Patna Court May 2007 Judgments

Brahamdeo Singh Vs. the State of Bihar and ors.

Court: Patna

A.K. Tripathi, J.1. Heard learned Counsel for the parties.2. Petitioner was initially appointed as literate peon in the year 1970 under Siwan Municipality and later came to be promoted to the post of clerk. When he was suspended on 15.7.2000 he was holding the cost of cashier. Suspension had to be effected because of certain financial bungling as was alleged in the chargesheet dated 22.8.2000 and show cause was issued to the petitioner on 21.11.2000. In addition to that it seems that criminal case was also instituted against the petitioner for similar charge of defalcation etc. A Money Suit was also filed against the petitioner along with some other employees. An Enquiry officer in the departmental proceeding was appointed and he examined the matter and the show cause filed on behalf of the petitioner. After some deliberation he returned the file of the departmental enquiry to the District Magistrate with a note that since a criminal case has already been filed against the petitioner ...

Md. Ahad Raza and Rekha Sinha Vs. the State of Bihar and ors.

Court: Patna

Sudhir Kumar Katriar, J.1. The two writ petitions raise a common question of medical reimbursement by the State of Bihar. The petitioner of C.W.J.C. No. 3778 of 2006 is a serving employee, and the petitioner of C.W.J.C. No. 3781 of 2006 is the widow of a deceased employee. The respondents have placed on record their counter affidavits and have opposed the writ petitions. In view of variation of facts in the two writ petitions, I will dispose of the two one after the other by the present judgment.C.W.J.C. No. 3778 of 2006:2. I shall first take up C.W.J.C. No. 3778 of 2006. The facts are not in dispute. The petitioner was at the relevant point of time posted as Statistical Compiler, Department of Animal Husbandry, Begusarai. He suffered a massive heart attack in the first half of 2002, and was rushed to the Cardio-thoracic & Neuro Sciences Centre of All India Institute of Medical Sciences, New Delhi (hereinafter referred to as 'AIIMS'), on an emergency basis to save his life. Angiograph...

Pawan Kumar Yadav and ors. Vs. State of Bihar

Court: Patna

Chandramauli Kr. Prasad, J.1. All these appeals arise out of the same judgment and, as such, they were heard together and are being disposed of by this common judgment.2. Appellants, altogether 27 in number, have preferred these appeals against the judgment and order dated 3rd of August, 2001, passed by the Additional Sessions Judge, Bhagalpur in Sessions Trial No. 592 of 1992 (T.R. No. 80 of 1995), whereby he has held all the appellants excluding sole appellant Niranjan Yadav of Criminal Appeal No. 437 of 2001 guilty under Section 302/149 of the Indian Penal Code. Niranjan Yadav has been found guilty under Section 302 of the Indian Penal Code simplicitor. By the said judgment, appellants Niranjan Yadav, Sri Mohan Yadav @ Mohan Yadav (Appellants of Cr. Appeal No. 400 of 2001), Umesh Yadav (sole appellant in Cr. Appeal No. 492 of 2001), Manth Lal Yadav and Anandi Prasad Yadav (Appellants in Cr. Appeal No. 412 of 2001) have also been found guilty under Section 27 of the Arms Act, Appell...

Bihar State Financial Corporation Karamchari Federation Vs. Bihar Stat ...

Court: Patna

A.K. Tripathi, J.1. Heard learned Counsel for the petitioner, learned Counsel for the respondents. Bihar State Financial Corporation as well as learned Counsel for the State.2. Decision to revise salary of its employees taken by the Board of Directors of Bihar State Financial Corporation, a statutory body created under State Finance Corporation Act, 1951 led to litigations and has lasted 17 years. There has been various bouts of litigations before this Court but none of them culminated into a final adjudication.3. The issue is a limited one. The question is whether the Corporation has due statutory authority to effect wage revisions of its employees? And whether the State Government has due powers to stay the same?4. Exercise for revision of pay scale was taken by the Corporation earlier in the year, 1990 itself but due to intervention at the level of the State Government the same was not implemented. The Board of Directors in its meeting held on 6.5.1991 considered and decided to rev...

Ashok Prasad Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

Reported in: (2008)1STJ210NULL

1. The applicant, a member of the Indian Forest Service and presently posted as Regional Chief Conservator of Forest at Muzaffarpur, during the relevant period had faced a departmental proceeding having been served memorandum of charges dated 30.09.1993 (Annexure A/2) while he was posted as Project Dy. Director, Division-2, Bettiah under Champaran Forest Project (between 27.7.1989 to 05.05.1992). Briefly stated the charges included that the applicant, misusing his office, on 7.03.1991 had issued permit in favour of Allied Industries, Baghah for transportation of 200 cubic ft. of Saal logs though only 128.25 cubic ft. Saal logs were subsequently found. It was also charged that despite clear direction of the Project Director he had not seized the logs along with the truck carrying that, as also for creating false documents to help the aforesaid company in illegal transportation of the logs, also attempting to destroy the evidence in this regard. It was also charged that despite orders o...

