Patna Court January 2000 Judgments
Mostt. Indrasani Kunwar Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-12-2000
Narayan Roy, J.1. Hard learned Counsel for the petitioner, J.C. to S.C. III for respondents 1 to 3 and learned Counsel for respondent No. 4.2. By this writ application, the petitioner has prayed for quashing the order dated 9.3.1998 passed by the Joint Director, Consolidation, Bihar, Patna respondent No. 3 in revision case No. 280/96 as contained in Annexure-1. Learned Counsel for the petitioner submitted that after the village in question was confirmed a revision application straightway was filed by respondent No. 4 before the Director, Consolidation and the Director, Consolidation in exercise of his power under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as the Act) entertained the revision application which was not against an order nor the proceedings was under challenge mid held that the Bay-Beyana dated 21.8.90 executed by the Petitioner was void as no prior permission as required under Section 5 of the Act, was t...
Tag this Judgment!Ram Charitar Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-12-2000
Radha Mohan Prasad, J.1. In this writ petition the petitioner, who retired from service of the State Government on 1.3.1997 while working as Supply Inspector in the Department of Food and Civil Supplies, is aggrieved by non-release of his post retiral dues and also by order dated 16.4.1998 contained in Annexure-9, validity of which has been challenged in the interlocutory application (I.A. No. 4833/98). By the said order contained in Annexure-9, it has been held that the petitioner shall not be entitled for any other amount except the amount of subsistence allowance during the period of his suspension, i.e. from 10.12.1985 to 14.5.1992. The learned Counsel for the parties have rightly pointed out that the said period of suspension has been wrongly mentioned in the said order. In fact, the petitioner was placed under suspension during the period from 23.6.1986 to 14.5.1992.2. The learned Counsel for the petitioner has further submitted that the petitioner was not paid any thing by way ...
Tag this Judgment!Mahmood Azam Siddique and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-12-2000
S.J. Mukhopadhaya, J.1. In both the cases, as common Notification, contained in Memo No. 936 (3) dated 1st November, 1999 are under challenge, they were heard together and are being disposed of by this common order.2. The petitioners are members of the Bihar Health Service and wife transferred at one or other place in the month of August 1999. The petitioner, Mahmood Azam Siddique of C.W.J.C. No. 12287/99 was transferred in the Primary Health Centre, Kataiya within the District of Gopalganj, vide Notification dated 17th August, 1999, whereas petitioner, Dr. Ramchandra Sail of C.W.J.C. No. 11477 of 1999, was so transferred to Referral Hospital, Manigachi within the District of Darbhanga, vide Notification dated 17th August, 1999.3. It is not in dispute that the petitioners on such transfer joined the transferred post and continued to function. While the petitioners were so functioning, the respondent-State issued the impugned Notification on 1st November, 1999 and cancelled the earlier...
Tag this Judgment!Lakhan Sah @ Lakhan Sonar and anr. Vs. State of Bihar
Court: Patna
Decided on: Jan-12-2000
S.N. Pathak, J.1. This appeal has been filed by appellants Lakhan Sah @ Lakhan Sonar and Sukhdeo Sah @ Sukhdeo Sonar. Both the appellants were convicted under Section 412 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years by Shri B.D. Jha, Sessions Judge, Begusarai by his judgment dated 31st May, 1989.2. The case of prosecution according to the fardbeyan of the informant, Nripendra Singh, was to the effect that in the night between 21st and 22nd January, 1983, there was a dacoity in his house in which his brother Suresh Prasad Singh received injuries and his nephew Lallu Kumar was killed. The informant himself managed to escape and raised alarm which attracted villagers who confronted the dacoits and in the firing resorted to by the dacoits, one villager Ajo Thakur was shot at causing some injuries upon him. The injured and the deceased were carried to Begusarai hospital where fardbeyan of the informant was recorded by a police officer of Begusarai P...
Tag this Judgment!Ashok Kumar Pandey Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-12-2000
S.N. Jha, J.1. The dispute in this writ petition relates to appointment to the post of Dafadar in Bit No. 3 of Rohtas Police Station. The petitioner seeks direction to allow him to work on the post.2. The post in question fell vacant on 8.10.86 when the erstwhile Dafadar Nanhak Pandey was removed from service on charges in a departmental proceeding. Birkeshwar Singh, who has been added as respondent No. 5 pursuant to his intervention in this case, was nominated for appointment to the post. The Officer-in-charge, Rohtas Police Station as well as Sub-divisional Magistrate, Sasaram recommended his case. On 20.8.87 vide Order No. 55/87 he was appointed on the post by the Superintendent of Police, Rohtas. In the meantime, Nanhak Pandey had filed C.W. J.C. No. 3013 of 1987 challenging his removal from service. By an interim order passed on 15.9.87, the operation of the impugned order was stated and Nanhak Pandey was allowed to work as before. In the light of the said order of this Court, Na...
