Patna Court November 2004 Judgments
Basudeo NaraIn Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-25-2004
Narayan Roy, J.1. Heard counsel for the parties and considered the counteraffidavit filed on behalf of the respondents.2. The petitioner wants parity at par with Sri Sitaram Prasad and Sri Shyam Bihari Tiwari, who are similarly situated to him, for grant of promotion to the post of Secretary to Secretary with effect from 1.3.1995.3. It is submitted by learned counsel for the petitioner that initially the petitioner was promoted to the post of Secretary with effect from 1.4.1996 and thereafter similarly situated persons, namely, S/Sri Sitaram Prasad and Shyam Bihari Tiwari, were promoted on the same post with effect from 1.3.1995, and, therefore the petitioner filed a representation before the authorities concerned seeking parity in the matter of promotion, but, till date his representation has not been disposed of. It is further submitted that the State respondent in paragraph 5 of the counter-affidavit have admitted the claim of the petitioner and it is stated that when this fact was...
Tag this Judgment!Sanjay Kumar and anr. Vs. the State of Bihar
Court: Patna
Decided on: Nov-25-2004
Chandramauli Kr. Prasad, J. 1. Prayer of the petitioners in this application is for issuance of a writ in the nature of mandamus commanding the respondents particularly the respondent-Bihar Public Service Commission to declare the result of the petitioners treating them to be belonging to the most backward class.2. Shorn of unnecessary details facts giving rise to the present application are that the Bihar Public Service Commission, hereinafter referred to as Commission, published an advertisement in the daily Newspaper 'Aaj' dated 10th May, 1996 inviting application for appointment to the post of Assistant Teacher in the Nationalised Primary Schools in various districts of the State of Bihar including the district of Aurangabad. According to the advertisement for the purpose of selection examination was to be held in two stages viz; the preliminary examination and the main examination. After the result of preliminary examination, successful candidates were required to submit applicat...
Tag this Judgment!Bihari Paswan Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-25-2004
Narayan Roy, J. 1. Heard counsel for the parties.This writ application is directed against order dated 29.4.1999, whereby and whereunder appeal filed by the petitioner against order dated 4.7.1991 has been dismissed.2. It is submitted by learned counsel for the petitioner that the petitioner was appointed on he post of peon by virtue of order dated 17.6.1991 in the office of the Superintending Engineer, Minor Irrigation Department, Muzaffarpur and immediately thereafter he was terminated by virtue of order dated 4th July, 1991 and the appeal filed by the petitioner against the order of dismissal has been dismissed vide order, as contained in annexure 1. It is further submitted that the petitioner initially was working on daily wages in the Minor Irrigation Circle, Muzaffarpur and he was empanelled and owing to his past services the District Establishment Committee considered his case for absorption and the District Magistrate directed the Superintending Engineer, Minor Irrigation Circ...
Tag this Judgment!Dilip Kumar Bhattacharya and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-24-2004
Nagendra Rai, A.C.J. and S.N. Hussain, J. 1. All the appeals arise out of an order dated 27.8.2003 passed by the learned single Judge except L.P.A. Mo. 303 of 2004 which arises out of an order dated 26.9.2003 passed in C.W.J.C. No. 8241 of 2003 relying on the earlier order dated 27.8.2003, and the point involved in all the appeals being the same they have been heard together and are being disposed of by this common order.2. L.P.A. Nos. 1200 of 2003 and 303 of 2004, are barred by limitation.3. After having heard learned counsel for the parties and taking into consideration the averments made in the limitation petitions, the delay in filing both the appeals is condoned.4. Admitted facts are that the fathers of the appellants were initially engaged in work-charged establishment. Later on, in terms of the Government Policy, their services were regularised and made permanent. However, posts in the work-charged establishments were carried to the permanent establishment for the purposes of m...
Tag this Judgment!Hod Sanwata Legchar Semlet (Hor Samaj and Sanskritik Samiti) and ors. ...
Court: Patna
Decided on: Nov-24-2004
Nagendra Rai, A.C.J. and S.N. Hussain, J.1. Petitioner No. 1 is a registered Association formed to look after the welfare of Schedules Tribes in the State of Bihar, petitioner No. 2 is its President and remaining petitioners are other Scheduled Tribe members. They have filed the present writ application for declaring the Bihar Reservation of Vacancies in Post and Services For Scheduled Castes, Schedule Tribes and Other Backward Classes) Amendment Act, 2002 (Bihar Act 17 of 2002) (hereinafter referred to as 'the Amendment Act') (Annexure-4 to the writ application) as ultra vires of the Constitution and for quashing the resolution contained in memo No. 456 dated 30.9.2002 (Annexure-5 to the writ application), making the same percentage of reservation as prescribed in the Amendment Act applicable with regard to the admissions in the educational institutions also.2. The admitted fact is that the Government of Bihar issued a resolution on 13.11.1953, whereby 10% of the vacancies in the ser...
Tag this Judgment!Arun Kumar Agrawal Vs. Bihar State Food and Civil Supply Corporation a ...
