Patna Court July 2003 Judgments
The State of Bihar and ors. Vs. Smt. Suniti Kumari and ors.
Court: Patna
Decided on: Jul-31-2003
N. Rai and R. Prasad, JJ.1. Inspite of valid service of notice no body appeared on behalf of the respondents.2. This appeal is barred by limitation.3. Having heard learned counsel for the appellants and taking into consideration the averments made in the limitation petition we are satisfied that sufficient ground has been made out to condone the delay in filing the appeal. Accordingly, the limitation petition is allowed and the delay in filing the appeal is condoned.4. This appeal is directed against the order dated 16th July, 1996 passed by the learned Single Judge whereby he issued a direction to issue formal letters of appointment as Assistant Teachers in favour of writ petitioners-respondents.5. Admittedly, the State Government, by order dated 5-1-1984 took over the management of the school along with the services of the teachers under Section 3(4} of the Bihar Non-Government Primary School (Taking Over Control) Act, 1976.6. It is also admitted position in that the two writ petit...
Tag this Judgment!Nageshwar Prasad Mehta Vs. Rajesh Kumar JaIn and ors.
Court: Patna
Decided on: Jul-29-2003
Prabhat Kumar Sinha, J.1. This appeal is directed against order dated 13.7.2001 recorded by the 1st Additional District Judge, Madhepura-cum-Motor Accident Claims Tribunal in M.V. Case No. 2 of 1989.2. It will appear that on 18.7.2003 the last date of hearing on admission learned Counsel for the respondent No. 2, Oriental Insurance Co, Ltd. (to be referred to as 'the insurer') had appeared but not the respondent No. 1, namely, Rajesh Kumar Jain and Deepak Kumar Jain, the substituted heirs of the owner of the vehicle. Prior to that also, on 15.7.2003 the respondent No. I was not present. Therefore, on 18.7.2003 the learned Counsel for the appellant and for the insurer were heard and the case was again adjourned for hearing the respondent No. 1, if present on the next date or for recording the order. On 21.7.2003 also, none appeared on behalf of the respondent No. 1. The parties present were finally heard and with their consent, since this appeal mainly related to the interpretation of...
Tag this Judgment!Sri Kant Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-29-2003
Chandramauli Kumar Prasad, J.1. This application has been filed for quashing the entire prosecution as also the order dated 12-6-2000, passed by the Sub-Judicial Magistrate, Samastipur in Complaint Case No. 1103 of 1999, whereby the learned Magistrate has taken cognizance of the offence under Sections 447 and 504 of the Indian Penal Code.2. Although the aforesaid prayer has been made in an application filed under Section 226 of the Constitution of India but when the matter is taken up, Mr. Singh appearing on behalf of the petitioner prays to convert this application into an application under Section 482 of the Code of Criminal Procedure. I am proceeding to consider this application as an application under Section 482 of the Code of Criminal Procedure.3. Opposite party No. 4, who happens to be a constable in the Railway Protection Force lodged a petition of complaint in the Court of Chief Judicial Magistrate, Samastipur, inter alia, alleging that although he was transferred from Samast...
Tag this Judgment!Jaleshwari Devi and ors. Vs. Deorani Devi and ors.,
Court: Patna
Decided on: Jul-28-2003
P.K. Deb, J.1. All the appeals have been heard analogous as they arise out of the same Judgment and between the same parties.2. First Appeal No. 60/79 has been preferred by Defendant No. 1 of Partition Suit No. 7/74 while First Appeal Nos. 101/83 and 102/83 arise out of the Eviction suit filed by the same Defendant No. 1 Laxman Sharma against plaintiffs of Partition Suit No. 7/74 and against Sarjug Sharma who was also a defendant being Defendant No. 4 in Partition Suit No. 7/74 and a son of Laxman Sharma by his first wife. First Appeal No. 269/83 has been preferred by the same Laxman Sharma against the Final Decree being passed in Partition Suit No. 7/74. First Appeal Nos. 101/83 and 102/83 were practically filed before the District Judge corresponding to the valuation of the appeals but as they relate to same dispute between the parties of First Appeal No. 60/79 and that of First Appeal No. 269/83 and also covered by the same Judgment, those two appeals have also been called for fro...
Tag this Judgment!Management of Koiri Hitkarini Panchit Hat Samittee Vs. State of Bihar ...
Court: Patna
Decided on: Jul-25-2003
Ravi S. Dhavan, C.J. and Shashank Kumar Singh, J.1. The appellant challenged the award of Labour Court, Patna in Reference Case No. 18 of 1988. The award is dated June 6, 1994. The dispute is in between the Management of Koiri Hitkarini Panchit Hat Samittee and the Workmen.2. The reference was made under Section 10(1)(c) of Industrial Disputes Act, 1947, the reference was made to the Labour Court by a notification dated June 27, 1988 in the following terms: 'Whether the termination, of the services of Sarvashri Sachita Prasad Mehta, Head Clerk; Mahesh Mahto, Accounts Clerk; Lallu Prasad, Tahsildar; Mahendra Kumar, Tahsildar; Mohan Pd., Tahsildar; Ram Nath Mehta: Tahsildar; Baijnath Mahto, Tahsildar; Parasnath Mehta, Bijali, Mistri: Ramashish Mahto, Night Guard; Devi Lal, Tahsildar; Dinesh Prasad, Library Incharge; Rishlkeshwa Mahto, Tahsiidar; and Laxman Prasad Mehta, Watchman by the Management of Koiri Hitkarini Panchit Hat Semite, Muzaffarpur, Patna-6 is justified? If not, are they...
