Court : Central Administrative Tribunal CAT Patna
1. This reference, under Section 26 of the Administrative Tribunals Act, 1985, arises out of a batch of seven cases, being OA No. 575/98 and Ors. (already referred to above), wherein, there was difference of opinion expressed by the Member (Administrative) and Member (Judicial) of a Division Bench of this Tribunal in the order dated 10th September, 1999. While disposing of all those OAs, the Member (Administrative) was of the opinion that those should be dismissed whereas, the Member (Judicial) expressed his opinion otherwise and, accordingly, by a common order dated 1 Oth September, 1999, the Division Bench made a reference to the Hon'ble Chairman under the aforesaid Section of the Act for disposal of these OAs by a Larger Bench. Therepupon, the Hon'blc Chairman, Central Administrative Tribunal, Principal Bench, New Delhi, by an order dated 04.11.1999 made a reference to this Bench and, accordingly, the matter was heard again with participation of all the parties, referred to above.2...
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D.N. Prasad, J.1. This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner (Ram Pravesh Agrawal) for quashing of the First Information Report (Annexure-3) in Mandu PS Case No. 172/99 dated 21.7.1999 corresponding to G.R. Case No. 1207/99 under Sections 39/44 of the Indian Electricity Act, 1910 and under Section 379 of the Indian Penal Code including the entire prosecution launched against the petitioner, pending in the Court of the Chief Judicial Magistrate, Hazaribagh.2. Brief case of the prosecution leading to this application is that on 21.7.1999 a raiding party was organised for the purpose of detecting of energy theft and during the course of raid, it was found that M/s Rishi Cement Company Ltd. was showing 94887 units for the monthly consumption instead of 2,15,000/- unit and as such Company of which the petitioner is the Managing Director was committing theft of energy of about 1,20,000 units per month and causing loss to the Ele...
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N. Pandey, J. 1. This writ petition has been filed for 'an appropriate writ/order/ direction, commanding the respondents to hold the election of the Municipal Commissioners of different Wards of the Daltonganj Municipality forthwith and until holding such elections, the outgoing Municipal Board be allowed to function till the constitution and the first meeting of the newly elected commissioners. Prayer has also been made to restrain the respondent authorities from interfering in any manner with the day-today functionings of the Municipal commissioners until the fresh election is held. It would be relevant to mention that this writ petition was although heard with CAV.J.C. 3089 of 1998 (R) and C.W.J.C. No. 3061 of 1998 (R) (reported in 2000 (2) BUR 1352) for sake of convenience it is disposed of separately. 2. It would appear from the materials on record that the election of the Commissioners of Daltonganj Municipality was conducted on 31-5-1993 in terms of unamended provisions of t...
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Radha Mohan Prasad, J.1. As in both these writ petitions the question involved is common, with consent of the parties, they have been heard together and are being disposed of by this common judgment/order.2. In both these writ petitions, the petitioners are widows of Headmaster and Assistant Teacher respectively. Husband of the petitioner in the first case (C.W.J.C. No. 8122 of 1998) died in harness on 26.1.1973 while posted in Primary School, Jagaidih, Ahchal Banka West in the district of Banka and the husband of the petitioner in the second case (C.W.J.C. No. 9018 of 1999) was an Assistant Teacher in Government Middle School, Lari, under Kurtha Police Station from where he superannuated on 30.11.1974 and subsequently, died on 25th August, 1980. both the Schools were initially a Non-Government Middle/Primary School under the control of respective District Boards of Bhagalpur and Gaya. Said Schools were taken over by the State Government with effect from 1.1.1971, vide the Bihar Non-G...
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R.M. Prasad, J.1. In this writ petition, the prayer is to direct the respondents to grant all retiral benefits like G.P.F., gratuity, group insurance and other consequential benefits.2. In short, the relevant facts are that the petitioner was initially appointed in the Office of Patna Electric Supply Undertaking, a Unit of the Bihar State Electricity Board (hereinafter referred to as 'the Board') on the post of Unskilled Khalasi and later, he was promoted as Meter Reader. While he was posted in the Office of Electrical Executive Engineer, Electric Supply Division (PESU), Patna City in the year 1991, a departmental proceeding was initiated against him in which an order was passed on 25.1.1993 terminating his service.3. The petitioner filed a writ petition, bearing C.W.J.C. No. 8024 of 1996, in this Court against the said order of termination and this Court vide order dated 4.2.1998 while disposing of the writ petition held that the allegation is only with regard to one instance where t...
