Patna Court July 2003 Judgments
GramIn Gool Udyog and ors. Vs. the C.i.L. and ors.
Court: Patna
Decided on: Jul-07-2003
Aftab Alam, J. 1. All the eighteen writ petitions in this batch, some filed by a single petitioner and others filed by several petitioners (twenty five in all), are at the instance of coal based small scale industrial units in different districts of the State. For a regular and smooth supply of coal each of the petitioner unit enjoyed Linkage Facility on the basis of the orders issued by the Coal India Limited in their favour. But the supply of coal to the petitioner unit is stopped under the Linkage Scheme since all these units were included in the list of 981 industrial units that were found suspect as bona fide consumers of coal in the status report, dated 25-7-2002 by the Industries Department, Government of Bihar. In regard to six units, petitioners in C.W.J.C. Nos. 13369, 4863 and 5503 of 2002 there is also the inspection report of the Vigilance Department of the Coal company. The stoppage of supply of coal under the Linkage Scheme has brought the petitioner units to this Court...
Tag this Judgment!Ajay Kumar Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-07-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J. 1. This petition has been filed as a public interest litigation. The contention of the petitioner is that prosecution to be launched against the respondents so arrayed as there has been iHegal withdrawal of Government monies in the name of fake and frivolous schemes under the 'Indira Awas Yojna' in Lakhisarai district. In paragraph 11 of the petition the petitioner submits on embezzlement, in paragraph 12 on the fake proposed works, cheating and forgery and in paragraph 19 on misappropriation of monies meant for public projects.2. The contention of the petitioner is that the fact that monies have not been utilized on the projects and have been frittered away, by misappropriation or embezzlement, also requires a direction from the High Court for completion of the projects.3. The entire submissions of the petitioner apparently are based upon a complaint made by one Anita Kumari to the local administration and upon a paper cuttings of the daily n...
Tag this Judgment!Harendra Prasad Sahu Vs. Bihar Public Service Commission and ors.
Court: Patna
Decided on: Jul-07-2003
R.N. Prasad, J. 1. The Letters Patent Appeal has been filed against the judgment and order dated 3-10-1996 passed in C.W. J.C. No. 7603/94 whereby the appointment of the appellant made in 1989 was held to be illegal and the Bihar Public Service Commission was directed to recommend the name of respondent No. 9 and of one Md. Salauddin and to appoint one of them in the Irrigation Department, Government of Bihar. 2. The Bihar State Subordinate Service Selection Board, hereinafter to be referred to as 'the Board', published an advertisement No. 5/85 in the 'Arya Varta' on 26-6-1985 for graduate level limited competitive examination inviting applications from candidates belonging to Scheduled Castes, Scheduled Tribes and most backward class for appointment on different posts including the post of Junior Statistical Assistant in the pay scale of Rs. 785-1210/-. Respondent No. 9 pursuant to the advertisement filed an application for appointment. 3. On 12-7-1985 the Board published an adverti...
Tag this Judgment!Krishna Bihari Tiwary and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-07-2003
Case Note:Service law - Appointment--Assistant teachers in Primary School-- Eligibility of--Appellants empanelled for appointment on the basis of advertisement issued in 1985 but not appointed--One of the conditions for eligibility that applicant must be resident of the said district--Found to be violative of Articles 14 and 16 of the Constitution--Appellants filing petitions in the year 1994 i.e. after about nine years--If the claim of the appellants is allowed it. would be amount to depriving other persons of the opportunity of appointment who become eligible for appointment in the intervening period--Held, no relief could be granted to the appellants as it had become old and stale.R.N. Prasad, J.1. These appeals were heard on different dates but in all these appeals similar questions are involved. Thus they are being disposed of by common judgment and order.2. These appeals arise out of judgment and order passed in different writ petitions. These appeals relate to the appointment o...
Tag this Judgment!Dwarika Pd. Keshari Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-07-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J.1. Today, the events as are recorded on the basis of which the show cause was issued by the order dated 21-4-2003 are accepted. In the normal course, the Court should be issuing notice to the petitioner-respondent No. 7 Qazi Ahmad Azam under Section 340 of the Code of Criminal Procedure, 1973 for not having informed the Court that while an order was rendered on 9th May, 2002 the election to Dumraon Nagar Parishad had already taken place on 28th April, 2002. Thus, the Court was hardly at fault to examine academic issues whether the area concerned should be a Nagar Parishad or a part of a Municipality. But for the fact that counsel for respondent No. 7 Mr. Binod Kumar Singh straightaway acknowledged that it is fact that election had taken place on 28th April, 2002 and this fact was not brought to the notice of the learned judge hearing the petition on 9th May, 2002, the Court would have issued notice to the respondent-petitioner for suppressing ma...
