Patna Court July 2003 Judgments
Kamla Kant Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-14-2003
Ravi S. Dhavan, CJ., Shashank Kumar Singh, J.1. The Court is not repeating any aspect in any of orders recorded in this case. Suffice it to say that they have been sufficiently brought to the notice of a set of Counsel present (i) Mr. S.K. Ghose, Senior Advocate, A.A.G. 2, (ii) Mr. S.S. Naiyar Hussain, Senior Advocate, G.P. 2 and Mr. C.K.P. Bhagat, S.C. 1.2. The fact that a State cheque has been dishonoured and that also when the proceedings in Court show that payment was due after a case had been filed is serious enough.3. Apart from this, this case is reflecting on the disease which is prevailing of inaction on behalf of the administration as a result of which persons who have retired are not receiving these pensionary benefits. The Patna High Court is pressured with these cases. It is entirely up to the State Government to pick up the cases which are pending. Otherwise, they have notice of it as before filing a case a notice is served' upon its Counsel.4. Controversies are generat...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Pramod Kumar Yadav
Court: Patna
Decided on: Jul-11-2003
1. This appeal is on the order dated 24 September, 2002 on C.W.J.C.No. 10674 of 2002: Pramod Kumar Yadav v. Union of India and Ors. 2. The issue brought on the writ petition was that the petitioner's discharge from the Central Reserved Police Force on the ground that he committed plural marriage, his punishment is too harsh, it should be modulated to a lesser punishment and at best it would be treated as misconduct. The learned Judge has desired that there ought to be an inquiry afresh, 3. There is no issue on record that the petitioner having been married once to one Sunita Devi and out of this wedlock there is a child, a girl, is adventurous enough to go into other relationship with one Pramila Devi. From the second relationship between the petitioner and Pramila Devi there are three children. In so far as this aspect is concerned, the petitioner resisted the proposition that the child is not from his relationship. Unfortunately, his brother has given evidence to this effect. In ...
Tag this Judgment!Shree Prakash Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-11-2003
Nagendra Rai, J. 1. The petitioner,, a clearing and sales agent of products of Nestle India Limited (hereinafter referred to as the Company) has filed the present writ application for quashing the notification dated 10th April, 2001 whereby amendment has been made in the Schedule of the Bihar Agricultural Produce Markets Act (hereinafter referred to as the Act) in exercise of power under Section 39 of the Act in so far as the products made by the Company included under Item No. VIII of the schedule captioned as Animal Husbandry Products and notices issued by the agricultural Produce Markets Committee, Mussalahpur (hereinafter referred to as the Committee) asking the petitioner to take licence and to pay market fee with regard to the said products. At the time of argument, learned Senior counsel appearing for the petitioner confined the challenge to the notification only with regard to two products, namely, lactogen and milkmaid being sub-items No. 22 and 25 under heading VIII, Animal...
Tag this Judgment!Indian Oil Corporation Ltd. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-11-2003
Nagendra Rai, J.1. The petitioner, a Government Company within the meaning of Section 617 of the Companies Act, has filed the present writ application for quashing four orders dated 6th September, 2002 (Annexures 17 series) imposing penalty under Section 7(4) of the Bihar Tax on Entry of Goods into Local Areas for Consumption, use or Sale Therein Act, 1993 (hereinafter referred to as 'the Act') read with Section 16(9) of the Bihar Finance Act (hereinafter referred to as the 'Finance Act') for not paying the admitted tax under the Act within time for the assessment years 1993-94, 1994-95, 1995-96 and 1998-99 and the demand notices dated 7th September,2002, (Annexures 16 series) issued in terms of the aforesaid orders dated 6th September, 2002.2. The petitioner, a Government of India Undertaking under the Ministry of Petroleum and Natural Gases, Government of India, is carrying on business of refining crude oil into various petroleum products and marketing them through the Marketing Div...
Tag this Judgment!Bihar State Stamp Vendors Association and anr. Vs. State of Bihar and ...
Court: Patna
Decided on: Jul-11-2003
Ravi S. Dhavan, C.J. 1. This petition was filed by the Bihar State Stamp Vendors Association and another, petitioner No. 2 one Parmanand Lal Karn, claiming to be the Secretary of the Association. The reliefs sought were to cancel the appointment of the private respondents who had been appointed as licensed vendors and restraining the State respondents from making any appointment without following the directions of the High Court. 2. The contention raised in the petition is that the licences had been granted in violation of the Court's direction dated 30 April 1993 in CWJC No. 6171 of 1992. 3. Truly the petition has become infructuous. In the writ petition except making a passing reference to a Rule 3, the entire text is sans any reference to the law or the rules, Thus, the petitioners are not even aware under which provision licences are granted. 4. Faint reference was made that the licence was granted under the Bihar Stamp Rules, 1954. This is not so. 5. Since the petitioners hav...
