Patna Court November 2006 Judgments
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Shree Ram Swara Centre Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-03-2006
Navaniti Pd. Singh, J.1. Heard the parties.2. Initially this writ application was directed challenging the action of respondent-State Bank of India Agriculture Development Branch, Saran, in initiating certificate proceeding for recovery of its dues as against the petitioner. One of the grounds for challenge the certificate proceeding was that the stocks of the petitioner were insured by the State Bank of India through New India Insurance Company. Chapra. Petitioner's stocks were damaged entitling him to raise the claim. He had raised the said claim but the same was rejected by the insurance company aforesaid in respect thereof. He had moved the District Consumer Forum and failed to get relief therefrom and thereafter the petitioner moved the State Commission for redressal of its gricvance where also he failed to get the relief. He wanted the said amount which he was entitled to get from the Insurance Company to be set out against his liability as being sought to be enforced to the cer...
Shashi Kapoor Paswan Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-03-2006
Shiva Kirti Singh, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. By impugned order contained in memo No. 1085 dated 8-6-2002 (Annexure-11) issued by Deputy Inspector General of Police, Central Range. Patna petitioner has been dismissed from service on the basis of finding of guilt recorded by Enquiry Officer in a departmental proceeding.3. Petitioner who was Sub-Inspector of Police was admittedly served with memo of charges contained in annexure-3 and submitted his explanation as required by the authorities but the grievance of the petitioner is that the was never given any intimation regarding actual holding of the departmental enquiry and therefore, he could never appear and participate in the departmental enquiry. Petitioner has stated on affidavit that he received annexure-7 a notice dated 22-8-2001 on 12-9-2001 much after the date of the proceeding shown as 27-8-2001. It appears that enquiry was concluded by the Enquiry Officer on 30th August....
Ram Yatan Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-03-2006
Sudhir Kumar Katriar, J.1. Heard Mr. Awadhesh Kumar Mishra for the petitioner, and Mr. Rajesh Kumar Singh, learned Junior Counsel to AAG II. This writ petition has been preferred for issuance of a writ of certiorari to quash order No. 257, dated 16.3.2002 (Annexure 15), of the Government of Bihar in the Department of Personnel & Administrative Reforms, issued under the signature of Deputy Secretary of the Department, whereby the petitioner's pension to the extent of 100% has been withheld.2. According to the writ petition, the petitioner was at the relevant time posted as Registrar in the Department of Excise, and subsequently as Under Secretary in the Department of Minor Irrigation, Govt. of Bihar. He was the Drawing & Disbursing Officer at both the places. On account of huge withdrawals in unauthorised manner during his two postings, the appropriate authority had directed the petitioner to lodge a report prepared by it with the Cabinet (Vigilance) Department, prepared by the appropr...
Budhadeo Prasad Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-03-2006
Shiva Kirti Singh, J.1. Both these writ petitions have been heard together because they have been preferred by the same petitioner and involve common questions of law and facts and are being disposed of by this common order after hearing the parties in detail at the stage of admission itself.2. The first writ petition was filed in the year 2000 whereby the petitioner has questioned grant of time bound promotion from the post of Lecturer to that of Reader with effect from 18.6.1990 instead of 1.6.1987 and in relation thereto he has prayed for quashing of orders dated 14.10.1995 (Annexure-2) and the order dated 23.2.2000 (Annexure-1). The second writ petition filed in the year 2001 contains a prayer for quashing an order contained in letter dated 5.9.2001 (Annexure-1) passed by the Vice Chancellor of the LN Mithila University by which he has made respondent No. 4 of that as Professor Incharge of MKS College, Chandauna on the ground that it ignores petitioner's seniority earned on the ba...
Shankar Sah and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-03-2006
Chandramauli Kr. Prasad, J.1. Appellants, being aggrieved by and dissatisfied with the judgment and order dated 7-2-2001 passed by the 1st Additional Sessions Judge, East Champaran, Motihari in Sessions Trial No. 476 of 1984, have preferred this appeal.2. Appellant No. 6-Sri Narayan, by the said judgment has been found guilty of offence under Sections 148 and 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and life respectively, while rest of the appellants have been found guilty of offence under Sections 147, 323 and 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year, three months and life respectively.3. According to the First Information Report lodged by Janak Sah (P.W. 5) on 24-6-1982 at 11 a.m. at Sadar Hospital, Motihari, the case of the prosecution is that a day prior to the incident, exchange of hot words took place between his family and that of appellant No. 2-Mangar Sah and on account thereo...