Tag this Judgment!Jai NaraIn Sah and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-12-2000
S.N. Pathak, J.1. This appeal has been preferred by the above named appellants against the order of conviction and sentence passed by Shri B.N. Singh, Sessions Judge of Camp Court at Bagaha, District West Charnparan. Convict Jai Narain Sah was convicted under Sections 148 and 324, I.P.C. and sentenced to undergo R.I. for six months under each of the above sections. Convict Mohan Sah was convicted under Sections 147 and 323, I.P.C. and sentenced to undergo R.I. for four months under each of the above sections and the rest of the convicts namely Sheo Sagar Sah, Nawal Sah, Suraj Banshi Hazam and Shankar Sah were convicted under Section 147, I.P.C. and sentenced to undergo R.I. for four months. All the sentences awarded against all the convicts were directed to run concurrently.2. The case of the prosecution, as per the fardbeyan of the informant, was to the effect that on 25.6.1984 the informant was sitting at his danoaja, where one Chhote Lal, son of Ragho Raut came to him and told him ...
Tag this Judgment!Lalan Prasad Singh Vs. State of Bihar
Court: Patna
Decided on: Jan-12-2000
S.N. Jha, J.1. This writ petition has been filed challenging the validity of promotion of Respondent Nos. 4, 5 and 6 to the post of Havildar. (Armourer) made by memo No. 1277 dated 29.11.90 of the AIG(Q) Bihar, vide Annexure-1 to the writ petition. During the pendency of the case, on 10.12.91, the petitioner was also promoted to the post on being found fit by the Selection Board on 25.11.91. The grievance of the petitioner that the respondents were promoted to the post without considering his case, thus no longer subsists. The only dispute which remains to be resolved relates to inter-se seniority between the petitioner and the respondents. Having been promoted to the post earlier, the respondents are naturally to rank senior to the petitioner.2. The petitioner was appointed as general constable on 30.10.71. He was selected as Armourer constable and on passing the pre-requisite course known as Preliminary Course absorbed in the cadre of Armourer constable on 31.1.1983. Respondent Nos....
Tag this Judgment!S. Sarwar Ali Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-12-2000
Radha Mohan Prasad, J.1. In this writ petition, the petitioner has sought for issuance of an appropriate writ in the nature of mandamus directing the respondents to pay cash equivalent to leave salary with interest while he he held the Office of Lokayukta for a period of five years.2. The short relevant facts are that the petitioner upon his retirement as Acting Chief Justice of this Court was appointed as Lokayukta on 7.2.1990 under Section 3 of the Bihar Lokayukta Act, 1973 (hereinafter referred to as 'the Act') and ceased to hold said office on 6.2.1995 on completion of full term of five years from the date, he entered upon his Office. In exercise of the powers conferred by Section 20 of the Act, the Governor of Bihar framed the rules called as the Bihar Lokayukta (Condition of Service) Rules, 1994 (hereinafter referred to as 'the Rules') Rule 5 of Rudes deals with the leave admissible to the Lokayukta and cash equivalent to leave salary in respect of the period of earned leave to ...
Tag this Judgment!Arvind Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-11-2000
S.J. Mukhopadhaya, J.1. The petitioner initially challenged the order dated 15th April 98, whereby and whereunder, he was prohibited to work on the ground that his service had been terminated in March 1984 and he was asked to show-cause as to why an F.I.R. should not be lodged against him.2. The petitioner submitted show-cause reply on 30th April 98 and brought to the notice of the authorities that the order of termination issued on 15th March, 1984 was recalled and he was reinstated by subsequent order issued by Director, Secondary Education dated 6th February, 1985. After such reply, the respondents issued impugned order No. 3060-65 dated 17th June, 1998 terminating the services of petitioner on the ground that he has misappropriated Government money; his appointment was illegal and forged, as was found to be proved. The subsequent order dated 17th June, 1998 is also under challenge.3. The brief fact of the case shows that the petitioner was appointed as clerk along with two others ...
Tag this Judgment!Jitendra Narayan Thakur Vs. Kameshwar Singh Darbhanga Sanskrit Univers ...
Court: Patna
Decided on: Jan-11-2000
S.J. Mukhopadhaya, J.1. The petitioner who was initially appointed as Lecturer in English prior to 1980 by the Government Body of Gurukul Sanskrit College, Bairagania, Sitarnarhi and his service was approved by the University, initially preferred this writ petition for direction on the Respondents for payment of salary for the period from October 1990 to May 1995 and that of the subsequent period.2. During the pendency of the writ petition, in terms with direction given by the Chancellor, vide letter dated 19th September, 1995, the case of the petitioner was placed before the Absorption Committee, which rejected the claim, vide its decision dated 17th/18th June, 1999 (Annexure-15). The main ground taken was that the petitioner being not qualified, he having no higher 2nd Class Post-Graduate Degree (more than 52.5%), is not eligible for regularisation/absorption.3. In fact, the case of the petitioner was earlier dealt with by the University. While they forwarded its opinion to the Chan...
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