Patna Court February 2001 Judgments
Kapildeo Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-20-2001
Aftab Alam, J.1. This petition, registered in this Court as MJC No. 540 of 2001, has been filed in a disposed of writ petition, being CWJC No. 12519 of 2000. The petitioner had filed the writ petition challenging the allocation of his services to the newly-created State of Jharkhand. The allocation of services to Jharkhand was primarily assailed on the ground that the petitioner is due to retire on February 28, 2001 and sending him to Jharkhand at this stage would cause undue, unwarranted and unnecessary hardships to him.2. Mr. Mahesh Prasad, learned G.P. Ill who is present now and who had appeared on behalf of the State in that writ petition had pointed out at the earlier occasion that though under the guidelines a person due to retire within two years was not to be sent to Jharkhand, the case of the petitioner might have been overlooked due to the fact that he did not give any option either to stay in Bihar or to go to Jharkhand and, therefore, the petitioner like every one else fai...
Tag this Judgment!Bina Kumari Vs. Bihar College Service Commission and ors.
Court: Patna
Decided on: Feb-20-2001
P.K. Deb, J.1. This Review Petition has been preferred by the above-named petitioner, Bina Kumari against the conjoint order passed by Hon'ble Mr. Justice S.J. Mukhopadhyaya in C.W.J.C Nos. 4799/1998 and 882/2000.2. The challenge in both the writ petitions were in respect of appointment to the post of Lecturer in Hindi in Akshaybat College, Mahua in the District of Vaishali. After the order was passed, this Civil Review Petition was submitted before Hon'ble Mr. Justice S.J. Mukhopadhyaya and it appears that after giving notice to the opposite parties, the matter was heard by His Lordship but then he was transferred to the Jharkhand High Court and no order was passed and as such, the same has again been put up before this Bench and again the matter was heard.3. As per the orders passed, the claim of the petitioner, Bina Kumari was rejected while that of Respondent No. 8, Laxmi Prasad has been upheld. The admitted position remains that there were two advertisements; one advertisement wa...
Tag this Judgment!Ajay Kumar Verma Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-19-2001
1. Heard the appellant in person, learned Counsel appearing for the Reserve Bank of India as well as State Bank of India and also learned Counsel appearing on behalf of the Union of India.2. Appellant filed a writ application in his capacity as a consumer/account holder of State Bank of India, Boring Road Branch, Patna. His initial prayer was for a direction for initiating disciplinary proceeding against two officials of Reserve Bank of India posted at Patna for their alleged failure to discharge their duties in redressing the grievance of the petitioner and also for a direction to the Reserve Bank of India to formulate consumer friendly policy in the matter of issuance of certificates regarding counterfeit currency notes. Subsequently, the appellant-writ petitioner also sought a relief for compensation for himself and his clear stand was/is that the writ application is not by way of public interest litigation.3. The factual background which led to filing of the writ application may b...
Tag this Judgment!Smt. Mehrunnisa Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-16-2001
1.This petition under Article 226 of the Constitution of India has been preferred by the above mentioned petitioner for quashing the detention order dated 22-3-2000 passed under Section 3(i), (ii) and (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter shall be stated as COFEPOSA) by the respondent No. 2 State of Bihar, through Deputy Secretary, Home (Special) Department as contained in Annexure-1 to this writ application and further for issuance of a writ in the nature of Habeas Corpus to release the detenu Md. Abulias Ahmad alias Chander Singh, husband of the petitioner from his illegal detention in Central Jail at Bhagalpur.2. The petitioner is the wife of the detenu Sk. Abulias Ahmad alias Chander Singh resident of Ram Krishna Pali Champashree More, P.O. Pradhan Nagar, Silliguri, District Darjeeling who has been confined in the Central Jail, Bhagalpur pursuant to the order of detention passed by respondent No. 2 dated 22-3-20...
Tag this Judgment!Nirmal Kumar and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-16-2001
Radha Mohan Prasad, J.1. In this writ petition, the petitioners have challenged the validity of Office Order No. 71 dated 11.4.1996 issued by the Secretary of the Bihar State Scheduled Caste Co-operative Development Corporation Limited (hereinafter referred to as 'the Corporation'), contained in Annexure 10, whereby and whereunder a direction has been issued to take necessary steps by issuing order terminating the employment of all daily wagers, including the petitioners, who were appointed after 1.8.1985.2. According to the case of the petitioners, the Corporation was established by the State of Bihar under the Welfare Department with an object to identify families of Scheduled Caste belonging to the weaker Section of the society and provide them funds, grants and loans to establish village or small industries related to leather, bamboo and cane tailoring, laundry and other small business establishment including purchase of rickshaws, auto-rickshaws and other motorised vehicles so th...
