Patna Court February 1999 Judgments

Uday Singh Vs. Ranchi University and ors.

Court: Patna

S.J. Mukhopadhaya, J.1. As the common points of law are involved in all the writ petitions, they were heard together and are being disposed of by this common order.2. The petitioners who were earlier promotion as University Professor on adhoc basis, they were reverted to the lower post i.e. Reader for one or other reason. Those orders of reversion contained in the Notification dated 4th June, 1997, have been challenged in those cases. The main ground shown in the impugned notification and as pleaded by the respondent is that the Screening Committee of the Ranchi University (University for short) has not recommended or Bihar Stat University (Constituent Colleges) Services Commission (Commission for short) did not recommend/reject the name of the petitioners for promotion as per the guideline of the University Grant Commission (U.G.C. for short).3. To appreciate the cases, it is necessary to take into consideration the relevant facts of the individual petitioners as shown hereunder: C.W...

Nand Kishore Jha Vs. State of Bihar and ors

Court: Patna

Reported in: 1999(3)BLJR1780

1. In this application field under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the order dated 29-7-1998 passed by the 2nd Addl. Sessions Judge, Saharsa in Cr. Revision No. 134 of 1997 by which he has set aside the order dated 31-3-1997 passed by the Sub-Divisional Judicial Magistrate, Saharsa, in Sonbarsa P.S. case No. 40 of 1995 and took cognizance of the offences punishable under Sections 147, 341, 323, 325, 307 and 504 of the Indian Penal Code against Opposite Party Nos. 2 to 8.2. The prosecution case, in brief, is that on 8-6-1995, the petitioner reported to the Sonbarsa police that his younger brother, namely, Ashwini Kumar Jha, was severely assaulted by the accused-persons including Opposite Party Nos. 2 to 8 who were armed with lethal weapons as well as fire-arms. It was further stated by the petitioner that his younger brother was dragged mercilessly to the house of the accused Gugal Yadav. The accused-persons continued assaulting the ...

Dina Singh Alias Suresh Singh and anr. Vs. State of Bihar

Court: Patna

G.S. Chaube and P.K. Sarkar, JJ.1. Both the appellants, name, above, have been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life by judgment and order dated 9.1.1989 of the Sessions Judge, Palamau, in S.T. No. 221 of 1986.2. The prosecution case, in brief, is that one Ramjanam Choudhary, son of Nanhaku Choudhary of village Pataria, Police station Chainpur in the district of Palamau was working as Pump Guard under Minor Irrigation Department at village Bokeya within Chainpur police station of the same district. He was residing at the house of his father-in-law Rupan Choudhary of the same village; his wife and son were also residing there. On 10.11.1985 in the evening his wife Fulwa Devi (P.W. 1) accompanied by her son Surajdeo Choudhary (P.W. 2) and father Rupan Choudhary was going to pump side at the bank of river Koel from a mile north of Bokeya Basti with food for her husband. On way to the pump side they were ac...

State of Bihar Vs. Mohan Miskar and anr.

Court: Patna

1. The Death Reference along with two Cr. Appeals preferred by the appellants arise out of the judgment and order of the 2nd Addl. District and Sessions Judge, Chapra in S.T.No. 312 of 1996/10 of 1997, dated 27th February, 1998. In Cr. Appeal No. 131/98, the appellants are Mohan Miskar and Raju Miskar, who have been sentenced to death under Section 302, read with Section 148. IPC. They have also been directed to pay a fine of Rs. 1000/- and in default, to undergo six months rigorous imprisonment. They have further been found guilty and sentenced to four years rigorous imprisonment under Section 27 of the Arms Act. Though they have also been found guilty under Section 148. IPC, but no separate sentence has been passed on this count.In Cr. Appeal No. 155/98, there are three appellants, namely, Munna Mi skar, Baldeo Miskar and Babulal Miskar. They have been found guilty under Section 302/149. IPC and sentenced to undergo rigorous imprisonment for life and have also been directed to pay a...

Bihar Air Products Ltd. and ors. Vs. Bihar State Electricity Board and ...

Court: Patna

Sudhansu Jyoti Mukhopadhaya, J.1. All these cases relate to payment of 'fuel surcharge'.2. Today, they were listed under different headings like 'For Orders'; 'For Admission'; and 'For Hearing'.3. There being common point of law involved and as the cases now stand covered by decision of this Court, they were heard together and are being disposed of by this common order/judgment.4. The Bihar State Electricity Board (Board for short) came out with order vide letter dated 5th January' 95, wherein they levied 'fuel surcharge' @ 25.98 ps./K.W.H. with effect from 1.7.93 and 'other operational surcharge' @ 8.78 ps./K.W.H. with effect from 1.7.93. Against the aforesaid order dated 5th January' 95, certain writ petitions were preferred which remained pending for disposal before this Court.5. In the meantime, while such writ petitions were1 pending, this Court In the case of Bihar 440 Volt Vidyut Upbhokta Sangh v. B.S.E.B. and others, reported in 1994(2) P.L.J.R. 103, held that the Board cannot...

