Patna Court November 2007 Judgments
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Mohd. Kamo Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Nov-06-2007
1. This application has been filed for quashing the order dated 15.9.2006 passed by the patna bench of the Central Administrative Tribunal whereby the original application filed by the petitioner has been dismissed.2. The facts as narrated in the writ application are that the petitioner was engaged as unskilled casual refrigerator mechanic on daily wages @ Rs. 7.50/- per day. He worked, as such, from 9.5.1981 to 7.7.1981, 16.7.1981 to 14.9.1981 and 6.4.1982 to 4.7.1982 and attained temporary status and was appointed as substitute khalasi in the year 1984 in the pay scale of Rs. 196-232/-. Thereafter, he was subjected to screening test and being successfull given regular appointment with effect from 7.5.1994 on a group-D post. In due course he was promoted as Khalalsi Helper in the scale of pay of Rs. 2630-4000/- with effect from 20.3.1996.3. He accepted the aforesaid appointment and promotion without any murmur but filed application before the Tribunal in the year 2003 which was regis...
Diwali Mahto Vs. the State of Bihar
Court: Patna
Decided on: Nov-06-2007
Ghanshyam Prasad, J.1. The sole appellant, Diwali Mahto has preferred this appeal against the conviction and sentence dated 28th January, 1988 passed by the First Additional Sessions Judge, Patna in Sessions Trial No. 658 of 1985 by which the sole appellant has been convicted under Sections 302/201 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for three years under Section 201 of the Indian Penal Code and both the sentences were directed to run concurrently.2. This appellant has been tried along with three other accused persons for the offences under Sections 328, 302, 201/34 of the Indian Penal Code. However, except this appellant other three accused persons have been acquitted and this appellant has also been acquitted of the charges under Section 328 of the Indian Penal Code for administering poison.3. The informant Sadho Mahto PW 7 is the father-in-law of the appellant...
Om Prakash Paswan Vs. State of Bihar
Court: Patna
Decided on: Nov-05-2007
Shiva Kirti Singh and Dharnidhar Jha, JJ.1. The sole appellant is aggrieved by the judgment and order dated 25th March, 1995 passed by Additional Sessions Judge-XIIth, Patna in Sessions Trial No. 478/1992 whereby he has been convicted for offence under Section 302 of the Indian Penal Code and also under Section 27 of the 'Arms Act. For the offence under Section 302 of the Indian Penal Code he has been awarded life imprisonment and for offence under the Arms Act three years RI. Both the sentences are to run concurrently.2. The prosecution case is based upon fardbeyan of informant Dipu Kumar, PW-5 recorded on 5.7.1991 at 8:45 p.m. at the emergency ward of Patna Medical College Hospital. In brief it is to the effect that informant's brother, Santosh Kumar, the deceased, was a student of B.A. at Tata and due to strike in the college, since last one month he was staying at home. On 4.7.1991 during day time Santosh came back to his home and disclosed to the informant that he had verbal alte...
B.K. Enterprises Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-05-2007
Navaniti Pd. Singh, J.1. State had Invited tenders for earth work, construction of outlet, repair and renovation of structure of Koilwar distrlbutory under the Sone Canal Division, Ara, Bhojpur. In the tender document, rate of work was specified. This tender was issued in 2004. Petitioner filed his tender accordingly stating that he was ready to do the work at 15% below estimated rate. His tender was accepted and he was given work order. While doing the work, the rainy season intervened and consequently the canal got filled up with water hampering progress of the work. Petitioner requested and was granted extension. Authorities wanted to verify the extent of work done but were informed by the authorities on site that the same was not possible till the water receded. These showed the difficulty In executing the work. The Executive Engineer, who signed the agreement and was responsible for execution thereof also recommended from time to time that the petitioner should be granted time up...
Arun Kumar and anr. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-02-2007
Navin Sinha, J.1. Heard learned Counsel for the petitioners and learned Counsel for the State.This writ application raises a short question of law with regard to the jurisdiction of this Court to interfere with orders passed in a departmental proceedings and the provisions of Rule 97(3) of the Bihar Service Code. This order shall, therefore, take note of the facts only to the extent necessary for the purpose.2. The petitioners were proceeded departmentally. The Inquiry Officer submitted his reports for the two enquiries separately dated 28.4.2000 and 1.5.2000. In pursuance of the submission of the enquiry report, the impugned order of punishment was passed on 19.6.2000 imposing the penalty of stoppage of increments for two years. The suspension was revoked but the period of suspension was not to be treated as period on duty which came to be reviewed when it was decided to be treated as spent on duty but they were not to be paid the salary for the period of suspension.3. Learned Counse...
Mostt. Anar Kali Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-02-2007
S.K. Katriar, J.1. None appears on behalf of the petitioner. Heard Mr. Sunil Kumar Mandal, learned Standing Counsel No. 15 for the respondents. This writ petition has been preferred by the widow of the late employee (late Sheo Kumar Singh) for a direction to the respondent authorities to reimburse the medical expenses incurred by her late husband.2. It appears that Sheo Kumar Singh, the petitioner's husband, was a teacher in Rajkiya Uchch Vidyalaya (Inter level), Patna High School, Gardanibagh, Patna. On account of cardiac problem, he was rushed to Delhi and had reported at All India Institute of Medical Sciences. On account of paucity of beds, he was advised to report after four weeks. The petitioner's husband was in a very bad condition and was, in fact, in a state of unconsciousness. He had, therefore, to be admitted in that state of unconsciousness in Escorts Heart Institute and Research Centre, New Delhi, on 23.3.1994 and had undergone permanent dual-chamber pace-maker implantati...
Jawaharlal Mahto Vs. State of Bihar and
Court: Patna
Decided on: Nov-02-2007
Rekha Kumari, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 7.7.2004 passed by the Chief Judicial Magistrate, Madhubani in CR No. 738 of 2004 whereby the learned Magistrate has taken cognizance under Sections 420 and 406 of the Indian Penal Code and has directed to issue summons against petitioner Jawaharlal Mahto to face trial.2. The case of the complainant Branch Manager, Industrial Area, Pandaul (Bihar State Financial Corporation), Madhubani (Opposite Party No. 2) is that for starting Jawahar Medical Industry, the petitioner was given loan on different dates, the total amounting to Rs. 5,95,905.77 P. The petitioner had to construct a building and purchase plants and machines. After purchase of the plants and machines the same were hypothecated to the Bihar State Financial Corporation. However, when on 27.9.1992 the site of the above building was inspected, some of the plants and machines as noted in the complaint petiti...
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