Tag this Judgment!Punjab National Bank and ors. Vs. All India Punjab National Bank Offic ...
Court: Patna
Decided on: Jul-10-2003
Ravi S. Dhavan, C.J. 1. A writ petition was filed by an organisation known as AllIndia Punjab National Bank Officers Association. The aspects which became thesubject matter of the writ petition were relating to fitment of salary of clerks andspecial assistants on promotion as Officers as junior management grade scale I. Onthis aspect there is no issue between the appellant the Punjab National Bank andthe All INdia PUnjab National Bank Officers Association the respondents in theappeal. . 2. The Punjab National Bank has challenged the order on the writ petition. The order is dated 27 November, 1996. The Bank is aggrieved by the aspect that the fitment which had been occasioned was the result of a settlement which arose out of a conciliation proceeding under the Industrial Dispute Act, 1947. Thus, fitment of the salary of the workmen concerned did require for adjustment to be made for rationalisation of the salary. Thus, the reduction in salary. The settlement which was entered into und...
Tag this Judgment!Ram Lakhan Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-10-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. The issue raised in the present petition, while challenging the order of the Central Administrative Tribunal, is that the petitioner has been retired wrongly.2. The basic issue is the date of birth. The tribunal was of the opinion that it struck the petitioner very late to attempt to challenge his date of birth. Even the school certificate was obtained at the time when the petitioner was about to retire. Thus, the record which was lying with the railways administration is the record which the petitioner left with the railway and challenged the date of birth at a belated stage which was not accepted by the tribunal.3. There is no merit in this petition. Accordingly it is dismissed....
Tag this Judgment!Sitaram Sah Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Jul-10-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. This petition has been filed to challenge the order dated 7th September, 1999 of the Central Administrative Tribunal, Patna Bench, Patna on a claim registered as O.A. No. 353 of 1998 : Sri Sitaram Sah v. Union of India and Ors., (Annexure-13).2. The contention of behalf of the petitioner before the tribunal was to the effect that if ought to make out a direction for appointment of his son on the ground of compassionate appointment for the reason that he was disabled because of an accident during the course of his employment with the railways administration. After a reply was filed by the railways and regard being had to the totality of the circumstance, the tribunal declined to give such a direction.3. The contention of the railways was that for the disability, which was caused because of an accident, the applicant had been paid full compensation. Notwithstanding the disability the railways has placed on the record that it permitted the app...
Tag this Judgment!Md. Jamil Ahmad Khan Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-10-2003
R.S. Garge, J.1. Heard learned Counsel for the petitioner, Counsel for the State and also Counsel for the Respondent No. 7.2. The petitioner being aggrieved by the order dated 4-1-1999 contained in Annexure-6 bearing Officer Order No. 22/99 has come to this Court inter alia submitting that the Deputy inspector General of Police (Vigilance), Electricity Council, Patna has no jurisdiction or authority to direct the petitioner to pay Rs: 2,000 as maintenance to the private respondent No. 7, Husne Aara Khatoon. It is contended that deduction of the said amount from the said salary to be paid to the Respondent No. 7 is patently illegal and cannot be protected under any provisions of law.3. The facts in nutshell are that Smt. Husne Aara Khatoon made an application to the Department that during sustenance of his marriage, with the presentpetitioner he contracted second marriage and has deserted Husne Aara Khatoon and her children. On the said application, an enquiry was initiated and therea...
Tag this Judgment!Madan Sharma and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-08-2003
R.S. Garg, J.1. Heard learned counsel for the parties.2. As both the Officers/Petitioners are facing the same predicament and the same punishment orders they have approached to this Court inter alia submitting that the order of dismissal contained in Annexure-10 in both the cases deserve to be quashed and the Department be directed to reinstate them with all consequential benefits.3. It is not in dispute before me that Madan Sharma was posted as Assistant Engineer while Gurubax Singh was posted as Executive Engineer. Finding a foul play on their part, a chargesheet was issued and an enquiry was ordered. Each of the petitioner was placed under suspension. During course of the enquiry each of the petitioner requested to the authorities that the report of the Flying Squad be made available to them for making their effective representations and proposing proper defences. Each of the petitioner submits that the respondents have relied upon the report of the Flying Squad but did not supply...
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