Patna Court August 2003 Judgments
Ram Bilas Prasad Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-29-2003
Ravi S. Dhavan, C.J. and P.N. Yadav, J. 1. The writ petition brought by Ram Bilas Prasad Singh was on a grievance that his seniority has been wrongly fixed and admittedly respondent No. 7, Shri Hemant Lal, having been appointed subsequently, the denial of promotion to the said appellant was funfair and arbitrary. 2. There were other co-related issues of any weightage which may have been rightly or wrongly considered i.e. time bound promotion. But, the latter aspect is now not relevant. 3. When this appeal taken up statement was made at the bar by the learned Counsel for the petitioner-appellant, who is aggrieved by the judgment on the writ petition, which met with no success, that the respondent has died. Today, the petitioner-appellant has also retired. 4. The issues as were brought in the writ petition of any promotion which was granted to the respondent No. 7, the facts were that between the petitioner and the respondent No. 7 they were not on level playing field. Any promotion ...
Tag this Judgment!The State of Bihar and ors. Vs. Shyam Narayan Singh
Court: Patna
Decided on: Aug-29-2003
Ravi S. Dhavan, C.J. and P.N. Yadav, J.1. The only issue in the present Letters Patent Appeal on behalf of the State Government is whether the enquiry report upon acceptance by the disciplinary authority could become a matter of re-examination by higher authority.2. The other aspect has also to be kept in mind. If the disciplinary authority does not accept the enquiry report for instance to exonerate a delinquent facing enquiry, then reasons have to be recorded by the disciplinary authority. In the present case there was an exoneration by the Enquiry Officer. This report was accepted.3. The only argument made on the Letters Patent Appeal by the learned State counsel S.C. 3 is to the effect that the result of the enquiry was not up to the mark and thus it was seen by the superiors and order was passed by the Government, dated 5th October, 1996 (Annexure-6 to the writ petition) that there ought to be a re-enquiry and this should be conducted by an officer senior to the Enquiry Officer.4...
Tag this Judgment!Bisheshwar Thakur Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-28-2003
R.S. Garg, J. 1. Heard learned Counsel for the parties.2. The present writ petition shows a very pathetic condition of the Government and the governance, the absolute usefulness of the Government Officers holding high offices and their counters filed in the Court.3. The petitioner was appointed on the post of Science Lecturer on 24-7-1973. He along with 133 others was confirmed on 18-9-1981. On 5-5-1985 the petitioner appeared in the departmental examinations but the results were not published due to alleged missing of 300 answer-books. The petitioner was thereafter, given his first time bound promotion on 8-6-1989. On 30th June, 1995 the petitioner and others were posted in the Bihar Education Services Class Ml but were required to draw their salary in their earlier scale and cadre. On 30th March, 1995 a final gradation list was published in which the petitioner was placed at Sl. No. 915. After 1985 no departmental examinations were held for almost about 11 years though the statutes...
Tag this Judgment!Shamsher Bahadur Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-27-2003
R.S. Garg, J. 1. Heard learned counsel for the parties. 2. Learned counsel for the State submits that he has received instructions and would argue the matter. 3. The petitioner was placed under suspension and was charge-sheeted for misconduct. He stood retired from the post of Sr. Clerk on 30-4-1993 but he was not given dues of gratuity, leave encashment etc., therefore, he came to this Court in C.W.J.C. No. 10827 of 1999. While disposing of the said writ application on 23-8-2002, this Court directed that on conclusion of the departmental proceedings or the criminal proceedings, the State would be entitled to pass appropriate orders in accordance with law irrespective of grant of retiral benefits to the petitioner. This Court also directed/observed that it is expected that the departmental proceedings shall be concluded in accordance with law at an early date preferably within six months. The said order was challenged by the State of Bihar in L.P.A. No. 1193 of 2002 but the Division...
Tag this Judgment!Janki Devi @ Janki Devi Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-27-2003
1. It is an unfortunate that this matter of pension has generated four cases. On facts, as are noticed by the learned Judge on the writ petition, there is no issue. Whatever may have been the gaps in the service earlier and whatever may have been the reason for the petitioner's husband not being in service, whether abandoning service, terminated or dismissed, the fact of the matter is that he was reappointed and remained in service for two years until he retired in 1982. The aspect that the petitioner's husband retired in 1982 is not on record of the order. The petitioner's widow filed a petition almost after 20 years. This was C WJC No. 7863 of 2001. This writ petition was dismissed and against the order of dismissal a letters patent appeal was filed. The letters patent appeal was withdrawn as desired by the petitioner-appellant that he would like to file a representation. 2. The contention of the petitioner-appellant was negatived by the State Counsel as her husband was held to be ...
