Patna Court December 2001 Judgments
Purushottam Singh Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Dec-21-2001
R.N. Prasad, J.1. The writ petition has been filed for quashing the order dated 31-12-1997 whereby the disciplinary authority awarded major punishment of stoppage of two increments with cumulative effect, censure and withholding the salary during the period of suspension except subsistence allowance already paid, Annexure-2 and also the appellate order dated 7-8-1999 whereby major punishment i.e. stoppage of two increments with cumulative effect was withdrawn and the punishment of censure and withholding of salary during the period of suspension except subsistence allowance paid, Annexure-1 was confirmed.2. The petitioner was posted as-Electrical Executive Engineer, M.R.T. Division, Jamshedpur in the year 1987. On 30-4-1987, the meter of M/s. Usha Alloy Ltd; Adityapur was changed in presence of the officers of M.R.T. including the petitioner and the supply wings. The old defective meter was not devaluted to M.R.T. Jamshedpur. On 7-2-1991, a charge-sheet was furnished to the petitione...
Tag this Judgment!Bihar Rajya Arajpatrit Karamchari Mahasangh Vs. State of Bihar and anr ...
Court: Patna
Decided on: Dec-21-2001
R.N. Prasad, J.1. The writ petition has been filed for quashing the order contained in letter No. 331 dated 26-5-2000, Annexure-8, whereby the services of the members of the petitioner have been terminated and for issuance of a direction to the respondents to regularise their services.2. The petitioner is union of non-gazetted employees. The claim of the petitioner is that members of the union were engaged on daily wages by the respondent-Municipality in the year 1973. They were working on daily wages continuously. The Special Officer of the Municipality had been writing letters to respondent No. 2 from time to time stating therein that population within the jurisdiction of Municipality has increased, consequently the work has also increased and as such requested for sanction of more posts for smooth functioning of the Municipality. The Government issued letter that engagement on daily wages after 1-8-1985 is illegal and it should not be allowed to continue. The Special Officer, ther...
Tag this Judgment!Nitya Lal @ Nityanand Karan and anr. Vs. Smt. Patia Kewani and anr.
Court: Patna
Decided on: Dec-20-2001
S.N. Pathak, J.1. This second appeal is directed against the judgment dated 24-9-1987 and decree dated 7-11-1987 passed by 3rd. Sub-judge. Aurangabad, in Title Appeal No. 24/83 reversing the judgment of the trial Court dated 7-2-1983 passed in title suit No. 119/80/36/82. The defendants of the suit are the appellants here and they were respondents in the 1st appellate Court as well where they lost.2. The case of the plaintiff-respondents in the trial Court was that plot No. 921 under khata No. 3 was under the proprietorship of Sundarganj and Kunda estate. It was the Bakasta land of the ex-landlords. The aforesaid plot has a total area of 61 decimals. Sundarganj estate granted Hukumnama No. 115 dated 15-1-1941 on accepting Nazrana of Rs. 75/-. The landlord of Kunda estate also granted Hukumnama No. 215 dated 16-2-1938 on payment of Rs. 65/-. These Hukumnamas were executed in favour of Shyam Sundar Prasad, who came in possession and remained so till he sold the suit plot No. 921 includ...
Tag this Judgment!Babuchand Paswan and anr. Vs. Kamalesh Kumar Singh and ors.
Court: Patna
Decided on: Dec-20-2001
S.N. Pathak, J.1. This miscellaneous appeal is directed against the judgment dated 7.2.1997 passed by Motor Accidents Claims Tribunal, Gaya in M.V. Claim Case No. 96 of 1993.2. The facts relevant for this appeal are that one Mahipal Paswan was travelling in a bus bearing registration No. BPV 3285 on 11.5.1993 and he was going to Gaya. When the bus reached Bairia village, another bus bearing registration No. BHB 9231, came from the opposite side and dashed against the bus in which the deceased was travelling, smashing his head. He was subsequently brought to the hospital where he was declared dead.3. Upon the evidence adduced, the Tribunal came to the conclusion that the deceased Mahipal Paswan died on account of his own contributory negligence because he was projecting his head outside the window of the bus in which he was travelling and passengers are normally not expected to project their heads outside the windows in order to avoid any injury by oncoming vehicles from the opposite d...
Tag this Judgment!Md. Ismail and ors. Vs. State of Bihar
Court: Patna
Decided on: Dec-14-2001
Ashok Kumar Verma, J.1. The Appellants have filed this appeal against the judgment and order of conviction and sentence dated 16-9-1995 passed by the Additional Sessions Judge, I, Saharsa in Sessions Case No. 19 of 1987, whereby the learned Additional Sessions Judge has convicted the appellant Md. Ismail, Md. Ushman, Ali Hussain and Kari under Sections 302/34, I.P.C. and 323, I.P.C. and sentenced them to undergo R.I. for life under Section 302/34, I.P.C. and to undergo R.I. for six months under Section 323, I.P.C. Appellant Md. Ismail has also been convicted under Section 148, I.P.C. and sentenced to undergo R.I. for one year under the same. Appellants Md. Ushman, Ali Hussain and Kari have also been convicted under Section 147, I.P.C. but no separate sentence has been passed for the offence under Section 147, I.P.C The sentences are to run concurrently.2. In short, the case of the prosecution, according to the fardbeyan of the informant Raja Ram Ram is that on 20-5-1986 at about 5 p....
