4, where their services have been terminated with effect from the date of Notification, i.e. 7-5-1985,2. Mr. Jha, learned Counsel appearing for the petitioners brings to my notice that the Supreme Court in a similar situation has passed an order in writ petition No. 409 of 1991 disposed of on 25th September, 1991. He has produced the photo-copy of the order passed by the Supreme Court. He submitted that in the present case also the services of the petitioners were terminated by one stroke of pen even without giving them a show-cause notice. Mr. Jha submitted that most of the petitioners were appointed in a regular manner after due advertisement and selection, still their services have been terminated w...
Tag this Judgment!Shankar Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-03-1994
Bisheshwar Prasad Singh and Ram Nandan Prasad, JJ.1. In this application the petitioner has challenged the appointment of respondent No. 6 as a Special Public Prosecutor to conduct cases under the Essential Commodities Act on behalf of the State in the district of Muzaffarpur. The letter of appointment dated 12-7-1991 has been annexed as Annexure-1. The case of the petitioner is that by Annexure-3 dated 2nd February, 1991, the Under Secretary in the Department of Law reminded the District Magistrate that recommendation for appointment of Special Public Prosecutor had not been received. It appears from Annexure-5 dated 23rd March, 1991, that the District and Sessions Judge of Muzaffarpur had recommended three names for appointment as Special Public Prosecutor, which did not include the name of respondent No. 6. However, the District Magistrate had also called for recommendation of the local Bar Association, and by Annexure-6 dated 1st July, 1991, the Secretary of the local Bar Associa...
Tag this Judgment!Vishnu Kumar Khatar Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-03-1994
B.N. Agrawal, J. 1. This writ application has been filed for quashing the order dated 10-3-1987 passed by respondent-Collector, contained in Annexure-1, whereby the petitioner's application for renewal of mining lease was rejected and the order dated 26-5-1987, contained in Annexure-2 and 28-7-1987, contained in Annexure-8, passed by respondent-Mines Commissioner, affirming the aforesaid order of rejection.2. Necessary facts for disposal of this writ application are that the petitioner was granted a mining lease in November, 1980 for a period of five years with respect to a stone quarry over an area measuring 17.75 acres comprising of lands of plot Nos. 699 and 700, situate in village Ratanpur in the district of Nawadah. After grant of the lease, the petitioner started carrying on mining operation and out of the aforesaid forest land, nine acres was broken up before coming into force of the Forest (Conservation) Act, 1980 (hereinafter referred to as the Act) and mining operation cont...
Tag this Judgment!Bihar State Road Transport Corporation Vs. P. Sarvanam
Court: Patna
Decided on: Feb-03-1994
B.K. Roy, J.1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') against an order allowing compensation of Rs. 30,000/- and interest thereon from the date of the accident.2. The case of the respondent, who was the applicant, was to this effect: He is a sepoy bearing No. 6466454 DV (AT) and posted at Gaya Cantonment and was going to bring magazine from the store. When he reached at T. Junction in front of the quarter guard on Gaya-Dobhi Road, the bus No. BRK 4984 of the appellant came from the Magadh University side and hit him, due to which he sustained injuries on his right shoulder, head and back. The bus was being driven by Surajdeo Singh, examined by the appellant as OPW 1, who drove the bus rashly and negligently at a very high speed resulting in the said accident. He was taken to the Military Hospital. The driver was chased by the military personnel up to Gaya Bus Stand. The matter was reported to Chandauti Police Stati...
Tag this Judgment!Jeetendra Narayan Pandit and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-02-1994
1. All these writ applications involving common questions of fact with the consent of the parties were heard together and are being disposed of by this common judgment.2. C.W.J.C, No, 4394 of 1990 has been filed by Bihar College of Pharmacy wherein a prayer has been made for issuance of an appropriate writ for quashing the Order dated 11-7-1990 passed by respondent No. 2 whereby and whereunder the Vice-Chancellor, Magadh University was informed that the State Government decided to cancel the recognition granted to the said institution as also for quashing the communication contained in letter No. 1985 dated 11-7-1990 by which the District Magistrate, Patna, directed closure of the said institution, which are contained in Annexures-11 and 12 to the writ application.3. C.W.J.C. No. 5384 of 1990 has been filed by Patliputra College of Pharmacy praying therein for issuance of an appropriate writ calling upon the respondents to produce the Government Order by which recognition of the said...
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