Patna Court February 2005 Judgments
Yogendra Roy Vs. State of Bihar
Court: Patna
Decided on: Feb-16-2005
V.N. Sinha, J.1. Heard learned counsel for the petitioner and learned counsel for the respondents.2. This application is directed against the order 7.7.1999. (Annexure-13), whereunder the petitioner on the approval of the State Government has been dismissed from service although the order has been issued under the signature of the Deputy Secretary.3. The petitioner, who at the relevant time in March 1989 was posted as the Junior Engineer in the Main Western Canal Division, Gandak Project, Balmikinagar was placed under suspension in contemplation of a departmental proceeding on account of breech in the said main canal vide order bearing number 244 dated 10.8.1990 (Annexure-1). Later, the departmental proceeding was initiated against him under resolution of the Government bearing number 2827 dated 16.11.1990, Annexure-2 perusal whereof indicates that Sri P.P. Singh, Chief Engineer, Planning and Monitoring, Water Resources Department, Patna was appointed as the enquiry officer and the pe...
Tag this Judgment!Parshuram Tiwary Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-16-2005
Narayan Roy, J.1. Heard counsel for the parties.Basically a grievance has been made against the order, as contained in Annexure 4, whereby and whereunder the respondent authorities have proceeded to recover the excess amount paid to the petitioner on account of promotion given to him.2. It is submitted by learned counsel for the petitioner that it is not a case, where several times promotions were given to the petitioner and, thus, he is entitled for first time bound promotion on the post of Sub-Inspector of Excise. It is also submitted that the authorities have proceeded to recover the excess amount from the petitioner without affording an opportunity of hearing to him and thus, the order impugned must be held to be violative of the principles of Natural Justice.3. It appears from Annexure 4 that directions were issued to recover the excess amount from the pensionary benefits of the petitioner. However, it is not discernible from Annexure 4 as to whether any prior notice was given to...
Tag this Judgment!Khwaja Ghulam Rashool Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-15-2005
Narayan Roy, J.1. Heard counsel for the parties.2. The writ petitioner is desirous of issuance of direction upon the respondents to grant him junior selection grade and senior selection grade scales with effect from 1.4.1988 and 1.2.1992, respectively.3. Precisely, it is submitted by learned counsel for the petitioner that the petitioner had become eligible for the junior selection grade scale with effect from 1.4.1988, but for the reasons best known to the authorities his claim was never considered nor due promotion was granted.4. However, a plea has been taken by the respondents that since a departmental proceeding and a criminal case are pending against the petitioner, his claim would not be sustainable.5. Learned counsel for the petitioner points out that the matter pertaining to grant of junior selection grade and senior selection grade was placed before the authorities and the authorities vide decision dated 22.06.2001 withheld the promotion of the petitioner on the ground of de...
Tag this Judgment!Mahendra Narayan Sharma Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-15-2005
Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the order dated 17.6.2003 passed by the Civil Surgeon-cum-Chief Medical Officer, Begusarai whereby the petitioner's appointment as Clerk has been cancelled with immediate effect.2. Shorn of unnecessary details facts giving rise to the present application are that the petitioner happens to be husband of one Meena who was working as A.N.M. and died on 25.5.1991 while in service. Petitioner filed an application for grant of appointment on compassionate ground. The Civil Surgeon-cum-Chief Medical Officer, Begusarai forwarded the matter to the District Magistrate by its letter dated 29.5.1992, who rejected the proposal for appointment on compassionate ground. Thereafter, the State Government through its Personnel and Administrative Reforms Department came out with a resolution dated 5.10.1991 which made the husband eligible for appointment on compassionate ground on the death of his wife. Taking note of the same the...
Tag this Judgment!Binod Kumar Verma Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-14-2005
Narayan Roy, J.1. Heard counsel for the parties and considered the counter affidavit filed on behalf of the respondents.2. The order, as contained in Annexure 1, issued vide Memo No. 2434 dated 27th September, 2001, is under challenge, whereby and whereunder the petitioner has been terminated.3. It is submitted by learned counsel for the petitioner that the petitioner by virtue of order, as contained in Annexure 4, was appointed in the Directorate of Adult Education, but he is being terminated as an employee of Non-formal Education Scheme. It is further submitted that one Radhey Shyam Sharma, who was also co-appointee along with the petitioner vide Annexure 4, and was terminated showing him an employee of Non-Formal Education Scheme, had approached this Court in C.W.J.C. No. 12182 of 2003. The aforesaid writ application was disposed of and the order of termination was quashed with a direction to reinstate him with all consequential monetary benefits. It is further submitted that same ...
