Patna Court May 2007 Judgments
Pandey Jagdishwar Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-24-2007
J.N. Bhatt, C.J.1. Upon joint request, this matter was taken up for final hearing. Therefore, it was admitted and heard on 23.5.2007 and, today, the judgment is being pronounced.2. In this Letters Patent Appeal under Clause 10 of the Letters Patent applicable to this High Court, the appellant, original writ petitioner, has questioned the legality and validity of the judgment of the learned Single Judge, dated 2.8.2006, in CWJC No. 8763 of 2005, whereby, the appellant original, writ petitioner came to be dismissed.3. The writ petition under Article 226 of the Constitution of India, came to be filed raising grievances against the order of the respondent State authority, dated 4.12.2004 (Annexure - 1), directing recovery of the amount of salary for two years paid to the appellant - original writ petitioner, on account of a dispute with regard to birth date, despite the fact that the appellant - original writ petitioner had worked during that period. The short question, therefore, which e...
Tag this Judgment!Vijay Shanker Pathak Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-23-2007
Sudhir Kumar Katriar, J.1. This writ petition has been preferred with the prayer to quash letter No. 230, dated 18.1.2002 (Annexure-1), issued by the Rural Development Department, Government of Bihar, and the consequential order bearing Memo No. 83/Panchayat, dated 8.2.2002 (Annexure-1/A), issued by respondent No. 4 (The District Magistrate, Begusarai), whereby the petitioner has been informed that a Dalpati is not a Government servant.2. According to the writ petition, the petitioner was appointed as a Dalpati of Mehada Shahpur Panchayat, Cheriya Bariyarpur Block, district- Begusarai, by order dated 11.4.1986 (Annexure-8). He continued as such till he was selected for training for the purpose of his selection as Panchayat Sewak, vide order bearing Memo No. 808/Panchayat, dated 6.10.1994 (Annexure-10). The petitioner has since superannuated as a Panchayat Sewak of the said Mehada Shahpur Panchayat. He preferred C.W.J.C. No. 10879 of 2000, praying therein to treat his services rendered...
Tag this Judgment!State of Bihar Vs. Rukmini Devi and ors.
Court: Patna
Decided on: May-23-2007
Abhijit Sinha, J.1. Aggrieved by the, judgment and order dated 31st July, 1986 passed by Sri Mohan Prasad, the then Judicial Magistrate, IInd Class, Patna, in G.R. No. 4684 of 1983, T.R. No. 30 of 1986 arising out of Phulwari P.S. Case No. 398 of 1983, whereby the learned Magistrate while convicting three of the accused, has acquitted three respondents herein, the State has filed the instant appeal.2. According to the prosecution case at about 7 a.m. on 11-11-1983 the informant Parmeshwar Choudhary was sleeping at his darwaza when stepbrother Baleshwar Choudhary with whom dispute and differences had cropped up over landed property and wherein the Mukhia following Panchayati had given his rulings which was not accepted by Baleshwar, arrived armed with Chhura. It is said that Baleshwar proposed to the informant to get the land measured once more by the Amin but when the informant did not agree to the proposal since it was the day of Chhat festival and agreed to get the measurement done ...
Tag this Judgment!Kameshwar Yadav and ors. Vs. the State of Bihar
Court: Patna
Decided on: May-23-2007
C.M. Prasad, J.1. This appeals are against the judgment dated 21.4.2003 of the 1st Additional Sessions Judge, Madhepura, passed in Sessions Trial No. 95/99/200/2000 whereby each of the four appellants, namely, (i) Kameshwar Yadav, (ii) Bahadur yadav, (iii) Quddus Mian and (iv) Shiv Shankar Jha has been convicted under Sections 380, 148, 448 and 341 of the Indian Penal Code and respectively sentenced to R.I. for three years, R.I. for one year, R.I. for six months and S.I. for one month. The appellant Ram Bilash Yadav has been convicted under Sections 148, 448, 307/149 and 341 of the Indian Penal Code and respectively sentenced to R.I. for one year, R.I. for six months, R.I. for seven years and S.I. for one month. The appellant Sanjay Yadav stands convicted under Section 148, 448, 307/149 and 341 of the Indian Penal Code with respective sentences of R.I. for one year, R.I. for six months, R.I. for nine years and S.I. for one month. The appellant Kaushalendra Yadav has been convicted und...
Tag this Judgment!The State of Bihar and ors. Vs. Sheikh Mohammad
Court: Patna
Decided on: May-22-2007
J.N. Bhatt C.J. And Shailesh Kumar Sinha, J. 1. The appellants have questioned the legality and validity of the judgment of the learned Single Judge in writ petition, bearing CWJC No. 1763 of 2004, dated 26.4.2005, whereby, challenge made by the respondent-original writ petitioner, against his termination from service as constable on the ground of having less than the prescribed height, came to be allowed. Hence, this Letters Patent Appeal under Clause 10 of the letters Patent of the Patna High Court.2. Pursuant to an Advertisement No. 1/1998, dated 27.8.1998, for appointment to the post of constable in the Police Department, the respondent - original writ petitioner applied and he came to be selected by the Board and the authorities directed him to join in a different district, where his height was to be measured. However, after the lapse of almost two years, the services of the petitioner came to be terminated, mainly, on the ground that he was not eligible for the said post on the ...
