Patna Court March 2003 Judgments
Suresh Prasad Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-11-2003
Chandramauli Kr. Prasad, J. 1. In this writ application, originally the prayer of the petitioner was to quash the memo dated 25-8-2001 (Annexure 7) whereby memo of charge was served in a departmental proceeding. However, during the pendency of the writ application, by order date 31-8-2001 (Annexure 13), petitioner has been visited with the penalty of dismissal from service and by way of amendment, his prayer is to quash the said order also. 2. Short facts giving rise to the present application are that by memo dated 17-7-2001, petitioner was informed that the Committee appointed to find out the irregularities in Store Section, has found that from the year 1990 to 1993-94, many registers are not available and in the opinion of the committee, same have been removed by the petitioner under a conspiracy to conceal the pecuniary gain. In the aforesaid premises, the petitioner was asked to show cause as to why a disciplinary proceeding be not initiated against him. By another memo of the sa...
Tag this Judgment!Administrator and anr. Vs. Ramadhar Sharma and ors.
Court: Patna
Decided on: Mar-11-2003
Ravi S. Dhavan, CJ. 1. Bihar State Co-operative Union Limited (BISCOMAUN) is a registered society under the Bihar Co- operative Societies Act, 1935. It is one of the largest society of its kind in east India, the Court is given to understand by State Counsel and the Secretary, Co-operative Societies, State of Bihar. It was established with assets of approximately 300 crores of rupees. No sooner it was established it was virtually grinding itself to a halt in its activities. The massive buildings which are its headquarters in Patna stand there as concrete structures but with no activity. It has employees on its rolls exceeding 2000. The society does not have the money to pay salary to its employees nor their post retirement benefits. BISCOMAUN is enveloped it litigation which the Court is given to understand is about 500 in number pending in different Courts. Of these, on a list given to the Court the number of cases pending at the High Court is mentioned in the appendix to the order ...
Tag this Judgment!Pawan Stone Works and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-10-2003
R.S. Garg, J. 1. This order shall finally disposed of CWJC Nos. 13130 of 2002, 13171 of 2002 and 13208 of 2002. 2. In reply to the petitioners' objection that the Member Secretary had passed the orders without jurisdiction the Respondent-Pollution Control Board submits that in accordance with Section 4 of the Water (Prevention & Control of Pollution) Act, 1974, a Board is to be constituted and under Section 11A of Water Act the Boardmay delegate its powers and duties to the Chairman. He submits that in accordance with the Air (Prevention & Control of Pollution) Act, 1981, a Board is to be constituted under Section 5 of the Act and powers of the Board can be delegated in favour of the Chairman or the Member Secretary or any other officer of the Board under Section 15 of the, said Act. He submits that when a State Pollution Control Board is constituted then it is constituted under the Water Act and the said Board shall be deemed to be a State Board for purposes of the Air Act, 1981. Re...
Tag this Judgment!Rajendra Mehtar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-10-2003
Ravi S. Dhavan, C.J. and P.K. Deb, J. 1. This letters patent appeal has been filed by the petitioner appellant Rajendra Mehtar against the order of 12 September 2002 on CWJC. No. 12122 of 2000; Rajendra Mehtar v. The State of Bihar and others. The petitioner appellant Rajendra Mehtar is the son of Smt. Sanichari Devi. She died in 1996. She worked as a Sweeperess in the Block Office, Dhamdaha, District Purnea. She was initially employed as a daily wager in 1978. She was put on a scale pay in 1981 and continued to draw this scale pay until 1996. When notice was issued on the writ petition, the counter affidavit did not reply to the petition paragraph by paragraph. The counter affidavit conveniently evaded the submissions made in the writ petition. For instance, in paragraph 5 the petitioner stated that his mother received salary from the regular establishment till her death. This submission was not challenged nor contradicted. Sanichari Devi died leaving behind the petitionerand two mi...
Tag this Judgment!Shyama Charan Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-07-2003
S.K. Katriar, J.1. Heard Mr. Ram Janam Prasad for the petitioner, Mr. S.N. Pathak for the respondent Bank and its functionaries, and learned Junior Counsel to Additional Advocate General No. I for the State of Bihar.2. According to the writ petition, the petitioner superannuated from the services of the Bihar State Co-operative Bank Limited, Patna, with effect from 30-11-1997, while functioning as Deputy Genera! Manager. The petitioner complains before this Court that the respondent Bank has deducted a sum of Rs. 30,000/- from his post-retirement benefits for the reason that, while in service, he stood guarantor to a loan granted to the borrower. The borrower did not repay the laon and, therefore, the amount had been deducted from the petitioner's post-retirement benefits in the capacity of a guarantor.3. The petitioner assails the validity of the impugned action, inter alia, on the ground that the respondent Bank did not take steps to realise the money from the borrower, and has inst...
Tag this Judgment!Bihar Rajya Panchayat Parishad Vs. the Election Commission and ors.
