Patna Court April 2005 Judgments
Sunil Kumar and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-04-2005
Narayan Roy, J.1. Heard counsel for the parties and considered the counter affidavit filed on behalf of the respondents.2. The petitioners have prayed for direction upon the respondent authorities to confirm them on the posts of clerk with effect from the date of their initial appointment and to pay them all consequential monetary benefits.3. It is submitted by learned counsel for the petitioners that the petitioners after due advertisement were appointed by the Joint Commissioner, Commercial Taxes, on the posts of clerk-cum-typist in the year 1979. It is further submitted that the petitioners were appointed after obtaining the roster clearance etc. and since then they are continuing on the posts of clerk, but till date they have not been confirmed on the posts of clerk with effect from their initial date of appointment, as they are required to be confirmed within a period of three years from the date of their appointment.4. It is also contended by Dr. Jha, learned counsel for the pet...
Tag this Judgment!Vijayendra Kumar Vs. State of Bihar
Court: Patna
Decided on: Apr-04-2005
Manohar Lal Visa, J.1. This appeal has been filed by sole appellant Vijayendra Kumar challenging the judgment and order dated 4-2-1989 passed by Special Judge, C.B.I. (South Bihar), Patna in Case No. 11 of 1982 convicting and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 10,000/-, in default to undergo rigorous imprisonment for six months under Section 409 of Indian Penal Code (In short 'I.P.C.') and rigorous imprisonment for one year under Section 477A of I.P.C. Both the substantive sentences have, however, been ordered to run concurrently. Appellant has further been convicted under Sections 5(1)(c) and 5(1)(d) read with Section 5(2) of Prevention of Corruption Act (In short 'P.C. Act') but no separate sentence for this offence has been imposed. 2. The case of prosecution, as disclosed in the first information report recorded by Shri K.N. Gupta, Inspector of Police, S.P.E., C.B.I. Patna, in short, is that information through a Kumar, A G III (...
Tag this Judgment!Dashrath Bhuiyan Vs. State of Bihar
Court: Patna
Decided on: Apr-04-2005
Syed Md. Mahfooz Alam, J.1. This criminal appeal is directed against the Judgment dated 20.6.2002 and order dated 21.6.2000 passed in Sessions Trial No. 52/2000/374/2000 (SJ) by 5th Additional Sessions Judge, Gaya, Sri Ram Pravesh Sharma whereby he has been pleased to convict the sole appellant Dashrath Bhuiyan under Sections 306 and 498A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years under Section 306, IPC and rigorous imprisonment for three years under Section 498A of the IPC.2. The prosecution case, as per the Fardbeyan of Kuleshwari Devi, wife of late Bhuneshwar Bhuiyan of village Monia, P.S. Imamganj, District Gaya recorded by A.P. Mandal, O/C, Banke Bazar, Gaya on 8.10.1999 at 8.15 hours at village Singhpur Tola Naukadih, Police Station Imamganj, in brief, is that the informant's daughter Lalti Devi was married with appellant Dashrath Bhuiyan about 10 to 15 years ago. From the said marriage she gave birth to a male child aged about 5-6 ...
Tag this Judgment!Dharmendra Sah Gond Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-04-2005
Narayan Roy, J.1. Heard counsel for the parties.2. Initially this writ application was filed for issuance of direction upon the respondents to -appoint the petitioner on the post of constable in Bihar Military Police-10, Patna on the basis of his selection letter, as contained in Annexure-5.3. It is submitted by learned counsel for the petitioner that initially the petitioner was selected for appointment on the post of constable in B.M.P.-10 and appointment letter, as contained in Annexure-5, was issued. However, the petitioner was not appointed, which necessitated him to come to this Court in this writ application.4. A counter affidavit has been filed on behalf of the State stating therein that the petitioner had applied for his appointment under scheduled tribe category annexing therewith a certificate showing that he belonged to Gond caste and on verification it was found that the petitioner does not belong to scheduled tribe, rather he belonged to extremely backward caste category...
Tag this Judgment!Amirchand Paswan Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-04-2005
Navin Sinha, J.1. The learned counsel for the petitioner and the learned Counsel for the State.2. The writ application assails the order dated 10.5.2003 passed by the respondent No. 1. The impugned order visits the petitioner with an order of punishment of (a) Censure of the years 2001-2002, (b) recovery of a sum of Rs. 56,690/- from this salary with regard to salary payment from government funds and (c) release from suspension with retrospective effect from 30.9.2002, only subsistence allowance to be paid for the period of suspension but for the purposes of pension and promotion the period of suspension be counted as service. The petitioner also assails the consequential office order at Annexure 2 dated 9.6.2003 by which certain recoveries have been directed to be affected from him.3. The petitioner while posted as Head Clerk was served with a memo of charges which stated that certain named employees on the basis of a forged transfer order and records between the period March 1983 to...
Tag this Judgment!Md. Manzoor Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-01-2005
Narayan Roy, J.1. Heard counsel for the parties.2. Substantially, the grievance of the writ petitioner is that though he is working on the post of senior mechanic, which is equivalent to grade I, he is not getting the revised scale of Rs. 4500-7000.3. It is submitted by learned counsel for the petitioner that by virtue of 6th Pay Revision Committee report dated 1.1.1996 the replacement scale of senior mechanic is Rs. 4500-7000, whereas the petitioner has been placed in scale of Rs. 3050-4590.4. According to the affidavits filled on behalf of the State, the petitioner is working as junior mechanic grade I and as per the 6th Pay Revision Committee report, he is getting the replaced scale of Rs. 3050-4590.5. However, learned counsel for the petitioner contended that post of senior mechanic is equivalent to Mechanic Grade I and as per 6th Pay Revision Committee report, the petitioner is entitled for the replacement scale of Rs, 4500-7000.6. No supporting document, however, has been brough...
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