Patna Court August 2004 Judgments
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Janakdhari Prasad Vs. the State Election Commission
Court: Patna
Decided on: Aug-04-2004
Chandramauli Kr. Prasad, J. 1. This application has been filed for quashing the order dated 29.3.2004 passed by the State Election Commission in Case No. 7 of 2004 disqualifying the petitioner to hold the post of member of the Panchayat Samiti, Nagarnausa.2. Facts lie in a narrow compass.3. While the petitioner was an Assistant Government Pleader, he contested the election and got elected as the Member of Panchayat Samiti, Nagarnausa. Respondent No. 7 herein filed a petition before the State Election Commission, hereinafter referred to as the Commission under Rule 122 of the Bihar Panchayat Election Rules stating therein that the petitioner, being an Assistant Government pleader in Hilsa Sub-Division of the District of Nalanda, is disqualified to be a member of the Panchayat Samiti, in view of Section 139(1) (c) of the Bihar Panchayat Raj Act, hereinafter referred to as the 'Act'. The Commission noticed the petitioner and on consideration of the plea advanced on his behalf as also re...
Baliram Pandey Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-04-2004
R.M. Prasad, J. 1. In this writ petition, the petitioner, who retired as an Assistant Engineer while posted at Gaya in the Road Construction Department on 28.2.2003, is aggrieved on account of withholding of 10% pension, full gratuity and leave encashment in view of the fact that a criminal proceeding under Sections 409, 468 and 469, IPC is pending since 30th July, 1982 and a departmental proceeding is pending since 14.5.1990, which was, however, stayed by this Court vide order dated 20.5.1992 (Annexure-1) passed in the writ petition, bearing CWJC No. 4329 of 1991 filed by him, till such time the criminal proceeding is not concluded. The Court further directed that if after investigation, no charge sheet is submitted against the petitioner, it will be open to the respondents to proceed with the departmental proceeding.2. A counter affidavit on behalf of the State and its officials (respondents No. 1 to 4 and 6) has been filed in which it is stated that the vigilance Department has sub...
Vimal Kumar Jha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-04-2004
R.S Garg, J. 1. Heard learned counsel for the parties.2. The petitioner's father disappeared somewhere in the year 1983 and since thereafter the petitioner is running from pillar to post submitting that there is a legal presumption of civil death of the person, who has not been heard by the persons who should know his whereabouts within a period of 7 years, therefore, the petitioner would be entitled to appointment on compassionate ground. On an earlier occasion, the petitioner came to this Court in CWJC No. 998 of 1999 which was disposed of on 18.12.2000; the Court refused to interfere in the matter but, however, observed that no FIR was lodged after the employee became traceless and that the authorities were asking the petitioner to produce the succession certificate in that regard. The Court also observed that no specific orders can be passed but if the petitioner obtairs such succession certificate then he may approach the authority, who will pass a reasoned order thereon. The pet...
Dr. Sachchidanand Singh Alias Sachidanand Prasad Singh Vs. the State o ...
Court: Patna
Decided on: Aug-04-2004
R.M. Prasad, J. 1. In this writ petition, the petitioner has assailed the validity of the order of the Accountant General, Bihar, Patna (respondent No. 3), contained in memo No. 419 dated 8.1.2002 (Annexure-3), issued by the Accounts Officer, whereby and whereunder a sum of Rs. 22,047.60 paise paid to him as non-practising allowance has been deducted from the leave encashment payable to him after his retirement, as, according to respondent No. 3, the same was inadmissible.2. It appears that the petitioner earlier also came to this Court in CWJC No. 13604 of 2001 for payment of his retiral dues, which was disposed of vide order dated 15.12.2001 (Annexure-1). Later, he filed MJC No. 876 of 2002 for initiating contempt proceeding for non-compliance of the said order.3. In view of the order dated 15.6.2002 annexed as Annexure-C to the show cause filed on behalf of the opposite partres in the said MJC, which is Annexure-C to the counter affidavit filed on behalf of respondent Nos. 1 and 2 ...
Muneshwar Prasad Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-04-2004
Aftab Alam, J. 1. The petitioner is a retired employee of the Bihar State Electricity Board. He has filed this writ petition challenging office order No. 3383, dated 10.7.2001 (Annexure-4). By that order the Board held and found that the petitioner, during his service tenure, was responsible for causing loss amounting to Rs. 1,80,026.25 and took the decision, in purported exercise of power under Rule 139 of the Bihar Pension Rules, to recover the amount of loss suffered by the Board from the gratuity and pension payable to him. Following the Board's decision the Finance Controller by communication dated 21.8.2001 (Annexure-4/A) informed the Electrical Executive Engineer, Jehanabad that Rs. 53,985/-sanctioned as gratuity to the petitioner was fully adjusted against the amount recoverable from him and the balance of the Board's dues should be recovered by deducting half of his pension on a monthly basis.2. The facts of the case are simple and brief. The petitioner retired from service ...
