Patna Court February 2004 Judgments
Ram Chandra Das Vs. Bihar State Financial Corporation and ors.
Court: Patna
Decided on: Feb-23-2004
R.S. Garg, J. 1. Heard learned counsel for the parties.2. The petitioner being aggrieved by Memo No. 1784 dated 6.10.1997 issued by the Managing Director, Bihar State Financial Corporation, Patna preferred an appeal and as the said appeal also has been dismissed awarding enhanced punishment, the petitioner now has come to this Court.3. The facts in nutshell are that on 2.2.1995 the petitioner was posted at the site of a takeover unit M/s. Bharat Briquette Industries, Industrial Area, Gaya to safeguard the mortgaged assets. He was issued notice that during inspection of the unit on 1.6.1986 he was found absent from duty in an unauthorised manner. That during inspection on 1.8.1996 it was found that doors, window frames, asbestos of the roofs of the shed and some machines were stolen from the mortgaged site but Sri Das (the petitioner) did not inform the Branch Office about the theft of the above items. That during posting of the petitioner as Guard in the above named unit theft of mac...
Tag this Judgment!Vinay Kant Thakur Vs. Allahabad Bank and ors.
Court: Patna
Decided on: Feb-20-2004
R.S. Garg, J. 1. Heard learned counsel for the parties.The question involved in this writ application is that if a Bank can not bank upon its own employees what procedure should it follow and what punishments can be awarded to the delinquent officer. It is to be noted at this stage that on an earlier occasion prior to the present enquiry report the petitioner was issued charge sheet No. BZ/VIG/277/387 dated 24.11.1999, vide Disciplinary Authority order No. BZ/VIG/277/439 dated 30.9.2000. The punishment of withholding of 10 increments was awarded to the petitioner (as submitted by counsel for the petitioner) but its execution was kept in abeyance. It appears that the petitioner Vinay Kant Thakur was posted as Manager at the Bank's Machhariyawan Branch during the period 9.9.1996 to 5.7.1999. The Bank found that he committed certain acts of malfeasance and misfeasance and also misconduct in itself as an employee of the Bank and was involved in certain acts of omission and commission. Fo...
Tag this Judgment!K.C. Patel @ Kamlesh C. Patel Vs. Indian Oil Corporation Ltd. (Refiner ...
Court: Patna
Decided on: Feb-20-2004
R.S. Garg, J.1. Heard learned counsel for the parties.2. Vide charge-sheet No. P/58530 dated 16th September, 2002 serious allegations were made against the petitioner. The charge was that while he was having custody of tender documents between 24th August, 2001 (date of opening of Techno-commercial bid) and 1st October, 2001 (date of opening of price bid), the closed envelope carrying the price bid of M/s. Laxmi Singh, which was kept in his drawer was opened and then after charging the Form of Quotation, the same envelope was reposted and this was done to benefit M/s. Laxmi Singh, the bidder in the said tender. The petitioner, however, denied the charges and submitted that this all was doings of Mr. A.K. Singh and Mr. G.S. Mahto, Dy. Finance Manager. After the fullest enquiry the Enquiry Committee found that the petitioner could be held liable for the said lapses. It is also to be seen that Mr. G.S. Mahto vide his letter dated 22.10.2001 (Annexure-5) submitted to the Manager, Vigilan...
Tag this Judgment!K.N. Farms Industries (Pvt.) Ltd. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-19-2004
Nagendra Rai and Navin Sinha, JJ.1. The appeal under Clause X of the Letters Patent of the Patna High Court has been filed against the judgment dated 2.3.1993 passed by the learned Single Judge of this Court in CWJC No. 995 of 1984 dismissing the writ application filed by the appellant challenging resolution of the Board dated 22.11.1983, whereby the Board has upheld the order passed by the authorities concerned under the provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as 'the Act') rejecting the objection.2. The admitted fact is that Land Ceiling Case No. 250 of 1973 was initiated under the provisions of the Act against the petitioner and adverse orders were passed by the authorities under the Act, which was challenged by the petitioner in this Court by filing writ petition, vide CWJC No. 1675 of 1976, which was allowed by this Court on the ground that adequate opportunity was not given to the petitioner and bef...
Tag this Judgment!Kailash Mehta Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-19-2004
1. No one appears, in spite of valid service of notice, on behalfof private respondent No. 6.2. The appeal is directed against the order dated 17.1.1995 passed by learned single Judge dismissing the writ application filed by the petitioner challenging the order passed by the Collector in Miscellaneous Revenue Appeal No. 1 of 1992, setting aside the order of settlement of land made in favour of the appellant-petitioner by the Additional Collector by order dated 20.12.1991.3. The dispute in this case relates to land of Plot No. 1543 area 17 dec. and Plot No. 5544 area 24 dec. situate in village Puraini in the district of Madhepura. The said land has been recorded as Gair Mazarua Aam land in the recent Revisional Survey Record of Rights showing the land in unauthorised possession of one Hari Mishra. The appellant, an Army Personnel, applied for settlement of land through proper channel and proposal for settlement was made by the Anchal Adhikari through Sub-Divisional Officer, Uda Kishung...
