Patna Court April 2003 Judgments
The State of Bihar and ors. Vs. Md. Ashif and ors.
Court: Patna
Decided on: Apr-16-2003
R.S. Garg, J. 1. This order shall dispose of L.R.A. No. 33/2002 and L.P.A. No. 540/2002. 2. L.P.A. No. 33/2002 arises out of C.W.J.C. No. 11701 of 2001 while L.P.A. No. 540/2002 arises out of C.W.J.C. No. 9024 of 2001. 3. C.W.J.C. No. 11701/2001 was filed by three petitioners. Petitioner Nos. 1 & 2 were working as Basic Health workers while Petitioner No: 3 was working as Dresser. In C.W.J.C. No. 9024/2001, the petitioner was working on the post of Dresser. Each of the petitioners was working in some Government Ausdhalya. All the petitioners were removed under the orders of the Civil Surgeon on different dates. 4. Being aggrieved by their removal they have come to this Court inter alia submitting that they were working from before on fixed honorarium as Voluntary Health Workers but later on under the orders of the Civil Surgeon-cum-Chief Medical Officer on different dates they were appointed against their respective posts. According to the petitioners, the order showed that it was ...
Tag this Judgment!Shashank Shekhar Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-16-2003
Ravi S. Dhavan C.J. and R.N. Prasad, J. 1. Nothing worth the name has been done by the State Government to implement the Juvenile Justices Act, 2000, which is a re-enacted Act. Even the Rules which were contemplated under the 1986 Act were not framed by the State of Bihar all through the 14 years of the life of the 1986 Act. Section 68 of the 2000 Act, obliged the State of Bihar to frame the Rules. Nothing has been done under the new Act either.2. Learned Counsel on behalf of the State has been instructed to State that files apparently are shuttling between the Social Welfare Department, Law Department and the Advocate Genreal'a Secretariat. This will not work the Act. Much more has to be done to place the machinery under this Act. If the State Government only reads the Statement of Objects and Reasons on the content of planning to make this Act functional, then, it will be well advised to see the Statement of Objects reporduced below: 'An Act to consolidate and amend the law relatin...
Tag this Judgment!Reckitt Benckiser (India) Limited Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-16-2003
1. This order is in relation to C.W.J.C. No. 8092 of 2002 [Reckitt Benckiser (India) Ltd. v. State of Bihar], C.W.J.C. No. 8127 of 2002 (Godrej Saralee Ltd. v. State of Bihar) and C.W.J.C. No. 8128 of 2002 (Godrej Saralee Ltd. v. State of Bihar).2. The disputes in nutshell are that whether the assessing g officer is entitled to make assessment under section 20(l)(a) of the Bihar Finance Act and would be justified in imposing penalty for alleged breach of clause (a) of sub-section (1) of section 20 without recording a final finding that the petitioners of each case in fact concealed any sales or purchases or any particulars thereof with a view to reduce the amount of tax payable by him. The facts in nutshell are that each of the petitioner is dealing in coils, cakes, mats and other such items which are used as mosquito repellants. Each of the petitioner is registered dealer and is subject to assessment under the provisions of the Bihar Finance Act, 1981. Each of the petitioner has furn...
Tag this Judgment!State of Bihar and ors. Vs. Ajoy Chandra Dhar
Court: Patna
Decided on: Apr-15-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. All things considered whether the promotion was to be granted by the Divisional Commissioner or by the Director of Land records and Survey will depend upon the nature of the post to which the person had been promoted. 2. This aspect is relevant. There is Rules of Executive Business framed for the State Government of Bihar under Sub. Head 29 is mentioned 'Revenue and Land Reforms Department. 3. Entry 12 and 13 of the Rules of Executive Business are relevant. These are reproduced:- '2. Control of Clerical and menial establishments of the Board of Revenue,Commissioners of Divisions and District and Sub-divisional Officers. 13. Control of Officers employed under the Director of Land Records and Surveys, save in so far as the control of officers of the Indian Civil Service, the Indian Administrative Service, Bihar Civil Service and Sub-ordinate Civil Service is vested in the Personnel and Administrative. Reforms Department.' 4. The first thing...
Tag this Judgment!Nagina Khatoon and ors. Vs. State of Bihar
Court: Patna
Decided on: Apr-15-2003
Prabhat Kumar Sinha, J.1. All the appellants, above named, stand convicted Under Section 304B read with Section 34 of the Indian Penal Code (the Code, in short) and sentenced to rigorous imprisonment for life. The appellants have further been convicted Under Sections 3 and 4 of the Dowry Prohibition Act and further sentenced to undergo rigorous imprisonment for six months each, and to pay a fine of rupees five thousand each, for both the offences separately, or to undergo simple imprisonment for two months in default to pay the fine. The sentences of imprisonment were ordered to run concurrently.2. This is a case with two dying declarations, firstly the Fardeyan (Exhibit-5) recorded by a Police Officer on 7.6.1992 (the date of occurrence being the same date) at 8.15 p.m. in the hospital, of the deceased Parveen @ Shama, hospitalized in a seriously burnt condition and the second being statement recorded by Mr. Pyare Mohan Lal, Sub-Divisional Judicial Magistrate, then posted at Gaya, on...