Subhojit Datta Vs. State of Bihar

Court: Patna

Chandramauli Kr. Prasad, J:1. Petitioner being aggrieved by the judgment dated 26th of June, 2006, passed by the Ist Additional Sessions Judge, Munger in Criminal Appeal No. 73 of 2005, affirming the judgment dated 8th of June, 2005 passed by the Chief Judicial Magistrate, Munger in G.R. No. 49 of 2000 (G.R.P. Jamalpur case No. 15 of 2000) holding him guilty of offence under Section 409 of the Indian Penal Code and inflicting the sentence of rigorous imprisonment for seven years and fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for six months, has preferred this revision application.2. The revision application was posted for consideration before a learned single Judge of this Court on 8.12.2006. Being prima facie satisfied that the petitioner though found guilty of misappropriation of huge amount of public money, let off with inadequate sentence issued notice to show cause as to why the sentence be not appropriately enhanced. This is how this case has been listed bef...

Rajesh Singh Vs. the State of Bihar

Court: Patna

Chandra Mohan Prasad, J.1. This appeal is against the judgment dated 27.1.2003/29.1.2003 (arising out of Brahmpur P.S. Case No. 06/01) whereby the appellant has been convicted under Section 20(B)(ii)(C) of the N.D.P.S. Act and sentenced to R.I. for ten years and a fine of rupees one lakh and in default of payment of fine to undergo R.I. for two years.2. The appellant has been convicted and sentenced with regard to recovery of 90 kgs of ganja from a shop where the appellant was also seen and he tried to flee away but he was apprehended by the police. According to the case of prosecution, the officer-in-charge, Brahmpur P.S., received a secret information that some persons alighted from a train with ganja at Raghunathpur Railway Station and in order to move away they were in search of conveyance. On this information, the officer-in-charge, constituted a raiding party and went to shop near the railway station and found some persons were in the shop and that they were trying to flee away ...

Srimati Hankari Devi and ors. Vs. Smt. Rajbhawani Devi and ors.

Court: Patna

Syed Md. Mahfooz Alam, J.1. First Appeal No. 497 of 1973 and First, Appeal No. 224 of 1976 were heard analogous as both the appeals arise out of the common judgment dated 31st August, 1973 passed by Sri Rameshwar Narain Singh, 2nd Additional Subordinate Judge, Champaran at Motihari in Title Suit Nos. 164 of 1967 and 345 of 1967 (both analogous). Accordingly, both these appeals are being disposed of by this common Judgment passed in First Appeal No. 497 of 1973.2. In Title Suit No. 164 of 1967 Bhagwat Rai and others were plaintiffs and Madan Singh & others were the defendants. The said title suit was filed for declaration that the registered deed of gift executed by original defendant No. 2 Sukhdeo Rai in favour of his daughter's son Madan Singh (defendant No. 1) is void and not binding upon the plaintiffs. Partition Suit No. 345 of 1967 was filed by Smt. Hankari Devi and another against Most. Singari Kuer and others for partition of their half share in the property described in Schedu...

Sanjay Kumar Choubey Vs. the State of Bihar

Court: Patna

Samarendra Pratap Singh, J.1. Heard learned Counsel for the petitioner, the State and opp.party Nos. 2, 3 and 4.2. The instant petition has been filed for cancellation of bail allowed to opp.party Nos. 2, 3 and 4, namely, Jay Prakash Choubey, Shankar Bhagwan Choubey and Mithilesh Choubey @ Akhilesh Choubey by order dated 14.6.2006, passed by the Chief Judicial Magistrate, Buxar in Brahmpur P.S. Case No. 90 of 2005, registered for offences under Sections 341, 323, 504/34 of the Indian Penal Code; lodged by the informant on 28.4.2005, who is the petitioner here. In the said case, police after investigation submitted chargesheet and the learned Magistrate took cognizance of the offences under Sections 323, 341, 307 & 504/34 of the Penal Code and summoned the accused, who are opp.parties here to face trial.3. The prosecution case in short, is that the accused-opp.parties. namely, Ram Niwas Choubey, Jay Prakash Choubey, Shankar Bhagwan Choubey and Mithilesh Choubey came to the house of the...

Vasundhara Enterprises Vs. the Indian Oil Corporation Limited and ors.

Court: Patna

Navaniti Pd. Singh, J.1. In the present Writ application the petitioner has questioned the legality and propriety of rejection of his bid for appointment of Carrying and Forwarding Agent (hereinafter referred to as 'CFA') for Lubricants of Indian Oil Corporation, a Government of India undertaking to be situated at Dhanbad and established by the Indian Oil Corporation Limited, Bihar State Office Patna. The said communication is contained in letter dated 8.2.2006 (Annexure 11 to the Writ application).2. In course of the Writ proceedings counter affidavit was filed by the Indian Oil Corporation and on disclosure that apart from petitioner there was only one other person in the running and consequent to the rejection of the petitioner the other person was to be granted the agency, the other person, namely, Pradeep Kumar Santhalia was added as respondent No. 4 and notices issued to him. He has also appeared and filed a counter affidavit.3. The petitioner has filed rejoinder and with the co...