Patna Court August 2000 Judgments
Steel Authority of India Ltd. Vs. Presiding Officer and anr.
Court: Patna
Decided on: Aug-21-2000
M.Y. Eqbal, J.1. This writ application has been filed by the petitioner-management namely, Steel Authority of India Ltd. challenging the award passed by the respondent No. 1 Presiding Officer, Industrial Tribunal, Ranchi dated July 18, 1992 in Misc. Case No. 2/89, whereby and whereunder, he has allowed the application filed by the respondent No. 2, the workman purported to be under Section 33A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') and further for a direction restraining the respondents from giving effect to or acting in pursuance to the said award. 2. The fact of the case lies in a narrow compass. 3. The workman concerned raised an industrial dispute which was registered as Reference Case No. 4/88 and the terms of reference was 'whether the demand of increase in Labour Welfare Inspector and Senior Labour Welfare Inspectors engaged in Bokaro Steel Plant is justified? If so, what should be their pay-scale and from when it should be enforced?' While...
Tag this Judgment!Mohan Manjhi and anr. Vs. State of Bihar
Court: Patna
Decided on: Aug-21-2000
Indu Prabha Singh, J.1. Both above named appellants have been convicted under Sections 457/460/302 of the Indian Penal Code and have been sentenced to undergo R.I. for three years under Section 460 of the Indian Penal Code and no separate sentence under Section 457 of the Indian Penal Code was passed. They have been further convicted under Section 302 of the Indian Penal Code and have been sentenced to undergo R.I. for three years. However, both sentences have been ordered to run concurrently.2. The prosecution case in short is that the informant, Indu Mahto (not examined) along with others forest guard namely Jiblal Gops and Ali Hussain Mian was sleeping in the quarter. In the night at about 1.30 A.M. he woke up on hearing sound of 'Khat Khat'. It has been alleged that the electric bulb was lighted in the room and in that light he saw the accused persons namely Mohan Manjhi and Lala Turi holding Tangi in their hands. The accused persons started assaulting him all on sudden by means o...
Tag this Judgment!Rabindra Kumar Sinha Vs. the Council of Scientific and Industrial Rese ...
Court: Patna
Decided on: Aug-18-2000
Ravi S. Dhavan, C.J.1. This writ petition has its genesis in certain incidents that took place in the months of January and February 1984. At that time the petitioner, now retired from service, was working as Senior Scientific Assistant in the Central Mining Research Institute, Dhanbad. He then also happened to be the General Secretary of C.M.R.S.E.A, an Association of the employees of the Research Institute. He seems to have assumed that his position in the Association made him free of the obligations of service discipline. He plainly disregarded and crossed the well-defined line de-limiting legitimate trade union activities and forms of protest recognized as legally valid from intimidator agitation subversive of discipline and acts of gross insubordination.2. The petitioner's acts of misconduct during the period in question are duly catalogued in the charge-sheet that was given to him. The charge-sheet, a copy of which is at Annexure '1' was given to the petitioner on April 21, 1984...
Tag this Judgment!Shakuntala Devi and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-18-2000
Radha Mohan Prasad, J.1. In both writ petitions, grievance of the petitioners is with respect to non-payment of Contributory Provident Fund, hereinafter called as CPF, and also with respect to non-grant of pension and gratuity benefits to them.2. In the first case, petitioner No. 1 joined the service on 10.2.1960 and retired from the post of Mukhaya Sevika, Family and Child Welfare Project under the Bihar State Social Welfare Advisory Board, hereinafter called as 'State Board1, on 31.6.1998 and petitioner No. 2 was appointed as Accountant in Welfare Extension Project and is presently working in the said capacity at Jehanabad and is to retire from service on 31.5.2002. In the second case, the sole petitioner joined the service and later on promotion to the post of Accountant finally retired on 30th November, 1991 from the Family and Child Welfare Project, Udwantnagar, Bhojpur under the State Board. As the petitioners have been kept denied of the aforementioned benefits they have filed ...
Tag this Judgment!Samarendra Nath Das Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Aug-17-2000
Radha Mohan Prasad, J.1. In this writ petition, prayer on behalf of the petitioner is for issuance of a writ of mandamus or any other suitable writ, or order or direction commanding the respondent-authorities to appoint him as Assistant in the respondent-Life Insurance Corporation, hereinafter called as 'Corporation' with effect from the date the person next to him in the combined merit list has been appointed.2. The claim of the petitioner for consideration and appointment is against the reserved category of Scheduled Castes as he is 'Namasudra' by caste and stood second in the list of Scheduled Castes. Sixteen posts of Assistant were reserved for the members of the Scheduled Castes.3. The facts are not much in dispute. Caste 'Namasudra' as recognised as Scheduled Caste in West Bengal, but in Bihar, it is recognised as O.B.C.4. In short, the relevant facts are that the Eastern Zonal Office, Calcutta of respondent-Corporation published an advertisement (Annexure-2) on all-India basis ...
Tag this Judgment!Ram Krishna Prasad Mahto Vs. State Through C.B.i.
