Patna Court December 1995 Judgments
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Hriday Narayan Singh Vs. Bharat Cocking Coal Ltd. and anr.
Court: Patna
Decided on: Dec-13-1995
P.K. Deb, J.1. The short point involved in this writ application is whether the dismissal order passed against the petitioner vide Annexure-4 dated 3.7.1993 is sustainable in law when the petitioner has been denied of the report of the Inquiry Officer in the disciplinary proceeding.2. The petitioner was serving as Superintendent in the Estate department under the B.C.C.L. Regarding appointment of the displaced persons from whom the lands have been acquired, the petitioner was found to have embezzled the list of the appointees and as such the Department decided to take action against the petitioner and he was put under suspension and a disciplinary proceeding started. Charge sheet was submitted on 5.4.1990 and the petitioner submitted his reply to show cause on 10.4.1990. After the enquiry was concluded, report was submitted by the Inquiring Officer allegedly finding guilt of the petitioner and charges being proved against him on 27.4.1991. On the basis of that report, after two years ...
General Manager (H), Central Coal Fields Ltd. and anr. Vs. Anjan Baner ...
Court: Patna
Decided on: Dec-12-1995
Gurusharan Sharma, J.1. On 3.101980, Respondent No. 1 Anjan Banerjee was dashed by the Staff Bus of Central Coalfields Limited, Bearing Registration No. BRM 8463 at Pugmil Road, Hazaribagh and sustained injuries and as a result whereof he became crippled with 100% disability down his lower part of the body and cannot move without the help of anattendant2. While Sri Banerjee was walking at Pugmil Road and was coming towards east keeping his left, the said vehicle being driven by appellant No. 2, John Barla Francis came from the opposite direction in high speed and on account of rash and negligent drive dashed him. He fell down and both of his legs were crushed under the wheels of the vehicle. He was taken to Sadar Hospital, Hazaribagh, but since his condition was serious, he was referred to Rajendra Medical College Hospital, Ranchi, where he received treatment from 4.10.1980 to 1.8.1981 and again from 16.10.1982 to 13.3.1983. On 21.3.1983, he was referred to Vijay Hospital, Madras, whe...
Adhir Kanto Moitra Vs. Smt. Rakhi Biswas
Court: Patna
Decided on: Dec-12-1995
Gurusaharan Sharma, J.1. The Plaintiff-Opposite party filed Title (Eviction) Suit No. 9 or 1990 for eviction of the defendant petitioner from the suit house described in detail in schedule A to the plaint from her personal necessity under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as 'the Act' for short).2. According to the plaintiff, she has purchased the suit house by registered sale deed dated 14.8.1988, where in the defendant was a tenant from before. Her husband is aged about 56 years and is a practising advocate and there was no other house either belonging to the plaintiff or her husband at Dhanbad. Her husband was experiencing great difficulty in attending court from village Lakurka, which was at a distance of 25 Kms. from Dhanbad court. Her eldest son was also attending school at Akusa near Dhanbad from the village covering a distance of 20 Kms. and was experiencing serious inconvenience. As such the plaintiff...
Shambhu Nath Roy Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-11-1995
Sacchidanand Jha, J.1. These two writ petitions have been, heard together and are disposed of by this common judgment as the subject matter of dispute is the same in both of them.2. C.W.J.C. No. 803 of 1995 (R) has been filed by Sambhu Nath Roy, professedly, in public interest complaining of mismanagement of the affairs of Chotanagpur Law College (hereinafter referred to as 'the college') and misappropriation of its funds by respondent No. 7. Basant Kumar Lal as its Secretary during the period 1986-92. He has sought direction to the State of Bihar and the Ranchi University to take steps for take over of the college, as a constituent unit of the University, and in the meantime, grant permanent affiliation to it. He also wants that steps should be taken to improve the financial condition of the college and its management and administration be carried on by a Committee, in the meantime.C.W.J.C. No. 1139 of 1995 (R) has been filed by the said Basant Kumar Lal (hereinafter referred to as '...
Braj Mohan Prasasd Mehta Vs. Ranchi University and ors.
Court: Patna
Decided on: Dec-11-1995
Sachchidanand Jha, J.1.This writ petition is directed against the order of the Ranchi University as contained in the letter of its Register dated 27,4.95 by which, in the words of the petitioner, 'respondent No. 4 has been made Principal Incharge of Chotanagpur Law College, Ranchi' (hereinafter called 'the College'). The petitioner also seeks quashing of the appointment of respondent No. 4 Rakesh Kumar: Verma as Lecturer in the College Vide letter dated 31.12.82 Tiue copies of the aforesaid letter have been marked Annexures-9 and 3, respectively, to the writ petition.2. The case of the petitioner may be set as follows. The petitioner applied for the post of par-time Lecturer, in the College pursuant to advertisement issued by the University Service Commission. After interview etc. his name was recommended by the Commission under its letter dated 19.8.69 and in course of time he was appointed as a part-time Lecturer by the Governing Body of the College on 2.3.70. As against the appoint...