Sitaram Singh and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-04-2004
Chandramauli Kr. Prasad, J. 1. Initially this writ application was filed for quashing the notice dated 22.2.2003 issued by the Executive Officer communicated to the members that a special meeting to consider the no confidence motion brought against the Pramukh and Up-Pramukh shall be held on 28.2.2003. Thereafter, the no confidence motion has been passed and their prayer is to quash the said resolution.2. Shorn of unnecessary details, facts giving rise to the present application are that the petitioner's are Pramukh and Up- Pramukh of Panchayat Samiti Narhat. A notice was given by the members to convene special meeting to consider the no confidence motion against the petitioners. The Executive Officer, by the impugned notice dated 22.2.2003 (Annexure-3), conveyed to the members that the meeting to consider the no confidence motion shall be held on 28.2.2003. In the meeting so held, no confidence motion was passed against the petitioners and during the pendency of the application, it i...
Lodipur Shramik Swawlambi Sahkari Samiti Limited Vs. the State of Biha ...
Court: Patna
Decided on: Aug-03-2004
Chandramauli Kr. Prasad, J. 1. This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to make proportionate reduction of the bid amount offered by the petitioner for settlement of the Sand-Ghat. Further prayer made by the petitioner is to quash the order dated 7.9.2002 (Annexure-5) passed by the Collector forfeiting the amount deposited by it and the order dated 22.8.2003 (Annexure-6) passed by the Commissioner affirming the same.2. Shorn of unnecessary details facts giving rise to the present application are that an auction was held on 11.12.2001 for settlement of Sand-Ghat, namely, Rampur Bindgawam. Balwan Tola, Singhi Khas Mahal situate in the district of Saran for the calender year 2002 i.e. 1.1.2002 to 31.12.2002. Petitioner offered to take the settlement for a sum of Rs. 17,05,000/- which was the highest bid. When no order for settlement was issued, petitioner filed application before the Mines Commissioner, inter alia, prayin...
Shiva Shankar Choudhary Vs. State of Bihar
Court: Patna
Decided on: Aug-03-2004
Chandra Mohan Prasad, J.1. This appeal is directed against the judgment dated 7th March 1992, passed by the Special Judge, Darbhanga, in trial No. 88 of 1980 whereby the appellant has been convicted under Section 7 of the Essential Commodities Act and he has been sentenced to undergo rigorous imprisonment for six months.2. Besides the appellant one other accused Amresh Choudhary also faced trial before the trial Court but he (Amresh Choudhary) was acquitted and the appellant has been convicted and sentenced as above. The prosecution case is based on Ext. 1, fardbeyan of the informant wherein he alleged that Amresh Choudhary who was a P.D.S. dealer had lifted ten bags of sugar for selling in black market and that the sugar was loaded on a bullock cart which was being driven by the appellant. He further stated that in the morning he saw Amresh Choudhary talking with some persons regarding the sale of the sugar which was being carried on the cart. The informant stopped it and gave a writ...
Rashmi Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-02-2004
Narayan Roy, J.1. Heard counsel for the parties.2. The writ petitioners have prayed for issuance of direction upon the respondents to declare their result, which is said to have been cancelled by the Bihar School Examination Board (hereinafter to be referred to as 'Board').3. It is submitted by learned counsel for the petitioners that the petitioners had appeared in 2004 matriculation examination through T. K. Ghosh Academy, Patna and their fees, forms etc. were accepted by the respondent Board and admit cards were issued but result of the petitioners, however, was withheld and the petitioners came to know from the concerned school that though they have passed the matriculation examination, their results have been withheld.4. Mr. J.P. Shukla, learned counsel for the respondent Board, submits that the petitioners subsequently were not found to be genuine students and on the basis of the report submitted by the District Education Officer, contained in annexure E to the counter affidavit...
Parmanand Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-02-2004
Chandra Mohan Prasad, J. 1. The appeal is against the judgment dated 3rd March, 1992 of the 6th Additional Sessions Judge, Patna passed in Sessions Trial No. 507 of 1985 /22 of 1987, whereby each of the four appellants Parmanand Singh, Krishna Singh, Hare Kishun Singh and Arjun Singh was convicted under Sections 324 and 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months each under each of the two counts. Appellants Singhasan Singh and Hulash Singh were convicted under Sections 323 and 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months each under each of the two counts. Appellant Raj Ballam Singh was convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three months. 2. The prosecution case, vide the fard-beyan (Ext-1) recorded on the statement of informant Shambhu Singh on 16th March 1984 at 10:30 A. M. in Bakhtiarpur Hospital is that, that day (16-3-1984) at 7:0...
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