Tag this Judgment!Dashrath Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-14-2005
V.N. Sinha, J.1. Learned counsel for the petitioner has filed second supplementary affidavit whereunder he has stated that no action whatsoever has been taken against the Block Development Officer under whom petitioner served as a Nazir in Aurangabad Block. Let the said second supplementary affidavit filed today be taken on record.2. Heard learned counsel for the petitioner and the State.3. Petitioner who served as a Nazir in Aurangabad Block has filed this writ application challenging the order bearing Memo No. 546 dated 14.10.1992, Annexure-10 whereunder he has been dismissed from service. He has further assailed the order bearing Memo No. 964 dated 21.6.1995, Annexure-11 whereunder the appeal filed against the dismissal order dated 14.10.1992 has also been dismissed. The aforesaid two orders were assailed before the Member, Board of Revenue Bihar Patna by filing appeal on 20.9.1995 against the aforesaid two orders. While the said appeal before the Board of Revenue remained pending ...
Tag this Judgment!Yogendra Thakur and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-14-2005
Narayan Roy, J.1. Heard counsel for the parties2. Both these writ applications since involve common questions of facts and law, the same have been heard together and are being disposed of by this order.3. The petitioners have prayed for issuance of direction upon the respondents to regularise their services oh Class IV posts.4. It is admitted fact that most of the petitioners are still working on daily wage basis.5. Learned counsel for the petitioners submitted that several posts of Class IV employees are lying vacant even after bifurcation of the State of Jharkhand and though the petitioners are working on daily wages, they are not being considered for their regularisation. It is further submitted that clear facts are not being brought on record by the respondents and they are not identifying the actual vacant posts of Class IV employees. It is further submitted that similarly situated persons are working on daily wages and this Court directed the authorities to frame scheme for abso...
Tag this Judgment!Deo Nath Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-11-2005
Chandramauli Kr. Prasad, J.1. This application has been filed for issuance of a writ in the nature of certiorary for quashing the order dated 11th of November, 1999 (Annexure-12) whereby the service of the petitioner as Assistant Teacher has been terminated.2. Facts necessary for the decision of the present writ application are that by order dated 15th of June, 1985 (Annexure 1), petitioners were appointed as Assistant Teacher in Matric untrained scale and posted at Government Basic School, Dharampur, in the district of Samastipur. Lateron, by order dated 3rd of June, 1989 (Annexure 3), services of 26 teachers were terminated which included Nirmala Sinha, Suresh Chandra Jha, Ramprit Thakur, Ramesh Kumar Mishra, Md. Ashfaque, Renu Kumari, Mahboob Alam, Amir Chandra Manjhu, Abdul Karim, Dinesh Chandra Pandey, Ujagar Mahto, Quamruzzaman and Amrendra Bahadur as also the petitioner. Petitioner, Deo Nath Singh, aggrieved by the same, preferred CWJC No. 6469 of 1989 before this Court. It see...
Tag this Judgment!Hare Ram Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-11-2005
Chandramauli Kumar Prasad, J.1. This application has been filed for issuance of a writ in the nature of certiorary for quashing the order dated 1st of November, 1999 (Annexure-10) whereby the Headmaster of the School where the petitioner was working has been asked not to take work from the petitioner and stop payment of salary.2. Facts necessary for the decision of the present writ application are that by order dated 13.1.1986 (Annexure-4), petitioner was appointed as Assistant Teacher in Matric untrained scale arid posted at Government Basic School, Shore Jairam, in the district of Samastipur. Lateron, by order dated 3rd of June, 1989 services of 26 teachers were terminated which included Nirmala Sinha, Suresh Chandra Jha, Ramprit Thakur, Ramesh Kumar Mishra, Md. Ashfaque, Renu Kumari, Mahboob Alam, Amir Chandra Manjhu, Abdul Karim, Dinesh Chandra Pandey, Ujagar Mahto, Quamruzzaman and Amrendra Bahadur as also the petitioner. In view of the interim order passed by this Court in the w...
Tag this Judgment!Bharat Prasad and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-11-2005
Mridula Mishra, J.1. Petitioners are the purchasers and the order dated 22.10.1990 passed by the Additional Member Board of Revenue in revision case No. 183 of 1999 is under challenge. By this order the revisional authority has set aside the order passed by the Additional Collector, Gopalganj, in Appeal No. 9 of 1991. Petitioners have also challenged the order passed by the D.C.L.R., Gopalganj, in Land Ceiling Case No. 33 of 1987-88 by which pre-emption application of respondent No. 7 has been allowed.2. Petitioners have purchased the land appertaining to khata No. 70, plot No. 516 measuring 1 katha 2 dhoors situated in village Santpur through a registered sale deed dated 26.9.1987 from respondent No. 8 Sheo Shankar Singh. On completion of the registration of the sale deed, respondent No. 7 filed pre-emption application under Section 16(3) of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the 'Act') and case No. 33 o...
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