Patna Court April 2008 Judgments
State of Bihar and ors. Vs. Ranjeet Kumar and ors.
Court: Patna
Decided on: Apr-30-2008
Shailesh Kumar Sinha, J.1. This application, under Article 226 of the Constitution of India, on behalf of the petitioner-State of Bihar along with other authorities is for review of the order dated 18.04.2007 passed on a writ petition vide C.W.J.C. No. 1637 of 2007 filed by the writ petitioner herein respondent first set, for quashing the order of cancellation of his appointment on the post of Panchayat Shikshak in Primary School as per letter No. 37 dated 02.12.2006, as contained in Annexure-6 to the writ application. The reasons for cancellation of appointment is to the effect that on verification it was detected that the writ petitioner had produced the passing certificate of the Intermediate examination in the vocational course and since there is no provision for appointment of a candidate possessing certificate of the aforesaid course, the appointment was cancelled. Admittedly, the Rule for such appointment is that a candidate should possess the qualification of passing of Interm...
Tag this Judgment!Prem Kumar Singh @ Prem Singh Vs. State of Bihar
Court: Patna
Decided on: Apr-30-2008
Abhijit Sinha, J.1. The petitioner who was one of the named accused in Bihta P.S. Case No. 192 of 2004 and against whom investigation is still pending is aggrieved by the order dated 14.7.2006 passed by Sri Rakesh Kumar Singh, Judicial Magistrate, Ist Class, Danapur, whereby he has summoned the petitioner under the provisions of Section 319 Cr.P.C. to face trial along with other accused person who has already been sent up.2. The aforesaid case was registered on the written report of one Anand Kumar Singh, impleaded herein as Opp.Party No. 2, inter alia, stating that he is a Commission Agent and carries on business of transportation of goods/products of different factories in the name and style of 'Balajee Road Lines' and in that capacity on 11.7.2004 he had sent a consignment of 8.950 Kgs. of iron rods through truck bearing Registration No. UP-53H-4190 driven by driver, Vijendra Singh, to Bal Mukund Iron Factory, Varanasi and accused Prem Singh (the petitioner herein) apart from ident...
Tag this Judgment!Rupashree Sinha Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-30-2008
V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the B.R.A. Bihar University Muzaffarpur (hereinafter referred to as the University).2. Petitioner appeared in the B.A. Part II (Hons) Examination, 2006 (hereinafter referred to as the examination) conducted by the University. After completion of the examination her result was not published; accordingly, she filed representation dated 6-6-2007, contained in Annexure-3 to this application requesting the Vice-Chancellor of the University to. publish her result to the examination. Perusal of the copy of the said representation Annexure-3 indicates that the same was also received in the University on 6-6-2007. When the authorities of the University, for reasons best known to them, did not choose to dispose of the said representation as also to publish her result, petitioner was constrained to file this writ application on 10-8-2007.3. By filing counter and supplementary counter-affidavit the University authorities have opposed t...
Tag this Judgment!Vikas Kumar Sharma Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-30-2008
V.N. Sinha, J.1. Petitioner, who is a member of the Bihar Superior Judicial Service and at the relevant time was holding the post of Director, Bihar Judicial Officers Training Institute, Patna under Notification of the Personnel and Administrative Reforms Department of the State Government, bearing Memo. No. 7136 dated 5.9.2002, Annexure-1, has filed this writ application questioning the legality and validity of the order, bearing Memo. No. 6631-33 dated 10.7.2006, Annexure-9 to this application placing him under suspension with effect from the date of issue of the said order in contemplation of a departmental proceeding to be initiated against him. He has further assailed the validity of the memorandum, bearing Memo. No. 9925 dated 25.9.2006, Annexure-10 to this application, whereunder departmental proceeding has been drawn against him and he has been served with article of charges, statement of allegations and list of documents/witnesses, which are to be relied upon in support of th...
Tag this Judgment!Lakshman Bhagat Vs. the State of Bihar and anr.
Court: Patna
Decided on: Apr-30-2008
Abhijit Sinha, J.1. The petitioner who is one of the accused in G.R. No. 2978 of 1997, arising out of Vaishali P.S. Case No. 175 of 1997, is aggrieved by and prays for the quashing of the order dated 18.1.2007 passed by Sri S.K. Tripathi, Judicial Magistrate, Ist Class, Vaishali at Hajipur, whereby he has directed the petitioner to produce the document which is not in his possession.2. One Satrughan Bhagat, impleaded as O.P. No. 2 herein, the complainant, filed a Complaint Petition No. 2138 of 1997 before the learned Chief Judicial Magistrate, Hajipur, which was transmitted to the concerned police station under Section 156(3) Cr.P.C and on the basis thereof the aforesaid Vaishali P.S. Case No. 175 of 1997 was registered under Sections 420, 417, 467, 468, 472 and 120B I.P.C. 3. Briefly stated, the prosecution case is that the informant has three other brothers of whom the youngest brother, Ramji Bhagat, is handicapped, the third brother, Ramanand Bhagat, resides in his Sasural at Simra...