SerajuddIn Ansari Vs. the Home Secretary, State of Bihar

Court: Patna

1. This writ petition was filed before this Court on 27th November, 1998 as a habeas corpus petition in which a prayer was also made for payment of adequate compensation to the petitioner for his delayed trial on account of the laches on the part of the State resulting in deprivation of his fundamental right to speedy trial. It was submitted at the hearing of this writ petition that the petitioner has ultimately been acquitted by the Trial Court but only after he has suffered incarceration for long fifteen years.2. The facts of the case are that the petitioner was arrested in connection with a case of murder in which it was alleged that he had committed the murder of his mother. By order dated 16.2.1984 passed by the ACJM, Danapur the petitioner was remanded to judicial custody. It also appears from the record that an order was passed extending to the petitioner the benefit under Section 167(2) of the Code of Criminal Procedure for his release on bail, since the charge-sheet had not b...

Krishnadeo Singh Vs. the State of Bihar and ors.

Court: Patna

S.J. Mukhopadhaya, J.1. The petitioner who was promoted in the rank of Account Clerk on 14th October, 1977, his order of promotion was cancelled after 14 years on 14th December, 1991, For the said reason, he challenged the order of cancellation of promotion aforesaid in the present case.2. The brief fact of the case shows that the petitioner read upto Higher Secondary standard and appeared in such examination but failed. Subsequently he was appointed to the post of Treasure Guard on 10th of January, 1974, in Flood Control, Design Division under the Irrigation Department of the State of Bihar. The case of the petitioner was considered for promotion to the next higher post of Accounts Clerk and he was promoted to the said post by order dated 14th October, 1977. On such promotion, the petitioner joined the post and continued to function. It is only after 14 years, the impugned order was issued on 16th December, 1991 and the order of promotion issued on 14.10.1977 was cancelled.3. The sta...

Surajdeo Koeri Alias Surajdeo Mahto Vs. State of Bihar and ors.

Court: Patna

M.Y. Eqbal, J.1. In this application under Article 226 of the Constitution of India, the petitioner has prayed for quashing Memo No. 1950 dated 8.6.98 as contained in Annexure-5 to the writ petition passed by respondent No. 2, the Inspector-General of Police (Prison), Bihar, Patna and further prayed for release of the petitioner from illegal detention.2. The petitioner was sentenced to undergo rigorous imprisonment for life in Imamganj P.S. Case No. 43/81 giving rise to Sessions Trial No. 367/82 and the same was confirmed by the judgment and order dated 18.2.1987 passed by this Court in Criminal Appeal No. 391/85. The petitioner was also convicted in Nawadah P.S. Case No. 14/73 giving rise to Sessions Trial No. 18/79 and was sentenced to undergo R.I. for ten years and this sentence was modified in Cr. Appeal No. 527/83 to the extent that the petitioner suffered five years in jail and that imposition of fine for the remaining period of imprisonment mean meets the ends of justice and as...

Radhakrishna Paswan Vs. State of Bihar and ors.

Court: Patna

J.N. Dubey, J.1. Petitioner has approached this Court for issuing a writ of mandamus commanding the respondents to pay his arrears of salary and retiral benefits.2. It appears that the petitioner was working as a Peon in the office of respondent No. 6, the officer-in-charge, Majorganj P.S., Sitamarhi. Since his date of birth was February 10, 1940, he was due to retire on February 28, 1998 but was wrongly retired on December 31, 1989. He filed representation to the respondent No. 2, the District Magistrate, Sitamarhi, which was allowed on March 31, 1994 and he was directed to continue in the office till February 28, 1998. He again joined the post and retired on completion of his age of superannuation on February 28, 1998. The respondents have neither paid him salary for the period January 1, 1990 to March 31, 1994 nor his retiral benefits.3. On the other hand, the case of the respondents is that the petitioners did not work from January 1, 1990 to March 31, 1994 and as such, he was not...

Rameshwar Thakur @ Nemi Chand Thakur, Etc. Etc. Vs. State of Bihar

Court: Patna

G.S. Chaube and P.K. Sarkar, JJ.1. Appellant No. 1 Rameshwar Thakur @ Nemi Chand Thakur (A-1) in Cr. Appeal No, 13 of 1989 (R) ; appellant No. 2 Gahnu Mahto (A-2) in Cr. Appeal No. 17 of 1989 (R) ; and appellant No. 3 Chandra Mahto (A-3) in Cr. Appeal No. 23 of 1989(R) were tried together in S.T. No. 15 of 1988 ; therefore, the above-mentioned appeals have been heard together and are being disposed of by this common judgment.2. Appellant No. 1 has been convicted under Sections 302 and 376 of the Indian Penal Code and sentenced to undergo imprisonment for life for the former offence and R.I. for 10 years for the latter ; appellant No. 2(A-2) and appellant No. 3(A-3) have been convicted under Section 302 read with Section 34 of the Indian Penal Code and likewise sentenced to imprisonment for life. However, while appellant No. 2 (A-2) has been convicted under Section 376, appellant No. 3(A-3) has been convicted under Section 376 read with Section 109 of the Indian Penal Code and both of...