Tag this Judgment!Daroga Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-13-2001
1. Heard learned Counsel for the parties.2. This appeal is directed against the order dated 9th November, 2001 passed by the learned Single Judge allowing review application filed by the Respondents-State and recalling earlier order dated 28-7-1999 passed inC.W.J.C. No. 8069 of 1997 by which the order passed by the Accountant-General deducting excess salary paid to the appellant from his post retrial benefits had been quashed.3. The facts necessary for disposal of the present appeal are that the appellant was working as Borer in the Bihar Government and he was drawing salary in the pay scale of Rs. 825-1200. He, along with other employees, claimed scale of Rs. 975-1,540 which was not given by the State Government. The appellant and others filed C.W.J.C. No. 6631 of 1991 in this Court for a direction to the State Government to grant them pay scale of Rs. 975-1,540. The said writ application was dismissed on 14-11-1995 on the ground that higher scale was given to Tube-well Borers who ca...
Tag this Judgment!Suo Motu Action by the High Court Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-13-2001
1. This is a matter which deals with criminals in politics at the grassroot level. The State Government had been directed by the Court to place a list of Mukhiyas who may have been convicted of an offence, or for that matter, were inherently disqualified under law so as not to be the members of Panchayats, information being given to the Court is coming slowly. This aspect the Court will leave for later.2. Sooner or later the question will arise that if there be information, as a fact, that certain members of Panchayats have indeed been convicted, then, what is to be done. Plainly, this is a matter where a member of a Panchayat may be disqualified for being part of it. Does the Constitution of India give any guidance on such situations? It does. As amended, Part IX, the Chapter. The Panchayat, Article 243F does mention disqualification for membership. This Article also casts an obligation on the State Government that the law must provide for taking care of such situations. The next que...
Tag this Judgment!Awadesh Chandra Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Dec-12-2001
R.N. Prasad, J.1. The writ petition initially was filed for quashing the order contained in memo No. 730 dated 22-10-2001, Annexure-5, whereby direction was issued to the petitioner that he will not do any work with respect to taxation except collection of tax and he will hand over papers with respect to all other work to Raghunandan Prasad, Assistant Tax Daroga, as inquiry is being made against the petitioner with respect to illegality committed by him. Subsequently, amendment petition was filed challenging the order contained in memo No. 750 dated 7-11-2001, Annexure-9, whereby order has been passed for initiating departmental proceeding against the petitioner with respect to the charges mentioned therein the details and he was suspended.2. The petitioner was initially appointed as Tax Collector on 8-8-1968. Subsequently, he was made incharge Tax Daroga with effect from 14-5-1993. While he was functioning as incharge Tax Daroga order, Annexure-5, was issued directing him not to do ...
Tag this Judgment!Radhika Raman Prasad Sinha Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Dec-12-2001
R.N. Prasad, J.1. The petitioner has filed the writ petition for quashing departmental proceeding and also for payment of retrial dues with interest.2. The petitioner entered in the service of Bihar State Electricity Board as Asst. Electrical Engineer in April, 1960. He was promoted time to time. In the year 1989, he was promoted to the post of General Manager-cum-Chief Engineer. He served the Board as General Manage-cum-Chief Engineer in Kosi Area Electricity Board, Saharsa, Mithila Area Electricity Board, Darbhsnga and Dhanbad Area Electricity Board, Dhanbad and thereafter he was posted as Chief Engineer, Patna Electric Supply Undertaking, Patna from where he retired from the service on 30-6-1996. After retirement 90% pension was sanctioned on 12-6-1997. However, on 24-2-1998 a departmental proceeding was initiated against the petitioner, Charge-sheet dated 24-2-1998, Annexure-1, was furnished to the petitioner with respect to omission and Commission of mis-conduct for the period A...
Tag this Judgment!Kalawati Devi Vs. State of Bihar
Court: Patna
Decided on: Dec-11-2001
I.P. Singh, J.1. The sole appellant has been convicted under Section 20(b)(ii) of Narcotic Drugs and Psychotropic Substances Act and were sentenced to undergo R.I. for ten years and pay fine of Rs. 1 lakh under Section 21 of the N.D.P.S. Act in default of payment of fine to further undergo R.l. for five years.2. The prosecution case in short is that on 15-10-1995, the informant of this case got confidential information about charas and he started checking of the vehicles and during checking the informant searched Kalawati Devi and he found the appellant was having 1 kg. 500 grm. of charas in a plastic bag on a Tumtum. The informant arrested the appellant and he prepared relevant papers and reported the matter to the Sessions Judge, Motihari. The appellant was remanded to judicial custody on 16.10.1995. The learned Sessions Judge, Motihari took cognizance and subsequently, the trial of the case was concluded and the appellant was convicted as stated above. The appellant pleaded not gu...
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