Patna Court October 2002 Judgments
Subodh Kumar Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Oct-08-2002
Sachchidanand Jha, J.1. This writ petition has been filed for quashing the order of the Director General of Police, Central Reserve Police Force (CRPF) dated 30.7.1999 upholding the order of the Commandant, 133 Battalion, Patna dated 21.5.1999 dismissing the petitioner from service 1949 for having contracted another marriage in the lifetime of his wife.2. The services of the petitioner were earlier terminated on the abovesaid ground of plural marriage on 3.7.1995. The order was set aside by this Court in CWJC No. 9844/96 on 12.5.1998. Liberty, however, was given to the respondents to initiate a regular departmental proceeding against him, with further liberty to pass an interim order of suspension during the pendency of the departmental proceeding. Pursuant to the said order the petitioner's joining was accepted on 2.7.1998 and departmental proceeding was initiated against him. As per the charge memo he had committed misconduct by marrying one Santoshi Kumari during the lifetime of hi...
Tag this Judgment!Kumud Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-07-2002
S.K. Katriar, J. 1. Heard learned Counsel for the parties. This writ petition has been preferred with the prayer to direct the respondent authorities to grant the post-retirement benefits and family pension admissible to the petitioner's late husband and his heirs. 2. According to the writ petition, the petitioner is the widow of late Bhola Singh who was a Class IV employee of the Bihar Government and died in harness. He had joined the Public Health and Engineering Department, Government of Bihar, on muster roll in 1981. By office order No. 127, dated 16-3-1988 (Annexure 8), he was appointed on the work charge establishment of the said department, the relevant portion of which is set out hereinbelow for the facility of quick reference:--^^----------------- iz'kk[k vUrxZr fjDr in dsfo# iEi [kyklh@ pkSfdnkj ds in ij +dk;ZHkkjfr LFkkiu esa osrueku350&5&400&5&524 esa 350@izfr ekgdh nj ls vkSicaf/kd :i esa fu;qDr dj lek;ksftr dh xbZ gSA blds vfrfjDr ljdkj }kjkle;≤ i...
Tag this Judgment!Nawal Kishore Yadav Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-04-2002
Aftab Alam, J. 1. The petitioner was nominated as Chairman of the Managing Committee of the Nalanda Central Co-operative Bank Limited, Nalanda by a notification issued by the State Government on 15-12-2001 (Annexure-1). In terms of that notification the petitioner was to hold office for a period of three years. In the meanwhile, Bihar Co-operative Societies (Amendment) Act, 2002 (Bihar Act 10 of 2002) came into force making a number of amendments in the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as the 'Parent Act'). By Section 8(3) of the Amendment Act, Section 14(5) of the Parent Act was amended and was substituted by the following provisions:--'Notwithstanding anything contained in any provision of this Act, Rules made there under and bye laws of the Society the existing members and office bearers nominated by the Government shall cease to be a member of the managing committee within ninety days of the publication of this Amendment Act in the official gazette, ...
Tag this Judgment!Sahdeo Yadav Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-04-2002
S.K. Katriar, J.1. Heard learned Counsel for the parties. This writ petition is directed against the order dated 26.7.2001 (Annexure-1), passed by the Superintendent of Police, Munger, whereby recovery is sought to be made from the post-retirement benefits of the petitioner on account of money benefits illegally/wrongly granted to him while in service.2. According to the writ petition, the petitioner superannuated from the services of the Bihar Government while functioning as Sub-Inspector of Police in the district of Munger. The petitioner has since been granted provisional pension who waits finalization of his pension papers. Before the same could be done, he has been visited with the impugned order wherein it is stated that the petitioner never passed the Hindi Noting and Drafting examination notwithstanding which he was granted the increments admissible to an employee who has successfully passed the Hindi Noting and Drafting examination. The same could be detected at a late stage ...
Tag this Judgment!Ugra Chandra Mishra Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Oct-04-2002
S.K. Katriar, J. 1. Heard learned counsel for the parties. This writ petition has been preferred by a superannuated employee of the Nalanda Khadi Gramodyog Sangh for a declaration and appropriate directions to the respondent authorities that the petitioner is entitled to payment of pension under the Employees' Pension Scheme, 1995 (hereinafter referred to as, 1995 Scheme), framed under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act'). 2. According to the writ petition, the petitioner was born on January 1, 1932, joined the services of respondent No. 3 in 1973, and superannuated w.e.f. February 7, 1997 on reaching the age of superannuation i. e. 65 years of age. It is further stated in the writ petition that the petitioner submitted his application dated January 24, 1999 (Annexure 3) in the prescribed proforma under the 1995 Scheme for release of the benefits thereunder. The petitioner complains before this Court that the sa...