Tag this Judgment!Kamla Kant Jha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-07-2003
Ravi S. Dhavan, C.J. and R.N. Prasad, J.1. Two situations, which are emerging from the present case, do not speak well of the State administration of Bihar. The petitioner-appellant is a Primary School Teacher. He retired. His retiral benefits were being paid to him by five cheques in instalments. This in itself is bad. What was worst is that when the petitioner-appellant presented one of the cheques it was dishonoured. This much to be looked into as to why a retired Primary School Teacher was being called again and again to clear his retiral benefits in instalments by five cheques and further why should a cheque of the State of Bihar be dishonoured. The administration should be conscious of the fact that the person in whose name the cheques had been cut had a status as a holder of value under Negotiable Instrument Act 1881 and that in the affairs of the ordinary people are contacts etc. This should happen is another matter and even in these matters the Civil Courts hold an erring par...
Tag this Judgment!Arun Kumar Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-07-2003
R.S. Garg, J.1. Heard learned counsel for the parties.2. The petitioner has come to this Court on earlier occasions also but as his grievances still stand not redressed, he has again come to this Court.3. The petitioner was appointed as Sub-Inspector of Police in the year 1969 andwas confirmed as the same in June, 1972. On 10-7-1981 he was granted officiatingpromotion to the post of Inspector and on 13-11-1992 he was confirmed against thesubstantive vacancy of 1982 with effect from 4-1-1988. As some of the juniors of thepetitioner were promoted to the post of Dy Superintendent of Police ignoring thealleged claim of the petitioner regarding his seniority, the petitioner filed 'C.W. J.C.No. 4697 of 1996. On 9-7-1997 the said writ application was disposed of with thedirections to the respondents to grant promotion to the post of Dy Superintendent ofPolice from the date the juniors to the petitioner were granted promotion also countingthe petitioner's seniority from the date of officiatio...
Tag this Judgment!The Chairman-cum-managing Director Bharat Coking Coal Limited and ors. ...
Court: Patna
Decided on: Jul-04-2003
Nagendra Ral, J. 1. The Chairman-cum-Managing Director, Bharat Coking Coal Limited, Calcutta, (hereinafter referred to as 'the B.C.C.L.) and its other officers are the appellants and they have challenged the judgment dated 19-11-2001, passed by a learned Single Judge of this Court directing the B.C.C.L. to supply the promised quantity of coal to the writ petitioner-respondents as per the procedure prescribed by the impugned notice dated 25-6-2001 (Annexure-1) for the quarter July 2001 to September, 2001, after deducting the supply already made for the part of the period. 2. The writ petitioner-respondents filed a writ application being C.W.J.C. No. 11262 of 2001 for quashing the notice dated 25-6-2001 (Annexure-1), which was affixed on the Notice Board in the office of the B.C.G.L., Calcutta, by which the writ petitioner-respondents, which are registered small scale Industries engaged in manufacturing of Special Smokeless Fuel (Soft Coke) for domestic need, were asked to make advance ...
Tag this Judgment!Garvi Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-04-2003
Ravi S. Dhava, C.J. 1. This case only reflects that the administration does not take any decision on its responsibility. In the present case, in the matter relating to Garvi Devi, the direction for reinstatement was accepted. Not-only this, the respondents reinstated the petitioner. The order directing reinstatement was not challenged. Not only this, the respondents finding that it is writ large on the record that she was prevented from joining her duties recorded in the administrative files that there would be no breakage of service, that the continuity of service would be maintained and her seniority as she was entitled to will be given. Clearly, nothing was left in this case to create issues when none existed. In short, with reinstatement full back wages should have been followed as the respondents themselves accepted that she was entitled to continuity of service without any break and placement of her seniority.2. The petitioner appellant filed the present Letters Patent Appeal a...
Tag this Judgment!Punit Mukhiya Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-04-2003
Ravi S. Dhawan, C.J. and R.N. Prasad, J. 1. There are two aspects of the matter. The first issue is as to whether there should have been recounting or not. This aspect is not before this Court. 2. The second issue is as to whether Rule 79 of the Bihar Panchayat Raj Rules, 1995 be declared as ultra vires. Merely because the Returning Officer may not have recorded his reasons is no ground to declare the rule ultra vires. The petitioner may have a case provided he makes It out one that a certiorari be issued for examining whether in terms of Rule 79 the Returning Officer has recorded his reasons or not. Depending on the record whether reasons are recorded or not, the Court will examine the order of the Returning Officer. The fact that reasons may not be recorded is no ground to declare the rule ultra vires. 3. In the circumstances, there is no good ground that Rule 79 aforesaid be declared as ultra vires. The matter which survives in the petition is whether the order of the Returning Off...
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