Tag this Judgment!Bihar Rajya Krishi Karmachari Sangh Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-10-2003
Narayan Roy, J. 1. Heard Counsel for the parties. 2. The only grievance of the writ petitioner is that the persons mentioned in Annexures 1 and 2 are under the control of the Joint 'Director, Agriculture, Patna Division, Patna, respondent No. 3, but they have been sent on deputation by order, as contained in Annexures 1 and 2, by the District Magistrate, Bhojpur, respondent No. 5. 3. Learned Counsel appearing on behalf of the petitioner submitted that the District Magistrate has no jurisdiction to transfer or depute the employees of the Agriculture Department, and, therefore, the orders, as contained in Annexures 1 and 2, are wholly without jurisdiction. 4. A counter-affidavit has been filed on behalf of the respondents stating therein that no sooner the matter was brought to the notice of the Director, Agriculture, Government of Bihar, Patna, a communication was made by the Director, Agriculture, Government of Bihar, to the District Magistrate, Bhojpur, to cancel the order of depu...
Tag this Judgment!The State of Bihar and ors. Vs. Hari Shankar Prasad and ors.
Court: Patna
Decided on: Apr-10-2003
Ravi S. Dhavan, C.J. 1. This is an appeal on behalf of the State of Bihar. At the out set the Court may indicate that regard being had to the aspect and the manner in which the pleadings were not exchanged the State of Bihar can hardly contend that the order of the learned Judge is incorrect. 2. If the engagement of the contesting respondents was not illegal the only issue which remains is of the regularisation of their services. Such large scale employment and consequential regularisation of service can only be under a scheme formulated by the State Government. The first five respondents evaded filing a reply to the petition. This is a matter on record and noticed by the learned Judge. The 6th respondent filed a counter-affidavit. This respondent was the Executive Engineer, Sitamarhi Division. He virtually admitted the case of the respondent-petitioners. For instance it was accepted that the engagement of the persons concerned, in context, was regular; that there was a continuous em...
Tag this Judgment!Ram Lakhan Das and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-10-2003
Narayan Roy, J. 1. Heard Counsel for the parties. 2. Both these writ applications have been heard together, as common question has arisen for consideration, and are being disposed of by this common order. 3. These writ applications are directed against the orders, as contained in Annexures 23 and 15, respectively, both dated 30th September, 2002 whereby and whereunder certain punishments have been imposed upon the petitioners on conclusion of the departmental proceedings. 4. Learned Counsel for the petitioners submitted that in the departmental proceedings the charges levelled against the petitioners were not proved and the enquiry officer, faced with this situation, exonerated these petitioners saying that prima facie involvement of the petitioners is not proved from the materials on record vide his reports, as contained in Annexures 20 and 12, respectively, and the disciplinary authority, on the contrary, held that the charges have been proved against the petitioners, and, accord...
Tag this Judgment!Ram Chandra Ram and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-10-2003
S.N. Jha and B.N.P. Singh, JJ. 1. There are twenty-two petitioners in this case. They seek direction, in effect and substance, to regualrise their services. They claim to be working on daily wage basis for 14 to 18 years. 2. When the case was taken up for hearing on 3-3-2003 the Court was informed that 14 out of 22 petitioners have either been made regular or appointed elsewhere or left the job and therefore the petition survives with respect to remaining 8 petitioners alone. The stand of the State Government is also to the same effect. It may be mentioned here that the claim of the petitioners for regularisation was kept on hold on account of the fact that they were engaged after 1-8-85 which has been fixed as the cut off date for the purpose of regualrisation. In course of hearing on 3-3-2003 the Court observed that the circumstances in which wife of petitioner No. 1 Ram Chandra Ram, namely Meena Devi, and petitioner Nos. 2, 9 and 10 Ashwini Kumar, Rambali Prasad and Ram Kumar Raut...
Tag this Judgment!Samastipur Kshetriya GramIn Bank Officers Association Vs. Samastipur K ...
Court: Patna
Decided on: Apr-09-2003
S.N. Jha and B.N.P. Singh, JJ. 1. The dispute in this writ petition relates to payment of medical allowance to the officers and employees of the Samastipur Kshetriya Gramin Bank (for short, the Bank). The writ petition by the Association of Samastipur Kshetriya Gramin Bank Officers was filed against the decision of the Chairman of the Bank directing that fixed medical allowance shall be paid to the members of the Association until decision by the Equation Committee and the Government of India on the subject. The claim of the petitioner in sum and substance is that the officers and employees of the Bank stand on par with their counterparts of the sponsor Bank, namely, the State Bank of India and they are entitled to the same pay and allowances as admissible to them.2. It appears that serveral writ petitions involving the dispute relating to 'equal pay for equal work' were filed including one in the Supreme Court being Writ Petition No. 132 of 1984. The Supreme Court by order dated 1 -...
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