Patna Court December 2007 Judgments

Jayanti Prabha Bharti Vs. the State of Bihar and ors.

Court: Patna

V.N. Sinha, J. 1. Petitioner who is Back Ward Class Girl appeared in the Bihar Combined Entrance Competitive Examination (B.C.E.C.E.) 2007 (hereinafter referred to as 'the examination') and was placed at merit serial general 1647, Backward Class 811 and Reserved Category Girl (hereinafter referred to as 'R.C.G.) 180 of the Physics, Chemistry, Mathematics (PCM) group, as is evident from letter of the Controller of Examination of the Bihar Combined Entrance Competitive Examination Board (hereinafter referred to as 'the Board') bearing No. 1502 of 2007 dated 16.8.2007, Annexure-6, whereunder she was asked to appear for counseling in the R.C.G. category on 19.9.2007 at 9 A.M.2. It is submitted on her behalf that when she appeared for counseling on the date fixed she was offered admission in M.I.T., Muzaffarpur Leather Technology Branch which offer according to the petitioner is contrary to the provisions contained in Sub-clause (Kha)(i) of Clause 14.4 of the prospectus issued for the sai...

Anil Kumar Jha Vs. the State of Bihar and ors.

Court: Patna

V.N. Sinha, J.1. Petitioner has filed this writ application assailing the order dated 23.4.2007, passed by the Election Tribunal in Election Petition No. 8 of 2006, Annexure-5, whereunder the learned Tribunal below has refused to dismiss the Election Petition under Order VII Rule XI(d) of the Code of Civil Procedure. It appears from perusal of the impugned order dated 23.4.2007, Annexure-5 that the Election Petition was filed beyond the period of limitation provided under the Election Rules, 2006. The election result was declared on 15.6.2006 and the petition was filed beyond 30 days on 7.8.2006. No sooner the returned candidate/petitioner learnt about the belated filing of the said Election Petition, he filed a petition under Order VII Rule XI(d) of the Code of Civil Procedure praying inter alia to reject the Election Petition on the ground that the same has been filed beyond the period of limitation, which petition has been dismissed holding that the delay in filing the petition is ...

Chandra Narayan Singh Vs. the State of Bihar and ors.

Court: Patna

Mridula Mishra, J.1. Heard learned Counsel for the petitioner and the State.2. In this writ application, the petitioner has prayed for quashing the order dated 4.12.1999 (Annexure 3), passed by the District Superintendent of Education, Sahara (respondent. 6) whereby the petitioner has been awarded punishment of withholding of one increment with prospective effect in the departmental proceeding. Further prayer of the petitioner is for quashing the order dated 21.2.2004, passed by the Commissioner, Koshi Division, Saharsa (respondent No. 3) in Service Appeal No. 16 of 2002 dismissing the appeal on technical ground of limitation without considering the merit of the appeal, as directed by this Court by order dated 4.7.2003 passed in CWJC No. 5739 of 2003.3. It appears that for similar relief, the petitioner had earlier filed CWJC No. 5739 of 2003 with a prayer to quash the order of punishment of with holding of one increment and the order passed by the appellate authority, dismissing the ...

Leela Devi and anr. Vs. the State of Bihar and ors.

Court: Patna

N.N. Singh, J.1. Heard learned Counsel for the petitioners and the State.2. Husband of the petitioner was serving as Warder in the sub-jail, Jamui on 11.3.2002 and around 7.30 in the evening of 11.3.2002 when her husband was on duty, bombs were exploded in jail campus enabling 11 of the jail inmates to escape from the prison, for which a departmental proceeding was initiated against the petitioner and others posted in the sub-jail. By the impugned order, bearing Memo. No. 2725 dated 26.9.2002, Annexure-1, her husband has been removed from service with further direction that during the period of suspension, he shall not be allowed any salary beyond the subsistence allowance. Removal order was challenged in appeal put before the appeal could be considered and disposed of, petitioner filed the instant writ case with averment that the appeal is pending before the Appellate Authority. During the pendency of the writ application, appeal has been dismissed under order, bearing Memo No. 5550 ...

Most. Jeera Devi Vs. State of Bihar and ors.

Court: Patna

Navaniti Prasad Singh, J.1. The premises of the petitioner was undisputedly occupied by the Respondent-State. The House Controller then fixed the rent that was required to be paid by the State i.e. the Department of Health through the Civil Surgeon, Patna. Notwithstanding the said determination and its communication to the State, no rent has been paid to the petitioner since the year 1999. It may be clarified here that though State was paying rent as originally tendered by them, the enhanced part of the rent is being paid by them. Apparently correspondences between the parties are carrying on since 1999. This writ application was filed in the year 2004. As no one appeared for the respondents, notices were issued to respondents. Notices were validly served. Respondent-State counsel accepted notice and took time in 2004 itself to file a counter-affidavit. No counter-affidavit was filed. When the matter was again taken up this year, again time was sought for but still no counter-affidavi...