Tag this Judgment!Sri Parmeshwar Paswan Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-29-2008
V.N. Sinha, J.1. Heard learned Counsel for the petitioner, State and the Accountant General.2. Petitioner was appointed as a Chowkidar at Benipatti Police Station within the District of Madhubani on 9.7.1955. His services along with the other Chowkidars of the State were regularized by the State Government in terms of the Government instruction bearing letter No. 359 dated 17.1.1990 with effect from 1.1.1990. After becoming the Government servant in terms of the aforesaid instructions of the State the petitioner continued as Chowkidar until he reached the age of superannuation on 31.5.1999. It would appear that the petitioner could not complete 10 years of service with effect from 1.1.1990 as such he was not allowed pension and he has filed this writ application for a direction to the State respondents to consider his case for taking into account even services rendered prior to 1.1.1990 for giving him the benefit of pension. Such prayer is being founded on the submission that the Chow...
Tag this Judgment!Sudhkar Pandey and Markandey Vs. Ajit Choudhary
Court: Patna
Decided on: Apr-29-2008
Ghanshyam Prasad, J.1. This application under the provisions of Representation of People Act, 1951 has been filed to declare the election of sole respondent- Ajit Choudhary, member of Bihar Legislative Assembly from Bhrampur Assembly Constituency (2000) as void.2. The petitioner No. 1- Sudhakar Pandey was one of the contesting candidates in the said election for member of Bihar Legislative Assembly from Bhrampur Constituency which was held in the month of October 2005. As per the programme schedule of election notified by the returning officer of the constituency, petitioner No. 1, respondent and others filed nomination papers before the Returning Officer, Buxar. After scrutiny on 1.10.2005, the Returning Officer accepted the nomination papers of all the candidates as valid. The Returning Officer after expiry of date of withdrawal allotted symbols to the candidates according to their respective party affiliation. Accordingly, as alleged, the petitioner No. 1 being authorized candidate...
Tag this Judgment!Thakur Prasad Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-25-2008
V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the State.2. Petitioner having completed more than 33 years of service superannuated while serving as Dy. S.P. with effect from 31.1.1986 and thereafter his terminal benefits were finalized and pension fixed. Later Government of Bihar accepted the recommendations of the 5th Pay Revision Committee, in terms whereof the pension of the petitioner was revised with effect from 1.1.1996 at Rs. 3959/- per month.3. By filing this writ application petitioner has asserted that such revision of pension is arbitrary and violative of Articles 14 and 16 of the Constitution of India. According to him those who have completed more than 33 years of qualifying service and retired on or before 31.12.1985 are allowed pension of Rs. 5265/- per month with effect from 1.1.1996 which is Rs. 1306/- more than the petitioner who also superannuated after completing more than 33 years of qualifying service after 1.1.1986 but without completing ten mont...
Tag this Judgment!Beyas Sharma Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-25-2008
V.N. Sinha, J.1. Heard learned Counsel for the petitioner and the State.2. Petitioner having completed more than 33 years of service superannuated while serving as Assistant Director, Agriculture (Horticulture) with effect from 31.1.1986 and thereafter his terminal benefits were finalized and pension fixed. Later Government of Bihar accepted the recommendations of the 5th Pay Revision Committee, in terms whereof the pension of the petitioner was revised with effect from 1.1.1996 at Rs. 4252/-per month.3. By filing this writ application petitioner has asserted that such revision of pension is arbitrary and violative of Articles 14 and 16 of the Constitution of India. According to him those who have completed more than 33 years of qualifying service and retired on or before 31.12.1985 are allowed pension of Rs. 5265/- per month with effect from 1.1.1996 which is Rs. 1013/- more than the petitioner who also superannuated after completing more than 33 years of qualifying service after 1.1...
Tag this Judgment!Raza Imam Rizvi Vs. State of Bihar
Court: Patna
Decided on: Apr-25-2008
Kishore K. Mandal, J.1. The present appeal arises out of and is directed against the judgment and order dated 3rd December, 1992 passed by the learned Special Judge, Vigilance (South Bihar), Patna in Special Case No. 36 of 1986, whereby the appellant has been found guilty under Section 161 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 01 year. The learned trial court has further found the appellant guilty under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 and sentenced to undergo rigorous imprisonment for 01 year and was also imposed a fine of Rs. 5000/- and in default thereof to undergo rigorous imprisonment for six months.2. The present case germinates out of the complaint (Ext.12) lodged by one Nagendra Pd. Singh (P.W.13), a retired officer of the Excise Department, which was subsequently treated as an F.I.R. (Ext.3). As per the prosecution case, the appellant during the relevant time was posted as the Under Secretar...
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