Tag this Judgment!Dr. Sureshwar Satti Prasad and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-24-2003
Narayan Roy, J. 1. Heard Counsel for the parties. 2. All these three writ applications since involve common questions of law and facts are being disposed of by this common order. 3. Petitioners of C.W.J.C. No. 1182 of 2003 have prayed for issuance ofadirection upon the respondents to consider their cases for appointment on the post of Professor in the Department of Gastro-intestinal Surgery (in short 'G.I. Surgery'), and Nephrology in Indira Gandhi Institute of Medical Science (in short 'IGIMS') pursuant to advertisement No. 01/2002/Estt. In C.W.J.C. No. 4615 of 2003, the petitioner has prayed for quashing the Screening Committee's report of respondent-IGIMS prepared pursuant to advertisement No. 01-2002/Estt. for the post of Professor in the Department of G.I. Surgery. In C.W.J.C. No. 6228, of 2003, the petitioner has prayed for issuance of a direction upon the respondents-authorities to appoint him on the post of Professor (Anaesthesia) in IGIMS, Patna as recommended by the Select...
Tag this Judgment!Pashupati Nath Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-22-2003
Ravi S. Dhavan, C.J.1. This Letters Patent Appeal has been filed against the order dated 13th January, 1997 on CWJC No. 9719 of 1989 : Pashupati Nath Prasad v. The State of Bihar and Ors.2. There has been a long drawn litigation with the petitioner chasing his claims which ultimately rest on the aspect that he ought to have been given promotion on the post of Deputy Controller of Accounts w.e.f. 1 -4-1981 and not from 1-4-1984. If this relief is granted to the petitioner, provided he is entitled to it, the rest is consequential and will follow to the benefit of the petitioner.3. The reason the petitioner faced inquiries and ultimately a punishment by censure is an aspect which is germane to the issue. The petitioner even filed service case No. 246 of 1987 before the Bihar Administrative Tribunal. The petitioner was resisting a censure entry consequent upon a departmental inquiry. As a result of the departmental inquiry the petitioner had at one stage also been suspended.4. If the cir...
Tag this Judgment!Mohan Raut Vs. the Bihar State Agriculture Marketing Board and ors.
Court: Patna
Decided on: Jul-22-2003
Chandramauli Kr. Prasad, J. 1. In this writ application, prayer of the petitioner is to quash the order dated 19-5-2003 (Annexure-9) whereby the petitioner has been transferred to Bazar Samiti Warsaliganj on administrative ground.2. Petitioner is a Packer and by order dated 19-3-2002 (Annexure-1) he was relieved from the office of the Regional Director, Agriculture Marketing Board. Muzaffarpur, w.e.f. the after-noon of 19-3-2002 to join at the Headquarter of Bihar State Agriculture Marketing Board, Patna, hereinafter referred to as the Board. In pursuance of the said order, petitioner submitted his joining at the Board's Headquarter on 21-3-2002. However, by order dated 27-3-2002 (Annexure-3), his service was returned to the office of the Regional Director, Muzaffarpur for his posting in the market Committee. Petitioner challenged the said order by filing C.W.J.C. No. 4485 of 2002 Mohan Raut v. The Bihar State Agriculture Marketing Board and others, before this Court. This Court by i...
Tag this Judgment!Ram Sagar Ram and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-22-2003
S.N. Jha, J.1. These two writ petitions involving an identical dispute are disposed of by this common order. The dispute relates to reimbursement of medical expenses incurred by a Government servant in connection with treatment outside the State.2. The facts of CWJC No. 2060/2003 are as follows. The petitioner is retired Secretary (Technical), central Design Organisation in the Road Construction Department. While in service he underwent coronary artery bypass graft surgery in the Escorts Heart Hospital New Delhi on 21-9-2001. Earlier he was examined by Dr. R. K. Agrawal of the Indira Gandhi Institute of Cardiology Patna who advised him to go to All India Institute of Medical Sciences (AIIMS) for further treatment. In view of his condition he could not take steps for examination by a Medical Board at Patna and had to rush to Delhi on 11-9-2001. It is relevant to mention here that on 16-10-2001 post-facto permission for specialised treatment from 11-9-2001 at Delhi was granted. Accordin...
Tag this Judgment!Smt. Iti Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-22-2003
Aftab Alam, J.1. The petitioner is the widowed wife of one Rajendra Prasad who died as a Government employee in the Work-Charged Establishment. After his death, the petitioner was paid the amount of his (i) G.P.F. and (ii) group insurance amounting to Rs. 33,142/- and Rs. 39,359/- respectively. She now presses her claim for payment of (i) family pension, (ii) gratuity and (iii) leave salary. The respondent authorities take the stand that the retiral/death benefits claimed by the petitioner are not admissible to an employee in the Work-Charged Establishment.2. The facts of the case are brief and without controversy. The deceased husband of the petitioner (Rajendra Prasad) was taken in the Work-Charged Establishment in the pay scale of Rs. 155-199/- by an office order issued by the Executive Engineer, Building Construction and Housing Department, Building Division, Patna, under his memo No. 362, dated 24-1 -1980 (Annexure 1). (From the office order, it appears that before being inducte...
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