Patna Court December 1998 Judgments
P.R. Mehton Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Dec-28-1998
1. Through this judgment, it is proposed to dispose of the above mentioned two OAs, which have raised identical questions of law and are based on similar facts.2. Applicant Shri P.R. Mehton was appointed to LSG on 1.4.82 being norm based and further promoted to HSG-II in 1986, again on norms based. He was promoted to HSG-I on 1.8.91 and was posted as Head Record Officer (HRO) at Jalandhar.3. Similarly, Shri F.C. Sharma, earning promotions like Shri Mehton, was posted as HRO Ludhiana w.e.f. 8.10.91 in HSG-I. Both of them are aggrieved by order at Annexure A-I dated 3.12.98, vide which Shri P.R.Mehton has been transferred to the post of Head Sorting Assistant (HSG-I), RMS Ludhiana and Shri Chain Ram, HSG-1 has been ordered to work as HRO (HSG-1), RMS Ludhiana.4. In the case of Shri F.C. Sharma, respondent No.2, CPMG, Punjab Circle, has directed the Postmaster General, Punjab Circle, to transfer him from the post of HRO to the post of HSA in I-Division, Jalandhar.Both of them plead that ...
Tag this Judgment!Ram Sewak Choudhary and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-24-1998
Ravindra Sahay, J.1. A dispute relating to inter-se seniority of three petitioners vis-a-vis respondent Nos. 6, 7, 8 and 9 reflected in the gradation list of Inspectors of District Commandant in the Home-guard Establishment which is subject matter of this writ petition which was filed in 1984. There is not dispute that three petitioners were senior to the respondents in the gradation list of Company Commanders. The petitioner and respondent Nos. 7 and 9 were appointed on 5.11.65 as Company Commanders. A gradation list prepared on 24.4.72, shows petitioner No. 1 at serial No. 34, petitioner No. 2 at serial No. 137 and petitioner No. 3 at serial No. 140 whereas respondent No. 7 at serial No. 144, respondent No. 8 at serial No. 279 and respondent No. 9 at serial No. (sic)2. In 1972 petitioner Nos. 1 and 2 were appointed as Civil Defence Instructor which is equivalent to the rank of Inspector vide order contained in Memo No. 11/77, dated 23.10.72 (Annexure 3). The petitioner No. 3 was app...
Tag this Judgment!The State of Bihar and ors. Vs. Kumari Abha
Court: Patna
Decided on: Dec-24-1998
1. This appeal has been filed against the judgment dated 18.6.1997 passed in CW.J.C. No. 3928 of 1996 (R) by a learned Single Judge of this Court, whereby he has quashed the order dated 18.10.1996, issued by the Deputy Secretary, Health, Medicine, Education and Family Welfare Department, Government of Bihar, Patna (respondent No. 3 to the writ petition) by which a direction was issued to the Principal, M.G.M. Medical College, Jamshedpur (respondent No. 4 to the writ petition) to cancel the admission of the petitioner respondent in MBBS Courses of 1993-95 sessions. While admitting the appeal, this Court issued notice to the respondents, including the petitioner-respondent Kumari Abha to show cause as to why the stay be not granted in this case. On 17.12.1998, an application under Section 151 C.P.C. has been filed on behalf of the petitioner-respondent for permission to allow her to appear in final MBBS Part II Examination scheduled to be held on 2.1.1989. The said petition was placed o...
Tag this Judgment!Kalicharan Paswan and ors. Vs. State of Bihar
Court: Patna
Decided on: Dec-23-1998
R.N. Sahay, J.1. These appeals arise from Sessions Trial No. 128/93 47/96 on the file of 1st. Addl. Sessions Judge, Nalanda at Biharsharif in which seven persons were placed on trial having been charged under Sections 304B, 498 and 201 IPC for unnatural death of Subida Devi wife of Pradeep Paswan, the appellant in Cr. App. No. 217/97.2. The trial Court acquitted the three accused persons, namely, Shanti Devi, Indra Devi and Ranjit Paswan and convicted Pradip Paswan, his brothers Kalicharan Paswan and Chandradip Paswan and his father Kapil Paswan. Criminal Appeal No. 201/97, was filed by Kali Charan Paswan, Chandradip Paswan and Kapil Paswan. The appellants in both the appeals were found guilty under Sections 304B, 498 and 201 IPC and sentenced 10 years under Section 304B, and three years under Sections 498B and 201 IPC.3. The case of the prosecution in brief was that Subida Devi daughter of Chotan Paswan (P.W. 4), the informant, was married with accused Pradeep Paswan son of appellant...
Tag this Judgment!In Re: Rohtas Industries Ltd. (In Liquidation)
Court: Patna
Decided on: Dec-23-1998
S.N. Jha, J. 1. An interesting question of law, which is said to be of first impression so far as this Court is concerned, has arisen for consideration in this winding-up proceeding. The question is whether the Official Liquidator is liable to make deductions of the workers share from their salary, contribute his share and deposit the same with the Regional Provident Fund Commissioner under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (in short, 'Provident Funds Act') and/or the Employees' State Insurance Corporation under the provisions of the Employees' State Insurance Act, 1948 (in short, 'Employees' Insurance Act'). The Official Liquidator has been served with notices by the concerned authorities to appear and produce the records in the matter of enquiry for determination of the amount due from him. The Official Liquidator has filed report (flag 324) and sought directions. Pursuant to notice the Provident Fund Commissioner, Bihar and th...
