Patna Court March 2005 Judgments
Nagendra Prasad Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-24-2005
Mridula Mishra, J.1. Heard learned counsel for the petitioner and the counsel appearing for the respondents.2. This application has been filed by the petitioner for revision of his pension for the post of Assistant Engineer (Mechanical) with effect from 1.5.1997 and also for payment of gratuity, leave encashment in revised pay scale of Assistant Engineer according to the Central Pay Revision Committee report.3. The brief facts of this case are that the petitioner retired on 30.4.1997 as Junior Engineer (Mechanical) from Irrigation Mechanical Circle, Mithapur, Patna. Initially the petitioner was appointed as Overseer in the River Valley Project on 8.7.1961. He was reverted to the post of Sub Overseer as he failed to produce his diploma certificate. In the year 1969 he was again promoted to the post of Overseer. The Government merged the cadre of all Junior Engineer of River Valley Project, Irrigation Department and Minor Irrigation Department and thereby constituted combined cadre of J...
Tag this Judgment!Agricultural Produce Market Committee Vs. Commissioner of Income-tax a ...
Court: Patna
Decided on: Mar-23-2005
1. Heard learned Counsel for the petitioner and learned Counsel for the Income-tax Department.2. Admittedly, the appeal is pending. It is stated by learned Counsel for the petitioner that when prayer for stay was made during pendency of the appeal, an oral observation was made by the appellate authority that the appellate authority has no power to grant stay. Once the appeal is pending, every court has power to pass an order of stay to do justice otherwise there will be miscarriage of justice in some cases. The matter is settled that the appellate authority even in the absence of a specific provision has power vested in it by virtue of being an authority to grant stay in appropriate cases. It is one thing to say whether stay is to be granted or not but to say that the appellate authority has no power to grant stay, in our view, does not appear to be correct one.3. Accordingly, if the proper application is filed before the appellate authority, the appellate authority will exercise its ...
Tag this Judgment!Grishnath Dubey Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-23-2005
Chandramauli Kumar Prasad, J.1. This application has been filed for issuance of a writ in the nature of certiorari for quashing the order as contained in memo dated 27th of August, 2004 (Annexure-14) whereby the petitioner's adjustment as clerk by memo dated 8.7.1991 (Annexure-10), has been cancelled and excess salary paid to him on account of his adjustment as clerk has been directed to be recovered.2. Shorn of unnecessary details facts giving ruse to the present application are that the petitioner's father was a teacher posted in Primary School and died while in service on 1.7.1980. Petitioner passed the Secondary School Examination, conducted by the Bihar School Examination Board, held in the year 1984 and thereafter, applied for appointment on compassionate ground. Prayer of the petitioner for appointment on compassionate ground was considered by the District Compassionate Committee in its meeting held on 2.9.1988 (Annexure-2) and it resolved to appoint him to a class IV post. In ...
Tag this Judgment!Ashok Kumar Singh Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-23-2005
Navin Sinha, J.1. Heard learned counsel for the petitioner and the learned counsel for the State.2. The writ application assails the order dated 18.12.1987 at Annexure-2. The impugned order reverts the petitioner to the post of chaukidar from the post of Lower Division Clerk.3. By an order dated 9.12.1980 the petitioner was promoted provisionally/ temporarily to the post of Lower Division Clerk from the original post of chaukidar. Learned counsel for the petitioner submitted that the order of reversion was punitive in nature and was passed in pursuance of an alleged departmental proceeding of which he had no notice. No memo of charges were ever served upon the petitioner, much less service of a second show cause notice before imposition of the punishment.4. In defence of the institution of the writ application on 10.9.1999, when the impugned order be dated 18.12.1987. Learned counsel for the petitioner sought to place reliance upon the judgment of the Supreme Court reported in AIR 198...
Tag this Judgment!Kamla Kuer Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-22-2005
Mridula Mishra, J.1. Heard learned counsel for the petitioner and the counsel appearing for the State.2. Instant writ application has been filed for quashing the order dated 3.9.2001, passed by the Subdivisional Officer Mohania (Annexure-2) and the Gazette Notification dated 20.11.2001 publised under Section 15 (1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter to be referred to as the Ceiling Act) Annexure-2/A and further for commanding the respondents to forebear from interfering with the possession of the petitioner over the land in question.3. Facts leading to the present application is that a Ceiling proceeding No. 12 of 1970-71 was initiated against the land holder Bhagirathi Devi wife of Sheo Kumar Tiwary and mother of present petitioner. This proceeding was initiated with respect to 120.40 acres of land appertaining to R.S. Khata No. 238,264,265 and 420 situated in village Barhupar and Khata No. 56 situated in village Tila...
