Patna Court October 1999 Judgments
C.K. Pandey Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Patna
Decided on: Oct-29-1999
(i) To quash and set aside dismissal order No. SS/SPs/1/Part-I/C.K. Pandey dated 25.11.1991 (Annexure A/1). (ii) To quash and set aside the revisional order dated 14.12.1998 passed by respondent No. 1 and communicated by respondent no. 3 through letter dated 16.12.1998 as at Annexure-A/2. (iii) The respondent authorities be directed to reinstate the applicant to his original post. (iv) The respondents be directed to treat the entire period of suspension and dismissal from service as on duty for all purposes along with consequential benefits and 25% interest on pay and arrears.2. In brief, the case of the applicant is that while working as Office Superintendent Grade II (OS Grade II and while on duty on 15.11.1991 and 16.11.1991, an F.I.R. (Annexure-A/4) was lodged against him in GRP, Muzaffarpur on the alleged allegation that the applicant abused and assaulted on Shri Ajay Kumar, ASTE/Barauni Junction, N.E. Railway at about 11 A.M. on 15.11.1991. The F.I.R. was tried under Sections 14...
Tag this Judgment!Abdul Sattar Wahidi Vs. Bihar State Road Transport Corporation and ors ...
Court: Patna
Decided on: Oct-29-1999
Radha Mohan Prasad, J.1. The petitioner of this writ petition was appointed as Conductor in the respondent-Bihar State Road Transport Corporation. On certain charges a departmental proceeding was initiated against him and was dismissed on 20th of June, 1977. Against the said dismissal, the matter went to the Labour Court vide Reference Case No. 22 of 1990, in which after adjudication the Labour Court directed for petitioner's reinstatement in service with half back wages vide award dated 30th of October, 1993. The respondent-Corporation filed writ petition bearing C.W. J.C. No. 5869 of 1994, in this Court against the said award which was admitted and is pending for final disposal. However, during the pendency of the writ petition the petitioner retired on 31-12-1994. Thereafter, he filed representation for his post-retiral dues besides other dues. When no action was taken on his said representation, he filed the present writ petition seeking direction to the respondents to pay his po...
Tag this Judgment!Jagarnath Bind and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-29-1999
R.N. Sahay, J.1. There are five appellants in this appeal, who were charged, tried and convicted by the 6th Additional Sessions Judge, Arrah in Sessions Trial No. 190 of 1980 by judgment and order dated 25th January, 1986. The appellants were tried for the murder of Sheo Shankar Singh in furtherance of their common objection 15th June, 1978 at a place known as Barakha Pokhra, Badhar, village Jagdishpur, P.S. Jagdishpur in the district of Bhojpur. Appellant Ramasis Bind has been convicted under Section 302, I.P.C. arid sentenced to imprisonment for life. He has further been convicted under Section 148, I.P.C. and sentenced to two years. Appellants Jagarnath Bind, Sardar Bind, Gudri Bind and Lallan Bind have been convicted under Section 302/149, I.P.C. and sentenced to imprisonment for life. Appellants Jagarnath Bind, Sardar Bind and Gudri Bind have further been convicted under Section 147, I.P.C. and sentenced to six months' imprisonment. Appellant Lallan Bind has further been convict...
Tag this Judgment!Bhanu Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-28-1999
R.N. Sahay, J.1. Appellant No. 3 Ramji Singh is the father of appellant Nos. 1 and 2. These appellants were charged, tried and convicted for the murder of Inderdeo Singh, the own brother of appellant No. 3, Ramji Singh and have been sentenced to imprisonment for life.2. Appellants No. 1 and 2 have also been convicted under Section 323, I.P.C. for causing hurt Rajpati Devi, the widow of Inderdeo Singh. Appellant Ved Prakash Singh was also charged and convicted under Section 324, I.P.C. for causing hurt Rajpati Devi by Chhura.3. The incident which culminated in the trial and conviction of the appellants happened on 28-9-83 at village Bareja, P.S. Kopa in the district of Sarah. The time of occurrence was 7 a.m. Inderdeo had gone to answer call of nature near his house in the village, Rajpati Devi, wife of Inderdeo Singh was brooming her house. She was in Angan when her daughter Meera Kumari shouted. Rajpati came out of her house and found in the back side of her house towards west in fr...
Tag this Judgment!Pargana Murmu and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-28-1999
R.N. Sahay, J. 1. There are three appellants in this appeal, who have been convicted under Section 304, Part-I of the Indian Penal Against order of Sushil Kumar Dwivedi, Sessions Judge, Santhal Parganas, Dumka, D/- 11-4-1991. Code and sentenced to 10 years imprisonment by the Sessions Judge, Santhal Parganas, Dumka in Sessions Case No. 108/ 89.2. Appellants No. 1 and 2 are own brothers. They are residents of village Kalo Dumaria while appellant No. 3 is the resident of village Kusmaha. Both the villages are within the jurisdiction of Jarmundi Sub Division.3. The case against the appellants is that on 21-10-1988 at 8.00 p.m. the appellants caused hurt to deceased Kistu Munnu in his abdomen by slaps, fists and kicks in front of the house of Nilmani Marandi. The deceased was own uncle of appellants No. 1 and 2. After the assault, appellant Pargana Munnu carried the deceased Kistu dragging to his house. There also the appellants are said to have caused hurt to Kistu. In the night they pla...