Tag this Judgment!Girdhari Mahto and anr. Vs. State of Bihar
Court: Patna
Decided on: Dec-22-1998
Ravi Nandan Sahay, J.1. Both the appellants have been convicted for an offence under Section 304, Part II of the Indian Penal Code and sentenced to rigorous imprisonment for five years by the 6th Additional Sessions Judge, Nalanda at Bihar Sharif, in Sessions Trial No. 103 of 1982/33 of 986.2. The charge against the appellants was that on 14.4.81 at 8 a.m. they assaulted Parmeshwar Sharma resulting in his death. The conviction of the appellants is based on testimony of the informant, his wife and mother, who were found to be the eye-witnesses of the occurrence. The main witness who had seen the deceased being assaulted by the appellants was Brahmdev Manjhi who unfortunately was not examined at the trial. This Brahmdeo Manjhi had disclosed to the informant what has happened at Geraiyasthan, the place where the deceased was assaulted by the appellants. According to him in the morning of 15.4.81 the deceased had gone to give invitation in connection with functions relating to death to th...
Tag this Judgment!Ram Awatar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-22-1998
M.Y. Eqbal, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed praying for issuance of an appropriate direction to the 3rd Additional Sessions Judge, Arrah, to frame charge under Section 307 of the Indian Penal Code against the accused persons in Sessions Trial No. 362 of 1997 as the cognizance under Section 307 of the Indian Penal Code besides other sections was taken by the Chief Judicial Magistrate, Arrah, on 23.9.1996 in Arrah Mofassil P.S. Case No. 41 of 1996 and the case was committed to the Court of Sessions.2. It appears that on the basis offardbeyan given by the petitioner on 4.4.1996 a case was registered against the accused persons on the allegation that on 4.4.1996 when the petitioner reached home after lodging case and getting himself treated with Sita Ram Singh, then Latua Singh and Krishna Singh assaulted them again and Binda Singh abated to kill all. It is also alleged that accused persons started assaulting Sita Ram when his head ...
Tag this Judgment!Santoshi Singh Tokhan Singh and ors. Vs. Ram Chandra Sah and ors.
Court: Patna
Decided on: Dec-22-1998
M.Y. Eqbal, J.1. This Civil revision has come for final hearing after remand by the Hon'ble Supreme Court in Civil Appeal No. 4180 of 1998.2. It appears that this Civil revision application was filed against the judgment and decree dated 30.5.1995 passed by the Addl. Munsif, Samastipur, in Eviction Suit No. 1/2 of 1987/94 whereby the plaintiffs suit for eviction of the defendant on the ground of personal necessity was decreed. This Court, after hearing the parties, allowed this revision application in terms of the judgment dated 7.5.1997 and set aside the judgment and decree passed by the trial Court. The plaintiff then moved the Hon'ble Supreme Court by filing the aforementioned Civil appeal and the Hon'ble Supreme Court in terms of the order dated 21.8.1998 set aside the judgment and order of this Court and remanded the matter for disposal of Civil revision afresh on merits.3. The case of the plaintiff-opposite parties, inter alia is that the original plaintiff, Mishri Lal Sah purch...
Tag this Judgment!The Managing Committee, East India Section of Seventh Day Advantists a ...
Court: Patna
Decided on: Dec-20-1998
R.A. Sharma, J.1. Smt. Rudh Sore, (respondent No, 2 to this appeal) was a teacher in Seventh Day Advantists School, Baragoan, District Ranchi (hereinafter referred to as the school) established and managed by the Managing Committee of the East India Section of Seventh Day Advantists, Morabadi, District Ranchi. Her service was terminated with effect from 25.8.1980 by the Managing Committee. She thereafter filed an application under Section 26(2) of the Bihar Shops and Establishments Act, 1953, (hereinafter referred to as the Act) before the labour court, Ranchi, challenging the said order of termination of her service. Along with her application she also moved an application for condonation of delay in filing her claim. The labour court condoned the delay and allowed her application declaring that the order terminating her service passed by the Managing Committee is illegal having been passed without any reasonable cause in utter violation of the relevant rules framed by the Managing C...
Tag this Judgment!Om Prakash Mishra Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-18-1998
M.Y. Eqbal, J.1. In this application filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the order dated 15.9.1998 passed by the Special Judge, Vigilance, South Bihar, Patna, in Special Case No. 66 of 1988 by which the application for discharge filed on behalf of the petitioner has been rejected and the case has been ordered to be placed for framing of charge. The plaintiff has also filed a supplementary application and prayed for quashing the entire criminal prosecution arising out of Vigilance P.S. Case No. 0044 of. 1980, dated 22.9.1980 and Special Case No. 66/88 so far as it relates to the petitioner.2. The aforesaid Vigilance case was instituted on 22.9.1988 on the basis of a written report submitted by the Inspector of Police (Vigilance), Investigation Bureau, Patna, to the Officer-in-charge, Vigilance PIS. Patna against the petitioner and other persons under Sections 409, 420, 120B of the Indian Penal Code and Section 5(2) read with...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »