Patna Court November 2007 Judgments
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Subhash Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-14-2007
1. This writ application under Articles 226 and 227 of the Constitution has been filed by the petitioner through which he has challenged his detention order dated 22.11.2006 issued by the District Magistrate, Patna under Section 12(2) of the Bihar Control' of Crimes Act, 1981 (Annexure-3) as well as its confirmation order dated 9.1.2007 issued under the signature of Deputy Secretary, Government of Bihar (Annexure-1) and has also prayed for its quashing.2. The facts giving rise to this writ application in short are that the Deputy Superintendent of Police, Patna vide his Office Memo No. 2708 dated 12.11.2006 sent a report (Annexure-2) to the District Magistrate, Patna through proper channel with regard to unlawful activities of the petitioner and recommended for his detention under Section 12(2) of the Act, 1981. The District Magistrate, Patna,,' respondent No. 2, called for report from the Sr.S.P., Patna and being satisfied with the unlawful activities of the petitioner and necessity ...
Arun Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-13-2007
1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. The petitioner is aggrieved by order dated 27.6.2007 terminating his services on a class IV post.3. Learned Counsel for the petitioner submits that under the Rules, the Director (Respondent No. 2) was competent to make appointment on Class IV posts. The petitioner was appointed by an officiating Director. He relies upon Rule 103 of the Bihar Service Code, Note 2 Sub-clause (c), which reads as follows:(c) An order appointing an officer to hold the current charge of the duties of a post, should in the absence of any specific direction to the contrary, be deemed to clothe the officer with all the powers vested in the fullfledged incumbent of that post, even though he may not get full pay of the post. Such officer should not, however, modify or over-rule the orders of the regular incumbent of that post, except in emergency, without obtaining the orders of the next higher authority.Where the appointment to hol...
Nagendra Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-13-2007
Navin Sinha, J.1. Heard the learned Counsel for the petitioner and the learned Counsel for the State.2. The petitioner is aggrieved by the order dated 24.9.2007 transferring him from Middle School Khasganj in the District of Nalanda to the Middle School at Ben.3. Learned Counsel for the petitioner submits that in April 2007 he was transferred from Middle School Khasganj in the District of Nalanda to the Primary School at Hanumangarh, Chandi in the District of Nalanda. Aggrieved by the fact that the order of transfer was not in accordance with the Primary Teachers Transfer Regulation 2006, the petitioner came to this Court in CWJC No. 5731/2007 in as much as the petitioner had given three options for transfer and that he was transferred ignoring his option to a fourth place. That the post was normally not transferable except in two conditions:(a) Mutual transfer of teachers in the same category;(b) A maximum permissible of two transfers on option but that a minimum gap of five years be...
NavIn Bhushan Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-12-2007
Navin Sinha, J.1. Heard the learned Counsel for the petitioner, learned Counsel for the State and the learned Counsel appearing on behalf of the respondent No. 7.2. The petitioner questions the order dated 1.6.2007 at Annexure 7. The order transfers him from Sahkund Anchal to Jasgdishpur Anchal. The petitioner holds the post of Circle Inspector.3. Learned Counsel for the petitioner submitted that the petitioner had been posted at Jagdisdhpur Anchal as recently as 26.6.2006 on the basis of his request. His wife who was also in government service was posted in the same Anchal. For the aforesaid reason the Government acceded to his request. The policy guidelines* of the Government regulating transfer and posting dated 1.3.2007 stipulated that a person shall be considered to be transferred after he completes at least three years at his present place of posting. The transfer of the petitioner in a year's time was basically to favour respondent No. 7 in the guise of administrative reasons. ...
Nathuni Prasad Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-10-2007
Mridula Mishra, J.1. Heard the counsels for the petitioner and the State.2. Petitioner has retired from the post of Registrar on 31.1.2002. His grievance is that inspite of the direction of the High Court his case for promotion to the post of Under Secretary and Deputy Secretary is not being considered by the respondents. Prayer of the petitioner is for quashing of the decision of the Departmental Promotion Committee held on 5.8.2004 whereby the case of the petitioner for promotion had been rejected in terms of Section 7(1) (gha) of Secretariat and Attached Offices Joint Cadre (Amendment) Act, 2004 as the petitioner had superannuated. Further prayer of the petitioner is for direction to the respondents to consider and grant notional promotion to the post of Under Secretary w.e.f. July, 1997, to the post of Deputy Secretary w.e.f. July, 1999, to grant all consequential benefits arising out of grant of such promotion in the nature of revision of pay, increment, refixation of pay scale, ...