Ganesh Tanti @ Ganesh Pd. Tanti and ors. Vs. the State of Bihar and or ...

Court: Patna

Mridula Mishra, J.1. Heard learned Counsel for the petitioners and learned Counsel for the State.2. The petitioners, who are nine in numbers, have challenged the order dated 28.7.2007 contained in Memo No. 2088 issued by the Civil Surgeon-cum-Chief Medical Officer, Munger, whereby they have been reverted to their original Class-IV posts after several years of their promotion to Class-III posts.3. Petitioner Nos. 1 to 4 were promoted to Class-III posts in the year 1999, petitioner No. 5 in the year 1984 and petitioner Nos. 6 to 9 in the year 1991. They continued on their posts till the date of reversion and were getting salaries of the promoted posts as they were promoted against the vacant posts. Petitioners' case is that they were given promotion following the procedure of law. There were vacancies on the promotional posts and they were promoted considering the quota fixed for promotion on class-III posts for Class-IV employees. Reservation policy of the Government was also followed....

Sri Kant Singh and Ram Pujan Singh Vs. the State of Bihar

Court: Patna

Reported in: 2008(1)BLJR933

1. All the three appeals have been heard together because they arise out of same judgment and order dated 16.7.2002 passed by Additional Sessions Judge (Fast Track Court 1), Buxar in Sessions Trial No. 326/84 arising out of Buxar (M) PS Case No. 89/84. Altogether nine persons were tried, out of whom four have been acquitted by the learned trial court of all the charges, Sri Kant Singh and Ram Pujan Singh (Appellants in Cr. Appeal No. 421/02) have been convicted for the offence under Section 302 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'IPC) and awarded life imprisonment, the sole appellant of Cr. Appeal No. 459/02, Tarkeshwar Singh has been convicted for the offence aforesaid and awarded life imprisonment. He has also been convicted under Section 307 and awarded RI for seven years and also under Section 27 of the Arms Act for which he has been awarded RI for two years. The two appellants, Ramanuj Tiwari and Sri Bhagwan Singh (Cr. Appeal No. 505/02) we...

Kishori Lal Vs. the State of Bihar and ors.

Court: Patna

Navin Sinha, J.1. The petitioner superannuated on 31.10.1990, from the Department of Water Resources, Government of Bihar, substantively holding the post of Assistant Engineer while he held additional charge as Executive Engineer. He is aggrieved by the denial of certain service and retirement benefits.The petitioner, in his service tenure was subjected to more than one departmental proceeding on certain charges and punishments were imposed on him.2. The petitioner came to this after his superannuation originally in 1993 in CWJC No. 11352 of 1993 aggrieved by the non-payment of his retirement benefits. During the pendency of the writ petition by an order dated 4.3.1994 his C.P.F., Group Insurance and 90% of provisional pension were ordered to be released. While the writ petition was still pending, on 9.3.1994 fresh orders were issued reducing his pension to 70% in exercise of powers under Rule 139 of the Bihar Pension Rules. The petitioner had preferred two separate departmental appea...

Ramesh Prasad Bhagat Vs. State of Bihar and ors.

Court: Patna

Navaniti Pd. Singh, J.1. A proceeding for acquisition of about 2:59 acres of land was initiated in respect of lands at village-Harbanshpur in the district of Patna for the purpose of establishment pf a Super Thermal Power Plant of National Thermal Power Corporation in the Barh Subdivision of Patna. Notifications were issued in this regard under the Land Acquisition Act calling for objections. Various objections were decided and on 11 -3-2005, notice for payment of 80% of the value as determined in terms of Section 12 of the Act was issued in favour of the petitioner. On 21-3-2005, possession of land was taken over and handed over to National Thermal Power Corporation. Various objections were -again filled but ultimately a cheque dated 3-5-2005, as aforesaid, was issued in favour of the petitioner but immediately on petitioner depositing the same, the cheque was returned uncashed with advice that payment had been stopped. This is what brought the petitioner to this Court. During penden...

Sudama Yadav and ors. Vs. State of Bihar and anr.

Court: Patna

Rekha Kumari, J.1. This application filed Under Section 482 Cr.P.C. is directed against the order dated 31.8.2005 passed by the Judicial Magistrate, 1st Class, Hilsa, Nalanda in Complaint Case No. 335C/2005 whereby the learned Magistrate has taken cognizance for offence against the petitioners Under Sections 323 and 504 I.P.C.2. Learned Counsel for the petitioners submitted that the complainant had filed a police case bearing Hilsa P.S. Case No. 426/2004 dated 21.12.2004. The case was investigated and the police found the case not true and apart from submitting a final report against the petitioners, the I.O. also filed a complaint for initiating proceeding Under Sections 182 and 211 I.P.C. against the informant/O.P. of the present case. The said final report was also accepted by the Chief Judicial Magistrate but on the basis of the protest complaint petition filed by the complainant/O.P. No. 2 bearing No. 335C/2005 the learned Judicial Magistrate found sufficient materials to proceed...