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Reported in : AIR2000Pat326
1. This is an application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 29-1-1997 passed in Case No. 2/96/Tr. No. 857/97 by Shri A. K. Thakur, Judicial Magistrate, Ist Class, Danapur dismissing the claim of the petitioner filed under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act; 1986 (hereinafter called the 'Act') for her dower debt as per the claim for maintenance for herself and her child.2. The case of the petitioner is that she is a divorced wife of opposite party No. 1. She had filed the aforesaid petition for a direction to opposite party No. 1 to pay the amount of her dower debt and maintenance to herself and also for a direction to the State Bank of India, Hazaribag Branch (opposite party No. 2) to allow the petitioner to take out her ornaments from the locker No. 128 held jointly by the petitioner and opposite party No, 1. The petitioner was married to the opposite party ...
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M.Y. Eqbal, J. 1. Heard Mr. Anil Kumar Sinha, learned Sr. counsel for the petitioner and Mrs. Rity Kumar, learned JC to CA. 2. Mr. Sinha relying upon the decisions of the Apex Court in the case of Sawarmal Rajendra Prasad v. PCCL (Civil Appeal No. 27/2000) and Hindusthan Petroleum Corporation Ltd. v. Doly Das (1999) 4 SCC 450 and a Bench decision of this Court in the case of Ram Chandra Singh v. State of Bihar, (2000) 2 Pat LJR 173, made a forceful submission that a writ of mandamus must be issued directing the respondents to immediately and forthwith pay the amount of bill for the construction work done by the petitioner under three different agreements. 3. Before coming to the facts of the case, it would be useful to go through the decisions referred by the learned counsel hereinabove. In M/s. Sawarmal Rajendra Prasad's case (supra), the appellant was allotted a contract for transportation of coal. After carrying out the work of transportation the appellant submitted bill for an ...
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Prabhat Kumar Sinha, J.1. Quashing appliction bearing Cr. Misc. No. 2018 of 1998 has been filed by Dr. Ajay Kumar, the City Superintendent of Police, Patna at the relevant time, whereas quashing application bearing Cr. Misc. No. 8644 of 1996 has been filed by Shri Amrit Singh Nimbran. The Senior Superintendent of Police, Patna at the same time, under Section 482 of the Code of Criminal Procedure (The Code, in short) both praying therein to quash the order dated 17-9-1994 passed by Sri Birendra Singh, the then Judicial Magistrate, Ist Class, Patna in Complaint Case No. 933(C) of 1992 whereunder, after enquiry, the learned Magistrate had found that a prima facie case against the petitioners was made out under Sections 323 and 504 of the Indian Penal Code and there were sufficient grounds for proceeding against them, further directing the complainant to file requisites for issuance of summonses against them. Both the cases emanate from the same complaint case which was filed by Shri Giri...
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M.Y. Eqbal, J. 1. In this writ application the petitioners have prayed for issuance of appropriate writ in the nature of certiorari for quashing the impugned order dated 14-8-99 issued by the respondent No. 2, the Divisional Commissioner, South Chhotanagpur Division, Ranchi by which a direction has been issued to the authority concerned to ask the vehicle owners to deposit Rupees 5,000/- as a cost before issuing a fresh permit or for renewal of permit. The said order has been annexed as Annexure-3 tothe writ application. 2. The petitioners are the vehicle owners and transporters in the district of Jamshedpur. It is stated that they always deposited all the taxes, challans and other requisites through one Gopal Bose (Agent) and the petitioners used to give money to said Gopal Bose to deposit the challans in lieu of pay-in-slip for the issuance and/or renewal of permit with regard to their vehicles. It was detected that some bungling have been done by said Gopal Bose in depositing th...
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Anil Kumar Singh, J.1. This appeal has been directed against the order of conviction and sentence dated 19th October, 1993 passed by the Judicial Commissioner, Ranchi, in Sections Trial No. 52 of 1991 whereby whereunder the appellant, namely, Kalia Oraon has been convicted under Section 304, Part II of the Indian Final Code and has been sentenced to undergo rigorous imprisonment for a period of ten years.2. The material facts of the case are as follow:The parents of the informant used to live in Tuko Khunti Tola, whereas, the informant used to live with his brother Kishun Oraon at Amba Toli. On 15.4.1990 at about 10 a.m., the informant's father Joseph Oraon (the deceased) came to the house of the informant and told him that the appellant Kalia Oraon and his wife Charia Orain had assaulted his wife at village Dangrichippi. So, the informant along with his parents went to village Dangrichippi and sat near 'Akhra'. The informant asked his father to call Kalia Oraon and accordingly, his f...
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