Court: Patna
Decided on: Nov-24-2004
1. The sole appellant, who was respondent No. 6 in the writ application, has filed the present appeal challenging the Order dated 25-8-2004, passed by a learned single Judge in C.W.J.C. No. 8573 of 2004, by which he has quashed the Order dated 27-7-2004, passed by the Chief Procurement Officer, respondent No. 3 (Annexure 8), whereby the appellant was appointed as a Transporting and Handling Agent for Patna district for the year 2004-2005 and remanded the matter to the Bihar State Food and Civil Supplies Corporation Ltd. (for short 'the Corporation') and its officers to reconsider the matter of appointment of the said Agent in accordance with law.2. The admitted facts are that Corporation is a Government Undertaking and apart from other activities, it supplies foodgrains under various welfare schemes of the Central Government to the different Blocks of the State of Bihar and for that purpose it appoints Transporting and Handling Agent for transporting the foodgrains under the various s...
Tag this Judgment!Pachkauri Ram Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-24-2004
Narayan Roy, J.1. Heard counsel for the parties.2. The petitioner seeks direction upon the respondents to make payment of consequential benefits on account of his promotion with effect from 11.4.1989 to July 1994.3. It is submitted by learned counsel for the petitioner that the petitioner was given out of turn promotion on the post of Inspector of Police on account of award of police medal for his gallantry deeds, but the authorities are not paying the pecuniary benefits on account of promotion with effect from the date of notification dated 11.4.1989, It is further submitted that after July 1994 the petitioner is getting promotional benefits, though he is entitled for the same with effect from 11.4.1989 itself. It is also submitted that one similarly situated police officer, namely, Ram Subhag Singh, who was also given out of turn promotion, was given consequential benefits from the date of promotion itself.4. A counter affidavit has been filed on behalf of the respondents stating th...
Tag this Judgment!Bihar State Pollution Control Board and anr. Vs. Hiranand Stone Works ...
Court: Patna
Decided on: Nov-24-2004
R.S. Garg, J. 1. This letters patent appeal has been filed under Clause 10 of the Letters Patent of the Patna High Court, by the Bihar State Pollution Control Board, being aggrieved by the order dated 15-9-2003 passed in CWJC No. 4122 of 2003 (reported in 2004 (1) Pat LJR 25) whereunder the learned single Judge has held that the decision to reject, the writ petitioner's application was based on a ground which had no application to the case. The learned single Judge after quashing the Board's decision dated 13--5-2003 required the appellant to reconsider the writ petitioner's application.2. The necessary facts for disposal of the writ application are that the original petitioner Hiranand Stone Works is a proprietorship firm and is owned by Nand Kishore Tekriwal. The petitioner firm is registered as small scale industry unit having its registration No. 3-1-02643 -PMT-SSI dated 30-11-1982. The petitioner after being registered as SSI with financial assistance of Bihar State Financial Cor...
Tag this Judgment!Anil Kumar George and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-24-2004
Shiva Kirti Singh, J.1. Both these writ petitions have been heard for admission in detail because termination order under challenge in both the cases are same and common questions of fact and law arise for determination. In general relevant facts have been noticed from records of CWJC No. 6854 of 1999 and where necessary peculiar facts of CWJC No. 7564 of 1999 shall be mentioned separately. Petitioners have prayed for quashing of order dated 22.6.1999 issued under the signature of Registrar, Veer Kuer Singh University Arrah whereby services of 11 persons including that of Anil Kumar George and Kamlesh Kumar Singh petitioners of CWJC No. 6854 of 1999 and of Shesh Nath Singh, petitioner of CWJC No. 7564 of 1999 have been terminated on the ground that a direction to that effect has been received from Hon'ble Chancellor of the University. The impugned order has been annexed as annexure-1 to CWJC No. 68/99 and annexure-9 to CWJC No. 7564 of 1999.2. On behalf of petitioners it has been subm...
Tag this Judgment!State of Bihar Vs. Kishore Kumar Rai
Court: Patna
Decided on: Nov-24-2004
Nagendra Rai, A.C.J.1. This Court in exercise of suo motu power issued notice to the accused-opposite party Kishore Kumar Rai to show cause as to why the order dated 28.2.2003 passed by Sri A.K.M.M. Qureshi, 3rd Addl. Sessions Judge, Saharsa in Criminal Revision No. 80 of 1998 (s) quashing the order dated 2.3.1998 passed by the Chief Judicial Magistrate, Supaul in G.R. Case No. 343 of 1987 by which the Chief Judicial Magistrate, Supaul has taken cognizance under Sections 409, 420, 467 read with Section 120B of the Indian Penal Code, against the aforesaid opposite party Kishore Kumar Rai, Rameshwar Prasad and Awinash Kumar and after due notice to the aforesaid opposite party Kishore Kumar Rai, the matter was heard and is being disposed of by this order.2. The factual matrix giving rise to the present application is that Mohan Prasad, B.D.O. Supaul, lodged a written report on the basis of which Supaul police lodged a first information report alleging that in the year 1985 under the sche...
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