Court: Patna
Decided on: Mar-07-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. The Election Commission of India has had a statement made through its Counsel Mr. J.P. Karn on instruction received by him by communication No. 509/90/2002/JS-I/557 dated 10 February, 2003. It is reproduced: 'I am directed to invite a reference to the order passed by the Hon'ble High Court on 17-1 -2003 in the above matter. In this connection, it is stated that the Fourth Schedule to the Representation of the People Act, 1950 (in relation to Bihar) has been amended vide Representation of the People (Second Amendment) Act, 2002, notified by the Ministry of Law and Justice. A copy of the said amendment Act is sent herewith. Before holding the pending elections to the Legislative Council, the Delimitation of Council Constituencies (Bihar) Order, 1951, requires some amendments on account of creation of new districts in the State. The Commission has already sent to the Ministry of Law and Justice, a draft notification for carrying out necessary ...
Tag this Judgment!Kamal Kant Jha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Mar-07-2003
Ravi S. Dhavan, C.J. and Shashank Kr. Singh, J. 1. These cases (L.P.A. Nos. 1174 of 2002, 1270 of 2002, 1322 of 2002, 1071 of 2003, 1316 of 2002, 33 of 2003, 125 of 2002, 1302 of 2002, 1323 of 2002, 58 of 2003 (disposed of on 22-1-2003) and 164 of 2003 (disposed of on 8-3-2003) of citizens seeking their pending post retirement dues are putting a lot of pressure on the High Court. 2. One average is now very clear from the surface and is discernible from the record of cases that payments of retirement dues are being made during the pendency of the petitioner. In some cases, the State of Bihar is also facing orders of payment of special cost or interest. From this circumstance alone it is clear that the payment of admitted dues was not made and it took an order of the High Court to have the payment delivered. Against the cost awarded the State of Bihar is filing Letters Patent Appeals. In totality the situation is not good that retired employees are not getting their admitted dues. 3. T...
Tag this Judgment!Hari Kant Jha Vs. Bihar State Electricity Board and ors.
Court: Patna
Decided on: Mar-07-2003
Chandramauli Kumar Prasad, J. 1. In this writ application, prayer of the petitioner is to quash the communication dated 28-1-2001 (Annexure 9) addressed by the Secretary of the Bihar State Electricity Board to the General Manager-cum-Chief Engineer informing the later that the date of birth of the petitioner originally recorded in his service book is 25-2-1943. Further prayer of the petitioner is to quash the communication dated 24-8-2001 of the same effect, Petitioner also prays for quashing of the order dated 5-3-2002 (Annexure 12) whereby the representation claiming 9-11-1947 as his date of birth has been rejected.2. Facts necessary for the decision of the present writ application are that the petitioner joined the service of the Bihar State Electricity Board (hereinafter referred to as the Board) as Store Assistant on 24-3-1967. Prior to his appointment as Store Assistant, he worked on Muster Roll at Patratu It is the stand of the petitioner that in the service book, which was ope...
Tag this Judgment!Sudhir Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-06-2003
R.S. Garg, J. 1. The petitioner being aggrieved by Annexure-7, an order issued by the Election Officer on 18-10-2002 changing some of the polling booths in accordance with the letter of the District Magistrate bearing No. 293 dated 11-10-2002 and letter No. 294 dated 17-10-2002 has come to this Court. The said letters are annexed as Annexure-B and Annexure-D to the counter-affidavit filed by the District Magistrate. 2. It is not in dispute before me that the Agriculture Produce Market Committee, Triveniganj was to have its election in accordance with law and bye-laws of the said Committee. Undisputedly, election notification was issued on 9-9-2002. In accordance with the rules the Deputy Collector was authorised to work and discharge his duties as the Election Officer. On 16-9-2002 the said Election Officer declared the polling station under Annexure-4. On 20-9-2002 the petitioner and others filed certain objection to change the polling booth. It appears that thereafter some other Dep...
Tag this Judgment!Basun Kr. Mishra Vs. Mithila Kshetriya GramIn Bank and ors.
Court: Patna
Decided on: Mar-06-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. This letters patent appeal has been filed against the order and judgment dated 3 February, 2003 on CWJC No. 2615 of 2002; Barun Kumar v. Mithila Kshetriya Gramin Bank, Laheriasarai and Ors. The petitioner-appellant filed two writ petitions earlier also. These were CWJC No. 5631 of 1995 and CWJC No. 8886 of 1998. 2. The petitioner-appellant was facing three charges. These, in effect, have been noticed by the learned Judge in the second paragraph of the order, which charges were; (a) the petitioner-appellant entered into criminal conspiracy with the Field Supervisor of the Branch and absconded from 4-1-1991 to 29-1-1991 without permission of the competent authority, (b) the petitioner-appellant retained the key of the box containing cash book general register and other register of the Bank during the period of unauthorized absence, as a result of which the working of the Bank had come to standstill and (c) withdrawal by the petitioner-appella...
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