Smt. Ranju Devi Vs. the State of Bihar
Court: Patna
Decided on: Nov-08-2007
Shiva Kirti Singh and Dharnidhar Jha, JJ.1. The judgment under appeal dated 26th February, 2002 has been passed by 1st Additional District and Sessions Judge, Madhubani in Sessions Trial No. 12 of 2000 arising out of Madhubani (Town) PS Case No. 197 of 1999. By the said judgment appellant, Ranju Devi has been convicted for the offence under Section 302/328 of the Indian Penal Code and awarded life imprisonment. The other co-accused Gopendra Kumar Thakur has been acquitted of the said charge. Criminal Appeal No. 208 of 2002 has been preferred against conviction of Smt. Ranju Devi whereas the Govt. Appeal has been admitted for hearing against acquittal of co-accused Gopendra Kumar Thakur. The Criminal Revision has been preferred by the informant of the case against acquittal of Gopendra Kumar Thakur. Since all the three matters arise out of same judgment noticed above hence they have been heard together and are being disposed of by this common judgment.2. The prosecution case as appeari...
Nanda Aryani Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-08-2007
Barin Ghosh, J.1. Fundamental Rules 22(I)(a)(1) & 22(I)(a)(2) replaced Fundamental Rule 22(c). The relevant portion of Fundamental Rule 22(c), which was replaced by Fundamental Rules 22(I)(a)(1), was as follows:When the appointment to the new post does not involve such assumption of duties and responsibilities of greater importance, he shall draw as initial pay, the stage of the time-scale which is equal to his pay in respect of the old post held by him on regular basis, or, if there is no such stage, the stage next above his pay in respect of the old post held by him on regular basis.2. As against that, Rule 78(a)(ii) of the Bihar Service Code provided, amongst others, as follows:When appointment to the new post does not involve such assumption, he will draw as initial pay the stage of the time-scale which is equal to his substantive pay in respect of the old post, or, if there is no such stage the stage next below that pay, plus personal pay equal to the difference and in either cas...
indrajit NaraIn Singh Vs. the State of Bihar
Court: Patna
Decided on: Nov-07-2007
Sudhir Kumar Katriar, J.1. The applicant (appellant herein) has preferred this appeal under Section 54 of the Land Acquisition Act 1894 (hereinafter referred to as 'the Act'). It is directed against the judgment dated 3.9.1984, and the consequent decree, passed by the learned Subordinate Judge, Motihari, in Land Acquisition Case No. 1 of 1982, whereby he has in substance affirmed the award of the learned Land Acquisition Officer-cum-Collector of the District. We shall go by the description of the parties before the court below.2. The State of Bihar issued notification under Section 4 of the Act. Ultimately a total of 1.19 acres of land of Khesra Nos. 1297, 1263 and 1217 under khata Nos. 351, 161 and 260, respectively, belonging to the applicant and situate in village Bahadurpur, P.S. Gobindganj, No. 101, district East Champaran, was acquired by the State of Bihar under the Act for the purpose of Tilaway Drainage Scheme. The applicant was deprived of possession of the lands in question...
Kapil Yadav Vs. State of Bihar
Court: Patna
Decided on: Nov-07-2007
Shiva Kirti Singh and Dharnidhar Jha, JJ.1. The sole appellant has been convicted for the offence under Section 302 read with 34 of the Indian Penal Code and awarded life imprisonment by the judgment and order dated 10.1.2002/11.1.2002 passed by the learned Additional Sessions Judge in Sessions Trial No. 218 of 1997/129 of 2001 arising out of Pakribarawan P.S.Case No. 120 of 1996.2. The fardbayan of Janaki Devi, P.W.3 was recorded on 13.10.2007 at 12.20 P.M. at State dispensary, Pakribarawan by officer-in-charge of the said P.S, S.I.B.K. Singh, P.W.10. The prosecution case as appearing for the fardbayan, in brief, is to the effect that on 13.10.1996 in the morning hours the husband of the informant, Keshar Yadav (the deceased) went to attend the call of nature and the informant accompanied him because of fear to the life of the deceased from the appellant. On the east of the village there was a river and further east, there was field of one Hari Yadav. When they had reached near that ...
Krishna Ram Vs. the State Bank of India and ors.
Court: Patna
Decided on: Nov-06-2007
J.N. Singh, J.1. Petitioner in this writ application has prayed for quashing of the order of punishment of dismissal awarded by the disciplinary authority vide memo dated 23rd June, 1999 (As contained in Annexure - 7), as well as for quashing of order of the appellate authority dated 7th April, 2000 (as contained in Annexure - 13), as well as for quashing of the inquiry report dated 20th May, 1998 (annexure - 4). Petitioner has also prayed for follow up orders for reinstatement with all consequential benefits treating him in regular service. In the alternative, petitioner has prayed for a direction to the appellate authority to adhere to his proposed punishment/decision dated 8th December, 1999 contained in Ref. No. ZO/B/DPS/2588 as decision in appeal. Petitioner has also prayed for a declaration that the disciplinary proceeding being a quasi-judicial proceeding, any external authority, including Vigilance cannot direct and/or dictate terms to the disciplinary authority and/or the app...
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