Patna Court October 2002 Judgments
Daya Nand Sharma Vs. State of Bihar
Court: Patna
Decided on: Oct-31-2002
S.N. Pathak, J.1. This appeal is directed against the judgment dated 10.10.2001, passed by the 1st Additional Sessions Judge, Araria, in Sessions trial No. 589 of 1993 (Trial No. 701 of 1995). The sole appellant was convicted under Section 395 of the Indian Penal Code and was contended to undergo R.I. for six years.2. On 28.12.1993 at 9.55 a.m. the informant Jhouli Khavey gave his fardbeyan to the police at the police station Bhargama (district Araria) alleging therein that on 27.12.1991 at 12 a.m. he had his family members were having their siesta after taking their meal 14-15 dacotis came to him when he was at his Gohal. The dacotis were armed with lathi. One of the dacotis assaulted him with lathi on his leg and twisted his left hand. One criminal namely Kishan Sharma assisted by another criminal demanded of the informant as to where he had kept his cash and other articles of the house. In the mean time, other criminals entered into his house and his second son Khuso and his son-in...
Tag this Judgment!Arun Kumar and anr. Vs. State of Bihar
Court: Patna
Decided on: Oct-31-2002
S.N. Pathak, J.1. This revision is directed against the judgment dated 28.8.1995, passed by the S.D.J.M. Gaya in G.O. Case No. 20 of 1994 Tr. No. 637 of 1995.2. The revisionist was sentenced and convicted under Sections 16(I)(a)(i) of the Food Adulteration Act, 1954, and he was sentenced to undergo R.I. for six months and he was also sentenced to pay fine of Rs. 1000/- and in default to undergo S.I. for two months.3. It has been submitted by the revisionists lawyer that as alleged, P.W. 4 had gone to the shop of the revisionist and he took sample of Maida from his vendor, kept it in three bags and sent the same to public analyst who found it to be adulterated. However, the Food Inspector failed to take evidence of any independent witness at the time of taking the sample from the shop of the revisionist, Arun Kumar, nor any such witness was examined in support of the prosecution case. PW-1 was Head Assistant of the Civil Surgeon Office, Gaya. P.W. 2 is peon in the Civil Surgeon Office ...
Tag this Judgment!Jhakar Manjhi Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Oct-31-2002
Chandramauli Kumar Prasad, J.1. This application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 1.7.2002 (Annexure-7) whereby the petitioner has been informed that he shall retire from service on 30th November, 2002 on attaining the age of superannuation of 60 years.2. Short facts giving rise to the present application are that the petitioner was appointed as unskilled Khalasi on 21.12.1968. According to the petitioner his date of birth is 22.12.1948 and the same was recorded in the service book. However, later on the respondent-Bihar State Electricity Board finding interpolation in the date of birth of the petitioner asked him to appeal before the Media! Board on 1.12.2000 and the Medical Board assessed his age to be between 57 to 59 years on the said day. The respondent-Board, on consideration of the report of the Medical Board, decided that his age on 1.12.2000 would be 58 years i.e. average of the age assessed by the Board and accord...
Tag this Judgment!Sri Rajendra Singh and ors. Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Oct-30-2002
Chandramauli Kr. Prasad, J. 1. This application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 10-6-1999 (Annexures-6 & 6/A) whereby the services of the petitioners have been terminated with effect from 11th of June, 1999.2. Short facts giving rise to the present application are that by order dated 30th of June, 1999 (Annexures-4 & 4/A), petitioners were appointed as Diploma Trainee (Mining) hereinafter referred to as 'Trainee' on a consolidated stipend of Rs. 1750 per month in the first year and Rs. 2000 per month for the second year for a period of two years w.e.f. fore-noon of 11th of June. 1997. It is the stand of the petitioners that their appointment as Trainee was made after following the procedure prescribed for appointment in the Personnel Policy of the respondents Pyrites Phosphates and Chemicals Ltd. (hereinafter referred to the 'Company').3. The terms and conditions for appointment as Trainee find incorporated in the memo dat...
Tag this Judgment!Chandreshwar Prasad Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-30-2002
Chandramauli Kr. Prasad, J. 1. The writ application as also the contempt application were heard together and are being disposed of by this common order.2. This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to regularise the service of the petitioner as Headmaster of Government School for Deaf and Dumb at Darbhanga.3. Short facts giving rise to the present application are that by order dated 31-12-1996, petitioner the incharge Headmaster of Government Deaf and Dumb School, Ranchi, was transferred to the Government Deaf and Dumb School, Darbhanga and in the light of the said order, by order dated 21-3-1997 (Annexure-6), he was relieved from the previous post to enable him to join at the transferred place. Petitioner, in pursuance of the said order, joined as incharge Headmaster of the Deaf and Dumb School at Darbhanga. It is the grievance of the petitioner that although he is working as incharge Headmaster of the school since long...