Tag this Judgment!Mahendra Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-27-2003
Narayan Roy, J.1. Heard counsel for the parties.2. This writ application is directed against the order of termination dated 21-12-2002 issued vide Memo No. 1669 as contained in Annexure-10 whereby and whereunder services of the petitioner have been terminated.3. According to the case of the petitioner, an enquiry was held against the petitioner pursuant to an application filed by his first wife, respondent No. 6 at the level of the Director, Health Services. After completion of the enquiry, an enquiry report was submitted indicating therein that the petitioner during the lifetime of his first wife married another lady. Pursuant to the enquiry report, notice was given to the petitioner dated 11-12-1995 by the Regional Administrative Medical Officer, E.S.I., Patna asking him to explain as to why action be not taken against him for marrying another lady during the lifetime of the first wife. The petitioner answered the notice vide application dated 14-12-1995 admitting the fact that he m...
Tag this Judgment!Sahdeo Yadav @ Sahdeo Pd. Yadav Vs. Election Commissioner and ors.
Court: Patna
Decided on: Aug-27-2003
Nagendra Rai, J. 1. This appeal filed by the intervenor is directed against the judgment and orderdated 1-7-2002 passed by the learned Single Judge allowing the writ application being CWJC No. 542 of 2001 filed by respondent Bhola Prasad Sao and directing respondent Election Commission, Bihar and its officers to complete the counting and declare the result within one week of the post of Mukhiya of Mahudar Gram Panchayat of Kowakole Block in the district of Nawada. 2. The election to the Gram Panchayats was due since long in this State and due to intervention of the Court, the process of election started. A notification was issued on 7-2-2001 for holding the election to the Panchayats including the Panchayat in question. According to the election programme, 14-2-2001 was the date fixed for filing nomination papers, 15-2-2001 for scrutiny and 16-2-2001 for withdrawals and 11-4-2001 for election. Respondent No. 6 appellant and other candidates filed their nomination papers and after s...
Tag this Judgment!Subhash Kumar Verma Vs. United Bank of India and ors.
Court: Patna
Decided on: Aug-25-2003
Ravi S. Dhavan, C.J. and Shashank Kr. Singh, J. 1. This letters patent appeal has been filed against an order dated 24th July, 2003 passed on CWJC No. 10946 of 1997 : Subhash Kumar Verma v. United Bank of India and Ors. 2. The learned judge declined to grant relief, in effect, quashing the promotion which had been processed as a consequence of an interview board which was selecting candidates for promotion from Clerical Cadre to Officers' Cadre (Junior Management Scale-l). 3. One of the candidates, who apparently did not make the grade, the petitioner Subhash Kumar Verma, having participated in the game and having seen the result of the game now wants that the rule of the game be changed. If he had objection to the board whatever be the reason he should have objected before he went forthe interview. 4. The Court did inquire on what exactly may be the objection on the three members board constituted, amongst them two from the general category and one from the reserved category. Wheth...
Tag this Judgment!Abdul Wahid Alias Jhunna Mian Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-25-2003
1. The petitioner is an under-trial prisoner in Bagaha Sub-Jail in connection with Sagaha P.S. Case No. 47/ 2002. He has approached this Court with three fold, grievance. He is aggrieved by his cellular confinement. He also complains of being kept in fetters. Lastly, he submits that he is being denied audience with his lawyers and relatives and friends as and when he desires.2. As far as the second grievance is concerned, the admitted position now is that fetters have been removed and therefore so far as that part of the relief is concerned, the same stands redressed by the respondent authorities.3. The core question which arises for consideration relates to petitioner's cellular confinement. The fact that the petitioner is being kept in cell is not disputed by the respondents. What they say is that the confinement is solitary. According to them, the petitioner is a hard core criminal involved in as many as 17 cases of murder, dacoity and extortion pending against him. It is said tha...
Tag this Judgment!Adarsh Rice Mill and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-22-2003
Aftab Alam, J. 1. The petitioners sold certain quantities of Rice (Petitioner No. 1,11,695.79 quintals, Petitioner No. 2,7193.57 quintals and Petitioner No. 3,7072.22 quintals) to the Food Corporation of India in the year 1997-98 @ Rs. 708.20 paise per quintal. It is not denied that though market fee was leviable on the sales of rice by the petitioners, the amounts of fee were not paid to the Agriculture Produce Market Committee, Natwar, Rohtas within whose area the sales took place. The Market Committee has now passed the assessment order, dated 27-3-2000 (Annexure-2) demanding from the three petitioners the market fees payable on the sales of rice made by them.2. This writ petition is filed challenging the demand. The petitioners challenge the demand not on the ground that no market fee was leviable on the sales in question but on the plea that the fee demanded by the Market Committee was not payable by them. On behalf of the petitioners it is submitted that under the relevant prov...
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