Tag this Judgment!Chowbey Tambaku Factory Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-03-2002
Ravi S. Dhavan, C.J. 1. M/s Chowbey Tambaku Factory calls itself a partnership firm and carries on business in Mohalla Mandroja, District Bhagalpur. The petitioner firm sells chewing tobacco. The petitioner acknowledges in paragraph 3, that chewing tobacco is popularly know as 'khaini'. This matter relates to the levy of market fee under the Bihar Agricultural Produce Markets Act, 1960. 2. The petition has been filed with a very clear intention that petitioner seeks a direction restraining the respondents, the State of Bihar, the Bihar State Agricultural Marketing Board, the Agricultural Produce Market committee, Bhagalpur and the Secretary, Agricultural Produce Market Committee, Bhagalpur, from enforcing the provision of the Bihar Agricultural Produce Markets Act, 1960 (here-in-after referred to as the Act). 3. The petition makes a long recital in trying to place legal submissions, to the. effect, that State of Bihar does not have any legislative power to levy market fee on tobacco....
Tag this Judgment!New India Assurance Co. Ltd. Vs. Sahibun Khatoon and ors.
Court: Patna
Decided on: Oct-03-2002
Radha Mohan Prasad, J.1. This appeal is directed against the judgment and award passed in Claim Case No. 136 of 1997 by the 4th Additional Motor Accidents Claims Tribunal, Muzaffarpur. 2. Learned counsel for the appellant assailed the validity of the judgment on the sole ground that on the date of accident, i.e., 18.6.1997 there was no valid policy to indemnify the liability of the owner. 3. It is submitted that it is a case of commission of fraud by the owner as the premium deposited by him in cheque had bounced and the policy had been cancelled. Learned counsel submitted that, in fact, the owner was fully aware of bouncing of the cheque as he got another policy for the vehicle by paying premium in cash on the date of the accident. It has further been submitted that the owner though filed written statement, but did not choose to contest by appearing in the case and deposing before the court in support of his case in the written statement.4. I do not find any substance in the said su...
Tag this Judgment!Domar Sahni Vs. State of Bihar and ors.
Court: Patna
Decided on: Oct-03-2002
S.N. Jha, J.1. The petitioner has been detained in preventive custody under Section 12(2) of the Bihar Control of Crimes Act, 1981 by the District Magistrate, Darbhanga vide him Memo No. 4564 dated 21.10.2001. The detention has been approved and later confirmed for a period of one year upto 20.10.2001 under Sections 21(3) and 21(1) read with 22 of the Act by the State Government vide Memo No. 10573 dated 31.10.2001 and Memo No. 11973 dated 13.12.2001 respectively. The petitioner seeks quashing of the said orders, copies whereof have been enclosed as Annexure 2, 4 and 1 respectively to the writ petition.2. The short factors of the case so far as relevant for disposal of the case are that after service of order of detention on 23.10.2001 the ground of detention was served on the petitioner. The petitioner filed representation against his detention on 9.11.2001 which was rejected on 10.12.2001. Rejection was communicated on 13.12.2001.3. The solitary point urged on behalf of the petition...
Tag this Judgment!Bihar Pensioners Samaj Vs. the State of Bihar and ors.
Court: Patna
Decided on: Oct-01-2002
Ravi S. Dhavan, C.J. 1. This is a petition on behalf of Bihar Pensioners Samaj filed through its Secretary Sri Dharam Deo Prasad, Pension Bhawan, Patliputra Colony, Patna. This writ petition raises very important issues of (a) equals being treated unequally and (b) an attempt by the Government of Bihar to nullify a judgment of the High Court, affirmed by the Supreme Court, by legislation so as to avoid its compliance and deprive a class of retired Government staff of the benefits of increased and arrears of pension from a certain date. The facts are short.2. The 4th Pay Commission, was recommending increase of emoluments and allowances, and consequential pension as may have accrued to those who are on the pay roll of the State Government and to such of those to whom the 4th Pay Commission recommendations would apply. The recommendation of the Pay Commissions from time to time take into account the inflation so as to vary and increase the pay structure.3. The constitution of the 4th Pa...
Tag this Judgment!Binod Singh and anr. Vs. State of Bihar
Court: Patna
Decided on: Oct-01-2002
B.N.P. Singh, J.1. At the very outset, when hearing of these cases commenced, learned Counsels for petitioners drew my attention to some observations made by the appellate Court from which it would appear that in Cr. Appeal No. 44 of 1986 neither the appellant nor Counsel for him had appeared at the time of hearing, and the appeal was disposed of on perusal of record by the appellate Court, and to my notice, two decisions of the Apex Court have been brought by the learned Counsel for the petitioners which are reported in : 1971CriLJ1177 Shyamdeo Pandey v. State of Bihar and the Ors. in 1987 Cr.L.J. 1856 Ram Naresh Yadav and Ors. v. State of Bihar, Admittedly, both the decisions of the Apex Court are of co-equal Bench and this is no longer res intergra as to whether essence of time should be the guiding factor and which of the judgments of co-equal bench should prevail and be considered good law, and one may profitably refer to a Full Bench decision of this Court reported in : AIR1987P...
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