Tag this Judgment!Md. Zakir HussaIn Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-30-2002
Aftab Alam, J.1. This writ petition is filed against the judgment and order, dated June 14, 2002 passed by Munsif I, Vaishali at Hajipur in Election Case No. 61 of 2001. By the impugned judgment, the learned Munsif allowed the election petition filed by respondent No. 5 under Section 140 of the Bihar Panchayat Raj Act, 1993, set aside the election of the petitioner as the Mukhiya of Rajasan Gram Panchayat, declared respondent No. 5 as the winning candidate in the election of Mukhiya and directed the respondent authorities to take the consequential measures in accordance with law.2. Election for the post of Mukhiya of Rajasan Gram Panchayat under Biddupur block in the district of Vaishali was held in April-May, 2000. There were twelve candidates in contest, including the petitioner and respondent No. 5. The polling was held on 11.4.2000 on 15 polling booths. The counting of votes commenced from 13.5.2000 and the result was announced on 18.5.2000 according to which the petitioner had go...
Tag this Judgment!Chiranjeev Jha Vs. Sri Kumar Gauri Shankar Sinha and ors.
Court: Patna
Decided on: Oct-30-2002
Chandramauli Kr. Prasad, J. 1. This application has been filed for initiating a proceeding for contempt of Court against the opposite parties alleging non-compliance of the Court's order dated 26-7-1999 passed in M.J.C. No. 2483 of 1997. 2. While disposing of the said contempt application, this Court observed as follows: 'In view of the aforesaid development, unqualified apology tendered by the opposite party and step that has been taken, I find no reason to proceed in the matter further. It is expected that the Chairman, Bihar Sanskrit Shiksha Board will act on the basis of Government decision aforesaid dated 22nd July, 1999 so that the teachers of the school may derive benefit in accordance with law. If the Board and its authority do not act in accordance with letter dated 22nd July, 1999 immediately, in that case, the petitioner may ventilate his grievance before appropriate forum/Court of law.' Complaining non-compliance of the aforesaid order, the present application has been fil...
Tag this Judgment!Kamal Kishore Sinha Vs. Bihar State Scheduled Castes Development Corpo ...
Court: Patna
Decided on: Oct-30-2002
Aftab Alam, J.1. This writ petition is directed against the office order bearing No. 143, dated 15.9.2001 (Annexure-1) issued by the Administrator, Bihar State Scheduled Castes Development Corporation, By the impugned order the petitioner who was working as Executive Engineer in the Corporation was discharged from service with effect from the date of the order with a further direction that for the period of suspension he would not be entitled to anything beyond subsistence allowance. The petitioner was removed from service on the basis of a detailed enquiry on the charges that his engagement and promotion (s) in service were made illegally. There were four charges against the petitioner. The first charge was that he was engaged to work in the Engineering Cell of the Corporation as Engineer Assistant, on daily wages, by an order issued by the Executive Engineer Project (Construction Work) on 10.2.1981; the engagement was made illegally and in violation of the rules. The engagement was ...
Tag this Judgment!Pawan Kumar Jha Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Oct-30-2002
Chandramauli Kr. Prasad, J.1. Petitioner filed C.W.J.C. No. 7825 of 1992 Pawan Kumar Jha v. The Union of India and Ors. Inter alia, praying for issuance of a writ in the nature of mandamus commanding Bharat Petroleum Corporation Ltd. to appoint/absorb him to the post of genera! workman/general operating staff in any of the depots of the Corporation. Said writ application came up for consideration before this Court and by order dated 26.7.1995, was disposed of in the following words:Having heard the parties, I hold that no writ can be issued at this stage for regular appointment of the petitioner to the post of general work-man there being no such post lying vacant under the respondent Corporation. However, I observe that whenever a regular post of general work-man or equivalent post will fall vacant at Katihar, respondents will consider the case of the petitioner for such appointment in terms with Section 25H of the Industrial Disputes Act 1947. I further make it clear that if the res...
Tag this Judgment!Sita Devi and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-30-2002
Aftab Alam, J.1. This writ petition arises from the petitioners' claim to receive the rent for the land and the building occupied by the Homeguards as tenant and it is filed against the order issued by the District Magistrate, Khagaria under his memo No. 2857/Confidential, dated 25.10.2000 (Annexure-8). By the impugned order, the District Magistrate directed the District Commandant of Homeguards, Khagaria not to pay the monthly rent of the tenanted premises to the petitioners but to continue payment of the rent to Respondent No. 5, as it was previously being paid to him.2. The rent of the tenanted premises was being paid to Respondent No. 5 since 1982. And the fair rent of the premises had also been determined by the Sub-divisional Officer, Khagaria in a proceeding instituted by Respondent No. 5.3. Later, the petitioners got two sale-deeds executed in their favour on 16.5.1994 in respect of the tenanted premises from some persons who, according to the petitioners, were the lawful owne...
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