Tag this Judgment!Sri Bhagwan Das Vs. Bihar State Credit and Investment Corporation Ltd. ...
Court: Patna
Decided on: Feb-19-2004
R.S. Garg, J. 1. Heard learned counsel for the parties.2. The petitioner, a small fry working as a driver with Bihar State Credit and Investment Corporation Limited, was served with a show-cause notice Annexure-2 vide letter No. 3382 dated 26.3.2002. The Managing Director informed the petitioner that the petitioner was absent from his duty on 25.7.1987 and a show-cause notice was issued to him. It was also stated in the notice that he was again absent on 27.4.1991 without any information and a show-cause notice was issued on 4.5.1991. He was also given warning vide Memo No. 7516 dated 3.12.1987. He was also informed vide Memo No. 2789 dated 4.3.2002 that he was to submit his show-cause reply regarding unauthorised absence for two days. The petitioner was issued notice to show-cause as to why because of dereliction in duty and unauthorised absence he be not compulsorily retired.3. The petitioner submitted his reply tendering his unconditional apology and submitted that for the reason...
Tag this Judgment!Rajesh Kumar Pandey Vs. Union of India (Uoi) and ors.
Court: Patna
Decided on: Feb-19-2004
R.S. Garg, J. 1. Heard learned counsel for the parties.2. The petitioner, son of Havildar who died in harness while in the active service, applied for compassionate appointment. He was asked to appear before the committee for his compassionate appointment and unfortunately nothing has been done so, the petitioner has come to this Court.3. The respondents have filed their counter-affidavit alongwith Office Memorandum issued by the Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training), Government of India, New Delhi, alongwith a copy of the scheme for Compassionate Appointment, The object of the scheme is to grant appointment on compassionate grounds to a dependant family member of a government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, to relive the family of the government servant concerned from financial destitution and to help it get over the emergenc...
Tag this Judgment!Rajendra Sharma and anr. Vs. State of Bihar
Court: Patna
Decided on: Feb-17-2004
B.N.P. Singh, J.1. Appellant Rajendra Sharma along with Shankar Dayal Sah (dead) and Prayag Sah suffered conviction under Section 7 of the Essential Commodities Act, for violation of provisions of Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter called as 'Unification Order') and while the appellant was sentenced to undergo rigorous imprisonment for a term of six months, Shankar Dayal Sah and Prayag Sah were sentenced to undergo rigorous imprisonment for a term of three months each. As during pendency of appeal, Shankar Dayal Sharma was reported to be dead, appeal as against him had abated. It was brought to the notice of the Court that no appeal was preferred by other convict Prayag Sah.2. Factual matrix.--Allegedly pursuant to apprehension of one Prayag Sah with a tin of 18 litres of kerosene oil, said to have been purchased from fair price shop of the appellant through his employee Shankar Sah in black market, business premises of the appellant was searched by t...
Tag this Judgment!Jai Lal Yadav and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-16-2004
Chandramauli Kr. Prasad, J.1. This application has been filed for issuance of a writ in the nature of certiorari for quashing the notice dated 5-12-2001 (Annexure-5) whereby a notice in regard to the date and time to consider the no confidence motion against the petitioners has been given. Further prayer made by the petitioners is to quash the resolution dated 12-12-2001 whereby motion of no confidence has been passed against them.2. Shorn of unnecessary details facts giving rise to the present application are that the petitioners were elected as Pramukh and up-Parmukh of Arrah Panchayat Samiti for which the election was held on 11-6-2001. A requisition to convene the meeting of the Panchayat Samiti was given and ultimately by the impugned notice dated 5-12-2001 the Secretary of the Panchayat Samiti issued notices intimating that the meeting of the Panchayat Samiti shall be held on 12-12-2001 to consider the motion of no confidence against the petitioners. Meeting as scheduled was hel...
Tag this Judgment!Satyendra Kumar Manjhi and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-16-2004
Narayan Roy, J.1. Heard counsel for the parties.2. By this application, the petitioners pray for quashing the order dated 11.03.2000, as contained in Annexure 9, whereby and whereunder the representation of the petitioners has been rejected.3. According to the case of the petitioners, they were appointed on Class IV posts vide office order No. 1085 dated 14.07.1979, pursuant to an advertisement issued in the year 1977. The petitioners continued on Class IV posts under respondent No. 3, Joint. Commissioner, Sales Tax Purnea Division, Purnea, and when they became eligible for time bound promotion they requested the authorities to confirm them on Class IV p6sts and grant theme the time bound promotion in accordance with law.4. The prayer of the petitioners was not acceded to. The petitioners thereafter came to this Court in C.W.J.C. No. 8141 of 1998 and this Court after giving sufficient opportunities to the State counsel to file counter affidavit, disposed of the same on 28.07.1999, wit...
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