Tag this Judgment!Ramanuj Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: May-22-2007
J.N. Bhatt, C.J.1. This Letters Patent appeal under Clause 10 of the Letters Patent of the Patna High Court is directed against the judgement of the learned Single Judge, dated 14.12.2006, passed in a writ petition, bearing CWJC No. 11258 of 2000, whereby and whereunder, the writ petition came to be dismissed.2. The conspectus of the material facts may be highlighted at this stage. The appellant-original writ petitioner came to be appointed on the post of Warden in Jail on 27.12.1977. Thereafter, he came to be promoted to the post of Jail Clerk. The appellant-original (SIC) writ petitioner was departmentally dealt with for dereliction in duty. In that, the Jail Department, alleged that one convict, Basudev Singh, was released from Siwan Jail on a forged release order. The appellant was found responsible. A criminal case was also instituted against the appellant-original writ petitioner but in that criminal case, the department did not succeed. As aforesaid, departmental, proceedings w...
Tag this Judgment!Sunil Kumar Gupta Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: May-22-2007
J.N. Bhatt, C.J.1. In this Letters Patent Appeal under Clause 10 of the Letters Patent of the Patna High Court, the appellant original writ petitioner has challenged the judgement of the learned Single Judge, recorded on 9.2.2007 in CWJC No. 12387 of 2003, whereby the challenge of the appellant-original writ petitioner against his dismissal from service as constable in Central Reserve Police Force, (CRPF), on the ground of proved misconduct, came to be dismissed.2. We have heard the learned Counsels for the parties. We have also examined the facts emerging from the records of the present case. The impugned judgement, its content and colour, extent and context have also been considered. The service jurisprudence principles, relevant to such type of cases, are also examined. Initially, let it be mentioned that the appellant - original writ petitioner, constable on general duty in CRPF, was departmentally dealt with and found delinquent and, therefore, dismissal order came to be recorded...
Tag this Judgment!Bihar State Electricity Board Vs. Sharda Prasad Sinha and ors.
Court: Patna
Decided on: May-21-2007
Barin Ghosh and Madhavendra Saran, JJ.1. While appointed as Deputy Director of Accounts, the writ petitioner, respondent in these appeals, superannuated on 31.7.1994. He was then re-employed w.e.f 7.2.95. While the writ petitioner respondent was in re-employment a letter was issued to him on 21.9.1995 alleging therein that he made payment on 17.3.92 in respect of supply of certain chemicals, but on test the same turned out to be not the chemicals intendended to be purchased, but were 99 percent water. In the letter it was stated that by reason of the same, the employer has suffered loss of Rs. 7,80,000/-. The letter expressed prima facie view of the fact that such loss was occasioned by reason of the action of the writ petitioner, respondent, in making the payment. The letter however concluded by saying that the writ petitioner respondent is called upon to explain within fortnight of the receipt of the letter as to why suitable disciplinary action should not be taken against him. The ...
Tag this Judgment!Arjun Mishra Vs. the Bihar School Examination Board and ors.
Court: Patna
Decided on: May-21-2007
A.K. Tripathi, J.1. Heard learned Counsel for the parties.2. By virtue of the order contained in annexure-1 dated 13.7.2004 the then Chairman of Bihar School Examination Board dismissed the petitioner from service from a restrospective dated i.e. 26.9.2001. This is order of punishment which has been passed against the petitioner while exercising power under Rule 43(b) of Bihar Pension Rules.3. Petitioner challenges this order to be an illegal order on the face of it because Rule 43(b) does not envisage imposition of punishment of dismissal being passed against an employee in the given background that the petitioner had already superannuated in November, 2002. Under Rule 43(b) the pension of the petitioner could have been reduced or withheld but that too it could be done after following the ingredients of that rule. The order of punishment being alien to Rule 43(b) the order impugned is per say bad in law.4. A short fact may be noted in the present case which has lead to passing of the...
Tag this Judgment!Smt. Savitri Devi and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-18-2007
Aftab Alam, J.1. Heard Mr. Surya Bhushan Prasad Singh for the petitioners and Mr. Ajay, Standing2. Counsel III (Ceiling) representing the State.3. The petitioners seek to challenge the order, dated 27.12.2003 by which the Collector, Sitamarhi in purported exercise of powers under Section 45B of the Bihar Land Ceiling Act directed to reopen the proceedings of Land Ceiling Case No. 2 of 1973-74/30 of 1992 that was earlier closed in favour of the land-holder.4. Petitioner No. 1 is the widow of Kameshwar Prasad Tiwari @ Kameshwar Tiwari and petitioners 2 to 8 are his sons, daughters and descendents. Earlier land ceiling proceedings were held against Kameshwar Prasad Tiwari that went through several rounds. For the present, it is not relevant to go into the details of the earlier proceedings. Suffice it to note that Land Ceiling Case No. 2 of 1973-74 held against Kameshwar Prasad Tiwari was finally dropped by order, dated 15.06.1983 passed by the Additional Collector, Sitamarhi. In that or...
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