Tag this Judgment!Bishwanath Pathak Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-16-2001
Radha Mohan Prasad, J.1. In this writ petition, the prayer is to quash the order passed by the Chairman, Bihar Sanskrit Shiksha Board (hereinafter referred to as 'the Board'), contained in Office Order No. 7745 dated 9-11-1989 (Annexure 1) communicated to the petitioner by the Secretary of the Board constituting an ad hoc Managing Committee after dissolving the existing Managing Committee of Deo Naravan Mithila Sanskrit Uchcha Vidyalaya, Sabha Sasaula, Sitamarhi. By the said order, Chandradeo Mishra (respondent No. 8) and one Raj Kumar Jha were appointed as the Chairman and the Secretary of the ad hoc Managing Committee respectively along with three other persons to function as the members of the said ad hoc Managing Committee.2. In short, the relevant facts are that in village Sasaula Sabha of Sitamarhi district, a Sanskrit School known as Deo Narayan Mithila Sanskrit Uchcha Vidyalaya was established in the year 1940 to impart education up to Madhyama standard equivalent to Matricula...
Tag this Judgment!Prabhu Narayan Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-16-2001
S.N. Jha, J.1. The petitioner seeks quashing of the order of the District Magistrate-cum-Chairman, District Rural Development Agency (DRDA), Aurangabad contained in his memo No. 1036 dated 11.7.98 dismissing him from service in a departmental proceedings. The petitioner also seeks consequential reliefs as a result of quashing of the order of dismissal.2. The short facts of the case are that the petitioner was an employee under DRDA, Aurangabad as an Assistant. While working on the post of Assistant-cum-Accountant Incharge, he was placed under suspension by the District Magistrate-cum-Chairman, DRDA vide his letter No. 1921 dated 29.10.97 on certain charges with respect to which a departmental proceedings was also initiated against him. The inquiry was held by the District Development Officer, Aurangabad. The petitioner filed his show cause/written statement to the memo of charges and thereafter participated in the inquiry. On 13.4.98 the Inquiry Officer submitted his findings. On 19.5...
Tag this Judgment!V.K. Agrawal Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-15-2001
1. The petitioner, V.K. Agrawal, apparently has not received the full monetary benefits of the price money in facilitating intelligence reports on assessees with the Income-tax Department. It is his claim and contention that whatever had been discovered on the basis of the reports supplied by him and became the subject-matter of raids by the Income-tax Department, he is entitled to a percentage of the amounts so realised by the Department. This is the contention of the petitioner. 2. Plainly the issue before the court is whether a writ may issue on such a petition. 3. There is no issue before the court that the law has not provided whether under the Income-tax Act, 1961, or the rules framed thereunder that there is any statutory liability on behalf of the Department, that a percentage of the monetary value of the assets discovered will be delivered to the informer. The petitioner's position is no better than an informer to the Ministry of Finance and is analogous to an informer to po...
Tag this Judgment!V.K. Agrawal Vs. Union of India
Court: Patna
Decided on: Feb-15-2001
The petitioner V.K. Agrawal apparently has not received the full monetary benefits of the prize money in facilitating intelligence reports on assessees with the income-tax department. It is his claim and contention that whatever had been discovered on the basis of the reports supplied by him and became the subject-matter of raids by the income-tax department, he is entitled to a percentage of the amounts so realised by the department. This is the contention of the petitioner.2. Plainly the issue before the court is whether a writ may issue on such a petition.There is no issue before the court that the law has not provided whether under the Income Tax Act, 1961 or the rules framed thereunder that there is any statutory liability on behalf of the department, that a percentage of the monetary value of the assets discovered will be delivered to the informer. The petitioner's position is not better than an informer to the Ministry of Finance and is analogous to an informer to police agenci...
Tag this Judgment!Smt. Krishna Devi-devi Prasad Kejariwal Matri Sadan Vs. State of Bihar ...
Court: Patna
Decided on: Feb-14-2001
N. Pandey, J. 1. This writ petition has been filed for quashing the notification dated September 6, 1990 issued by the State of Bihar in exercise of its power conferred by Clause (a) of Sub-section-(i) of Section 3 of the Minimum Wages Act (hereinafter to be referred to as the Act) fixing the minimum rates of wages as specified in Clause (iii) of the Schedule annexed therewith against each category of employees employed in the 'private hospitals, nursing homes and clinics' in, the whole of the State of Bihar. A prayer has also been made for quashing the order of the Joint Labour Commissioner dated April 8, 1991 (Annexure 7) and yet another order dated May 3, 1991 (Annexure 8) whereby while rejecting the representation of the petitioner, a direction was issued for implementation of the notification with respect to the employees of the petitioner-hospital. 2. In short, the case of the petitioner is that Krishna Devi-Devi Prasad Kejariwal Matri Sadan, Muzaffarpur is a charitable institu...
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