Raja Ram Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-02-2006
Aftab Alam, J.1. The petitioner who was a constable in the Bihar Military Police IX, Jamalpur was dismissed from service on charges of gross indiscipline, cheating, getting appointment on a vacancy reserved for Scheduled Castes by concealing and misrepresenting his caste and for conduct-unbecoming of a good constable.2. The substance of the charge against the petitioner was that though he was the natural son of parents belonging to Barber (Nai) caste, at the time of appointment he fraudulently represented himself to belong to Dusadh caste (one of the Scheduled Castes) and was thus able to secure employment by cheating. As a result of his name being included in the list of Scheduled Castes constables, he also got a chance to participate in the Senior Promotion Course. Later, on enquiry being made at his home address, the fraud came to light. On the aforesaid charges, the petitioner was subjected to departmental enquiry No. 33 of 2000. The petitioner admitted that he was indeed the natu...
Sri Nagendra Jha Vs. the State of Bihar and ors. and Kameshwar Singh D ...
Court: Patna
Decided on: Nov-02-2006
Barin Ghosh and Ajay Kumar Tripathi, JJ.1. On 18th October, 1976, the Government came out with a policy whereby and under it decided that the colleges imparting Up-Shashtri Course for two years duration shall be entitled to appoint eight teachers. The Government, however, did not prescribe as to teach what subjects, how many of such teachers may be appointed. In the said policy decision dated 18th October, 1976, the Government at the same time prescribed that the colleges imparting Shashtri Course of three years duration shall be entitled to engage 10 teachers. It added that of those 10 teachers, two shall be engaged for imparting education in Sahitya, two for Vyakaran and two for other Shashtra subjects and the remaining four shall be Non-Sanskrit teachers. There is no dispute that Veda is one of the Shashtra subjects. The said policy dated 18th October, 1976 did not clarify as to how many teachers may be appointed by a college imparting both Up-Shashtri Course as well as Shashtri Co...
Amar Nath Das Vs. the State of Bihar
Court: Patna
Decided on: Nov-02-2006
Syed Md. Mahfooz Alam, J.1. This is an application for grant of regular bail filed on behalf of petitioner, Amar Nath Das, an employee of the Punjab National Bank posted at P.N.B. Main Bazar Branch, Katihar, and who is an accused in Complaint Case No. 499 of 2005 instituted under Sections 406 and 420 of the Indian Penal Code.2. At the very outset, I would like to say that the case appears to be a simple case of misappropriation of Rs. 49,750/- but I have no hesitation to say that the case is of serious nature as the total amount misappropriated by the petitioner and others exceeds rupees one crore. Moreover, the very pertinent question which arises for consideration is :Whether the petitioner and others who are employees of a public sector undertaking i.e. Punjab National Bank, can be permitted to run a financial organisation involving general public in the name of Karmchari Sahkari Samitti and obtain financial benefit from such organization 3. As per the admitted facts, the petitione...
The State of Bihar and ors. Vs. Bihar Rajya Ankechak Sangh, Through It ...
Court: Patna
Decided on: Nov-01-2006
Barin Ghosh and Ajay Kumar Tripathi, JJ.1. The judgment under appeal is so well considered and elaborate, it is not necessary for us to indicate in detail the subject matter in issue. We would, however, try to highlight the submissions as were made before us by the learned Counsel appearing in support of the appeal.2. Before, however, doing so, it is our duty to point out the basic minimum facts which are as follows: On 18th December, 1989, the Government of Bihar in Finance Department passed a resolution and thereby accepted the replacement scales as recommended by the Fitment-cum-Pay Revision Committee and as indicated in Schedule I to the said resolution. Schedule I provided, amongst others, that the existing scale of Rs. 1000-1820 shall be replaced by the scale of Rs. 2000-3800. In addition to that it was provided that in relation to the existing scale of Rs. 1000-1820 there shall be a sub scale of Rs. 2200-4000. By the said resolution, the Government decided that the existing sca...
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