National Insurance Company Ltd. Vs. Kiran Devi (Smt.) and anr.
Court: Patna
Decided on: Dec-08-1995
R.N. Sahay, J. 1. This in an appeal under Section 30(1)(a) of the Workmen's Compensation Act, 1923, against the order of the Claims Commissioner dated January 10, 1990 by which order Rs. 77,855/-has been awarded to respondent Smt. Kiran Devi, widow of late Jagat Prasad who was in the employment of Respondent No. 2 as a driver. He died on November 8, 1988 due to accident. 2. The appellant, National Insurance Company, appeared before the Commissioner on June 6, 1989 and filed its written statement. The appellant, however, did not appear when the matter was heard. On November 3, 1989. The employer, Respondent No. 2, accepted the liability for compensation, but stated that since the vehicle which caused the death of the employee was insured with the appellant, the appellant was liable for compensation. The Commissioner, therefore, directed the appellant to pay thecompensation. 3. Sri Eqbal, counsel for the appellant contended that the order of the Labour Court is without jurisdiction bec...
Tata Iron and Steel Co. Ltd. Vs. Labour Court and anr.
Court: Patna
Decided on: Dec-08-1995
R.N. Sahay, J.1. By this application under Articles 226 and 227 of the Constitution of India, the petitioner, M/s. Tata Iron & Steel Co. Ltd., seeks a writ of certiorari to quash the award of the Labour Court, Jamshedpur dated June 28, 1990 whereby the Court held the termination of services of respondent S.S. Prasad to be not justified. The Labour Court accordingly directed the petitioner to reinstate the respondent No. 2 in service with full back wages and continuity of services and other benefits.2. The award has been impugned on the following grounds:-1. The Labour Court committed illegality in holding that the charge of misconduct against the respondent had not been proved when his predecessor in office had earlier held that the findings arrived at the domestic enquiry against the workman concerned were not perverse;2. In view of the materials on record, the Labour Court was not justified in arriving at the conclusion that the certificate produced by the workman for securing promo...
Lalji Banra Vs. Sukhram Banra and anr.
Court: Patna
Decided on: Dec-07-1995
Gurusharan Sharma, J.1. Title Suit No. 39 of 1980 filed by the plaintiff-petitioner for specific performance of contract against the defendants 1 and 2 was decreed exparte on 8.12.1981. Thereafter Execution Case No. 4 of 1982 was levied by the decree-holder and on 8.10.1983 sale deed on behalf of the Judgment-Debtor, defendantNo.1, was executed in favour of the decree-holder by the Court. The subsequent purchaser, who was defendant No. 2 in the suit, on 3.1.1985 filed an application under Order IX Rule 13 of the Civil Procedure Code before the Subordinate Judge, Chaibasa, for setting aside the aforesaid exparte decree. It was registered as Miscellaneous Case No. 1 of 1983. By the impugned order dated 8.12.1989 the said Miscellaneous Case has been allowed and the exparte decree has been set aside.2. Learned Counsel for the petitioner submitted that since the date of knowledge of the decree was not disclosed and it was simply stated that the applicant came to know about the exparte decr...
Zenith Forge Ltd. Co. and anr. Vs. Nilkanth Paul
Court: Patna
Decided on: Dec-04-1995
Gurusharan Sharma, J.1. Plaintiff-opposite party filed Eviction Suit No. 373 of 1989 against the defendant-petitioners for their eviction from the suit premises described in Schedule A to the plaint. According to the plaintiff, the defendants were inducted in the suit premises as tenant in the year 1979 and they continued as such till 8.9.1987. Thereafter on 9.9.1987 a registered lease was executed between the parties for a period of 24 months, commencing from 9.9.1987 and ending on 8.9.1989. Before expiry of the said lease, the defendants did not serve any notice to the plaintiff exercising their right conferred under Section 18 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (hereinafter to be referred to as 'the Act' for short) and after expiry of the lease on 8.9.1989 they did not vacate the house. The plaintiff sent a registered notice dated 3.10.1989 to the defendants requesting them to vacate the suit premises. But they did not vacate the same and, therefore...
Bhuneshwar Prasad Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-04-1995
A.K. Ganguly, J.1. After hearing learned Counsel for the parties, this writ-petition is being disposed of at the stage of admission itself by passing the following order:The petitioner has impugned in this writ-petition, an order 28th June, 1995 by which his previous order of transfer dated 30th June, 1994 from Ranchi to Patna as an Assistant Engineer in the office of the Chief Engineer, Patna was sought to be cancelled.2. The petitioner's case is that the previous order of transfer dates 30th June, 1994 (Annexure-3) has been passed in respect of a large number of persons and the petitioner's name figures at serial No. 95 in the said list. Pursuant to the said order of transfer dated 30.6.1994 the petitioner has joined at Patna and has settled down here and has been given a posting. Now all on a sudden the impugned order dated 28th June, 1995 has been passed in respect of the petitioner only cancelling the previous order of transfer dated 30th June, 1994.3. In the counter affidavit fi...
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