Tag this Judgment!Laxman Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-22-2005
Mridula Mishra, J.1. This application has been filed by the petitioners to allow him to retain the lands purchased by him in the year 1987 from the land holder which has been declared as surplus and it should be treated as the land opted by the land holder under Section 9(2) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act and some other land allotted to the unit of the land holder should be declared as surplus.2. A counter affidavit has been filed by the State wherein detail of some land of village Khusi Tola has been given, which were transferred by the land holder after obtaining sanction and which has been allowed to be retained by the land lord in the Ceiling Proceeding. Counsel appearing for the State submits that the landlord is not left with any land which can be declared as surplus in exchange of the petitioner's land treating it to be the land declared by the landlord or those lands which has been allotted in the unit of the landlord h...
Tag this Judgment!Arjun Trivedi Vs. Food Corporation of India and ors.
Court: Patna
Decided on: Mar-22-2005
Mridula Mishra, J.1. Heard Mr. Binod Shankar Tiwary, counsel for the petitioner and Mr. Prabhkar Tekriwal counsel appearing for the Food Corporation of India.2. This application has been filed for a direction to the respondents to fix final pension payable to the petitioner as well as to pay the entire arrears of pension, gratuity, arrears of salary and other post retiral benefits along with statutory interest.3. In he year 1959 the petitioner was appointed in the capacity of IVth grade employee in the Department of Food, Government of India. In the year 1967 his services were transferred to Food Corporation of India. He opted for leave, provident fund, retirement and other terminal benefits admissible to the Central Government employees and the said option was duly entered into the service book of the petitioner under proper registration of the competent authority. After retirement of the petitioner on 31.1.1998 a letter was issued under the signature of Assistant Manager (Pension) f...
Tag this Judgment!Uday Kumar Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-21-2005
1. All the four appeals being LPA Nos. 535, 537, 1003 and 1027 of 2004 arise against the common order dated 7.4.2004 passed in CWJC Nos. 1211 of 2004 and 1213 of 2004 by which the learned single Judge has quashed the order passed by the State Government contained in letter No. 101/M dated 20th January, 2004 issued under the signature of the Deputy Secretary, Mines and Geology Department for holding of the limited reauction for quarry of the three disputed Blocks, namely, Block No. 5-E, 10-J and 3-C situate at villages Amara and Basa of Amara Karbandiya Hills in the district of Rohtas, the resultant effect of which was that the acceptance of the tender in favour of Shree Durga Organisation and another, writ petitioners in CWJC No. 1211 of 2004 and Jai Shankar Construction and another, writ petitioners in CWJC No. 1213 of 2004 for quarry of the aforesaid three Blocks was held to be valid one.2. LPA No. 535 of 2004 filed by the intervenor Uday Kumar Singh and LPA No. 1003 of 2004 filed b...
Tag this Judgment!State of Bihar Vs. Durga Pd. Saha and ors.
Court: Patna
Decided on: Mar-21-2005
1. This Govt. appeal against acquittal of respondents, namely, Durga Pd. Saha, Lalit Chandra Shaha and Rajesh Kumar Saha, along with a petition under Section 5 of the Limitation Act (hereinafter referred to as 'the Act') with a prayer to condone the delay in filing this appeal has been filed by the State of Bihar.2. It appears that respondent No. 1 Durga Pd. Saha was tried for offences under Sections 376, 302, and 201 I.P.C. and respondents 2 and 3, namely, Lalit Chandra Saha and Rajesh Kumar Saha, were tried for the offences under Section 201 I.P.C. only in Sessions Trial No. 296/82. On consideration and appreciation of the evidences on record, learned trial Court, i.e., Sri Kashi Nath Roy, 6th Additional Sessions Judge, Bhagalpur, finding that the prosecution miserably failed to prove and establish the charges against the aforesaid respondents found them not guilty and acquitted them for the above charges.3. Leave for filing this Govt. appeal was granted vide order dated 16-8-1988 c...
Tag this Judgment!Bihar State Co-operative Bank and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Mar-21-2005
Nagendra Rai, Actg. C.J.1. This appeal is directed against the order dated February 10, 2005 passed in CWJC No. 9436 of 2004 by which the learned single judge quashed the notice issued by the respondent-Registrar, Co-operative Societies, Government of Bihar, Patna, vide Memo No. 4054, dated July 23, 2004, to the writ petitioners-respondents to show cause why the board of directors of the Patliputra Central Co-operative Bank Ltd. (hereinafter referred to as 'Patliputra Bank') be not suspended. While quashing the aforesaid notice, his Lordship went to the question of validity of the order dated July 5, 2004 passed by the managing director of the Bihar State Co-operative Bank Ltd. (hereinafter referred to as 'co-operative bank') an apex bank of the Patliputra Bank, whose chairman and director are the writ petitioners-respondents before this Court directing de-affiliation of the Patliputra Bank from the apex bank and also ordering supersession of its voting rights with immediate effect, a...
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