Tag this Judgment!Ramesh Sharma Alias Ramesh Mistri and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Oct-28-1999
P.K. Deb, J.1. This application under Article 226 of the Constitution of India has been filed for issuance of writ of certiorari in respect of the orders passed by IIIrd Additional Sessions Judge, Nalanda, in Criminal Revision No. 71 of 1992 and the order dated 16-3-1992 passed by Additional Chief Judicial Magistrate, Hilsa, in connection with Islampur Police Station Case No, 56 of 1990.2. From the factual aspect of the case, it appears that the husband of the opposite party No. 2, i. e., Ashok Prasad was alleged to be kidnapped by the petitioners and, as such, Islampur Police Station Case No. 56 of 1990 was registered. In course of investigation of the case, the petitioners were arrested and put behind the bar. Afterwards, charge-sheet was submitted in the case and then the case was committed to the Sessions and at that time writ application was filed, and the Sessions Trial was pending before the Sessions Court.3. It appears that during the investigation of the case the investigati...
Tag this Judgment!Siya Ram Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-28-1999
R.N. Sahay, J.1. There are five appellants in this appeal, which has been preferred against the judgment and order dated 21-4-1986 passed by 1st Addl. Sessions Judge, Saran at Chapra, in Sessions Trial No. 249 of 1983 whereby all the appellants have been convicted under Section 302/34, I.P.C. and have been sentenced to undergo R.I. for life and fine of Rs. 1,000/- each and in default further R.I. for six months. The appellants have been further convicted under Section 364/34, I.P.C. and sentenced to undergo R.I. for ten years and a fine of Rs. 500/- each and in default further R.I. for three months. The sentences have been ordered to run concurrently.2. Appellant No. 4 Raj Kumar Singh is dead and hence his appeal had abated. The appellants were tried and convicted for abduction and murder of Ranjit Singh on 11-8-1983 at 6 p.m. in village Pachhrukhi under Parsa P.S. in the district of Saran.3. The facts of the case are that Parsa P.S. Case No. 28/83 was instituted against the appellan...
Tag this Judgment!Jagat Prasad Vs. State of Bihar
Court: Patna
Decided on: Oct-27-1999
P.K. Deb, J.1. This revision petition has been preferred against the judgment and order dated 9-3-1994 passed by Additional Sessions Judge, II, Jehanabad in Cr. Appeal No. 57 of 1993 whereby and whereunder the conviction and sentence imposed by the Judicial Magistrate, Jehanabad in G.R. Case No. 946 of 1993 (Trial No. 319 of 1992) had been confirmed. The petitioner was tried for offences under Sections 279 and 304A of the I.P.C. and sentenced under the said Sections for simple imprisonment for three months amalgamately under two penal sections as mentioned above.2. The occurrence took place on 28-7-1988 while the petitioner was driving his tractor No. BHB 2556 and because of rash and negligent driving dashed against Yogendra Prasad who; later on, died in the Hospital. An information was lodged by means of a fardbayan by P.W. 1 Kishore Sao who was posing himself to be an eye-witness of the occurrence. The other eye-witness to the occurrence i.e. P.W. 2 Jugal Kishore has been declared ...
Tag this Judgment!Sheo Nath Mahto and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-27-1999
R.N. Sahay, J.1. This is an appeal against the judgment and order dated 26th May, 1989 passed by Sri D.N. Pathak, 1st Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 227/85, whereby the appellant No. 1 Sheo Nath Mahto has been convicted under Sections 307 and 148 of the Indian Penal Code and has been sentenced to undergo R.I. for seven years and two years respectively. The remaining six appellants have been convicted under Sections 323 and 147 of the Indian Penal Code and have been sentenced to imprisonment for one year under each count.2. The appellants were tried and convicted in the following circumstances. On 1-8-1984 at 5.00 p.m., Bijay Shankar Prasad was leading a Mahabiri Jhanda Procession in village Lalgarh which is about 8 kms from Bettiah Muffasil Police Station. When the procession reached near the door of Mangal Sah, it is alleged that appellant Sheo Nath Mahto dragged Bijay Shankar Prasad and after abusing him assaulted him with Bana, Bijay Shank...
Tag this Judgment!Baso Yadav and ors. Vs. State of Bihar
Court: Patna
Decided on: Oct-27-1999
P.K. Deb, J.1. This revision petition has been preferred against the judgment and order dated 26-11-1993 passed in Criminal Appeal No. 16 of 1988 by the Second Assistant Sessions Judge, Nawadah confirming the conviction and sentence imposed by Judicial Magistrate, Second Class, Nawadah in G.R. Case No. 402 of 1985 (Tr. No. 174 of 1986). All the petitioners had faced trial for offences under Sections 341/323/325/379 of the I.P.C. After trial in the original Court, petitioner No. 1 has been convicted under Sections 323/379/341 of the I.P.C. Petitioner No. 2 and petitioner No. 4 have been convicted only under Section 341 of the I.P.C. and sentenced to three months' simple imprisonment. Petitioner No. 3 Brahamdeo Yadav has been convicted both under Section 341, I.P.C. and also under Section 323, I.P.C. and sentenced to undergo simple imprisonment for six months under Section 325, I.P.C.2. The trial Court's judgment had been assailed in appeal, as mentioned above, but the appellate Court ...
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