Court: Patna
Decided on: Aug-17-2000
Indu Prabha Singh, J.1. The sole appellant Ram Krishna Prasad Mahto has been convicted under Section 216 of the Indian Penal Code and Section 5(i)(d) read with Section 5(2) of the Prevention of Corruption Act, and has been sentenced to undergo rigorous imprisonment for a period of one year each on both the Counts with a direction that the sentences will run concurrently.2. The prosecution case in short is that in the year 1983, the complainant Ram Pravesh Singh, M.E. Operation, C.E.Z. (Construction Equipment Zone), Bokaro Steel Plant/SAIL Bokaro Steel City (P.W. 12) has submitted his L.T.C. Bill in his office. He is alleged to have enquired about the progress of his bill from the appellant Ram Krishna Prasad Mahto, who was posted as Assistant Grade III in C.E.Z. (Personnel Department), Bokaro Steel Plant. The appellant told him that without spending something, he would not get his money of L.T.C. On 2.5.1984, the complainant (P.W. 12) met the appellant and enquired from him about his ...
Tag this Judgment!Vinod Shankar Singh Vs. Central Bank of India and ors.
Court: Patna
Decided on: Aug-17-2000
Radha Mohan Prasad, J. 1. In this writ petition, petitioner has prayed for quashing of the order dated June 24, 1995 (Annexure-13) passed by the appellate authority, whereby he has been inflicted punishment of stoppage of seven increments with cumulative effect and also for quashing the order of the reviewing authority (Annexure-16) rejecting his review appeal besides the earlier order of the disciplinary authority dated October 21, 1994 contained in Annexure-10 awarding punishment of 'Discharge from service witn immediate effect. 2. It appears that the petitioner had moved earlier also with same grievance in CWJC No. 8390 of 1995 which after some arguments on the prayer of learned counsel for the petitioner was permitted to be withdrawn vide order dated January 6, 1997 (Annexurc-15) on the submission made by him that it is a matter which should be taken before the authority for review of the punishment imposed upon the petitioner, as according to him punishment was too harsh keeping...
Tag this Judgment!Jugeshwar Safi Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-16-2000
R.N. Prasad, J.1. A land ceiling proceeding bearing No. 18/73-74 was initiated against Dharmnarain Sah @ Narain Sah, respondent No. 6. In the said proceeding the land of the land-holder including the land, in question was declared surplus. The land-holder challenged the order in different forum including in C.W.J.C. No. 11295/98 before this Court, However, during the pendency of the proceeding the land declared surplus was acquired under Section 15 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, hereinafter referred to as the 'Ceiling Act'. After acquisition of the surplus land the land was distributed amongst the needy persons including the petitioner. The petitioner was granted Parwana in the year 1991 and since then the petitioner claims to be in possession over the land, in question. However, the Writ petition, as stated above, was disposed of on 6.1.99 (Annexure 2) wherefrom it appears that the land-holder was allowed to retain 93 a...
Tag this Judgment!Anand Kumar Modi Vs. Central Coalfields Limited and ors.
Court: Patna
Decided on: Aug-16-2000
N. Pandey and A.K. Prasad, JJ.1. This Writ petition has been filed for a direction to the respondent Nos. 1 to 6 to refund a sum of Rs. 1,42,960/- with interest from the date of realisation of the amount till the data of refund.2. It is stated that this Court by a judgment in the case of Chandrama Coal Products and Ors. v. State of Bihar and Ors. 1993 (3) PLJR 706 and analogous cases has already declared the Notification bearing S.O. No. 3 dated 3.1.1998 as illegal and arbitrary. By the above Notification, rate of Sales tax was fixed at the rate of 8% on the sale and purchase of 'Slurry' and 'Sludge'. It was held that on such commodity, sales tax cannot be realised in excess of 4%. The claim is since admittedly the petitioner had deposited excess amount in terms of the aforesaid Notification, therefore, now entitled for refund.3. From the materials on record as well as the counter-affidavits filed on behalf of the Central Coalfields Limited-respondent Nos. 1 to 5 and the respondent No...
Tag this Judgment!Ashok Kumar Singh and ors. Vs. Mohan Singh and ors.
Court: Patna
Decided on: Aug-16-2000
P.K. Deb, J. 1. All these appeals have been heard analogously as they arise out of the common judgment and award passed by the 2nd Additional District Judge-cum-Motor Accidents Claims Tribunal, Muzaffarpur in Claim Case Nos. 92, 93 and 94 of 1993.2. All the above mentioned three claim cases have arisen out of the same accident which had taken place on 24.6.1993 on National Highway No. 28 near Panapur Chowk, District Muzaffarpur due to alleged dashing of bus bearing registration No. BR-06A-6751 with Maruti van bearing registration No. BPQ 6131 in which the applicants Amit Kumar Singh (Claim Case No. 92 of 1993), Ashok Kumar Singh, Abha Singh, Akamsha Singh, Anubha Singh and Ramesh Kumar Thakur (Claim Case No. 93 of 1993) sustained injuries and deceased Shakuntala Singh sustained grievous injuries and succumbed to injuries. The injured persons are the claimants in the two claim cases as mentioned above and the heirs of Shakuntala Singh had preferred the other claim case.3. The case of...
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