Patna Court January 2009 Judgments
Mukesh Kumar Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-30-2009
Navin Sinha, J.1. Heard leaned Counsel for the petitioners, 37 in all in the six writ applications and the learned Advocate General appearing on behalf of the Bihar Public Service Commission (hereinafter referred to as 'the BPSC').2. Advertisement No. 4 of 2007 was published on 6.11.2007 by the BPSC for conducting of a preliminary test (hereinafter referred to as 'PT') of combined competitive examination for the 48 to 52nd batches in the year 2008. Those who succeeded in the preliminary test held on 25.5.2008 and result published on 19.9.2008 were only to be invited for appearing at the main written examination. The answer sheets of the PT were in the OMR format (optical marker reader) to be read by a programmed computer software, in an objective type answer sheet.3. The petitioners aggrieved by non publication of their names in the list of successful candidates have preferred this batch of writ applications on a common ground. They have therefore been heard together and are being dis...
Tag this Judgment!Amit Kumar Son of Sri Ram Kumar Choudhary Vs. the State of Bihar,
Court: Patna
Decided on: Jan-30-2009
Chandramauli Kumar Prasad and Shyam Kishore Sharma, JJ.1. Petitioner seems to be well qualified. He is M.A., Ph.D and presently working as Panchayat Teacher. He intends offering his candidature for appointment to the post of Teacher in Higher Secondary Schools of Zila Parishad and of Urban areas and aggrieved by minimum cut off marks of at least 45% in Post Graduate Degree in Arts, Science or Commerce fixed by Rule 4(Kha)(ii) of Bihar Zila Parishad Madhyamik Evam Uchchtar Madhyamik Shikshak (Niyojan Evam Seva Shart) Niyamavali, 2006 and Rule (4)(kha)(ii) of Bihar Nagar Nikay Madhyamik Ebam Uchchtar Madhyamik Shikshak (Niyojan Evam Seva Shart) Niyamavali, 2006, has preferred this application and challenges its constitutional validity. According to him it should not be less than 55%. Challenge is also to the provisoto 4 (ga) of both the Rules which had relaxed the upper age limit in case of appointment of Teachers belonging to the trained category.2. Ordinarily, we would not have permit...
Tag this Judgment!Shyam Bihari Son of Shri Mahendra NaraIn Chaudhary Vs. the State of Bi ...
Court: Patna
Decided on: Jan-29-2009
Navaniti Pd. Singh, J.1. Petitioner in both the cases is a contractor entrusted with re- enforcement and widening of Muzaffarpur-Pusa Road from 0 to 15 kilometers and 15 to 30.08 kilometers respectively. As per the contract , he had to complete the work in March, 2008. There was a considerable delay in execution of the work and the petitioner was repeatedly informed to speed up. Ultimately, show cause were issued for slow progress and consequently cancellation of the contract. Petitioner field his detailed reply. In the reply , petitioner stated that the delay was not attributable to the petitioner. He stated that the work having been awarded , specifications were changed repeatedly, Obstructions on the roads were not removed timely by different authorities over which petitioner had no control. In between there were 22 bridges/culverts. Those had to be constructed by another agency over which petitioner had no control. Those constructions are considerably delayed because of which pet...
Tag this Judgment!Birendra Kumar S/O Brahmdeo Prasad and ors. Vs. the State of Bihar and ...
Court: Patna
Decided on: Jan-29-2009
Chandramauli Kr. Prasad, Acting C.J. and Shyam Kishore Sharma, J. 1. Both the appeals arise out of same order and as such they were heard together and are being disposed of by this common order.2. Writ petitioners- appellants, aggrieved by the common order dated 28th October, 2008 passed by the learned Single Judge in C.W.J.C. No. 13898 of 2008 and C.W.J.C. No. 14798 of 2008, have preferred these appeals under Clause 10 of the letters patent.3. Short facts, giving rise to the present appeal are; that the writ petitioners- appellants (hereinafter referred to as petitioners) were candidates for appointment as Assistant Public Prosecutor for which the Bihar Public Service Commission made advertisement bearing advertisement No. 2 of 1996. Total number of post advertised was 88 but the advertisement stipulated that the number of vacancies may vary. Thereafter, the Bihar Public Service Commission issued corrigendum and disclosed the number of up-to-date vacancies to be 246. The corrigendum ...
Tag this Judgment!Akhilesh Kumar S/O Gauri Shankar Singh @ Gauri Shankar Yadav Vs. the S ...
Court: Patna
Decided on: Jan-28-2009
1. Writ petitioner - appellant aggrieved by the order dated 19th November, 2008 passed by the learned Single Judge in CWJC. No. 1763 of 2002, has preferred this appeal under Clause - 10 of the Letters Patent.2. Short facts giving rise to the present appeal are that the brother of the writ petitioner - appellant (hereinafter referred to as the petitioner) was killed on 2nd April, 1996. On the death of the petitioner's brother, namely, Anirudh Prasad Yadav, the then Chief Minister of the State had gone to the village and announced his appointment and compensation to the family.Accordingly, by order as contained in memo dated 8th June, 1996, he was appointed temporarily as a Constable. Later on it was found that the petitioner's appointment was not in accordance with law and, accordingly, after giving show - cause notice to the petitioner, he was removed from service.3. Petitioner challenged his removal from service by filing writ application, which has been dismissed by the impugned ord...
Tag this Judgment!Kusum Devi W/O Raj Kishore Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-28-2009
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. No one appears for respondent No. 8 although notices were duly served upon her and power has also been filed on her behalf.3. The petitioner is aggrieved by the order dated 3.8.2007 passed by the Election Tribunal-cum-Munsif, Masaurhi, in Election Petition No. 4/2006 (Kusum Devi v. the State Election Office and Ors.) by which the petitioner's prayer for amendment has been rejected.4. The petitioner, being the defeated candidate in the election for the post of Mukhiya, has filed the election petition. At a later stage it was noticed that there were certain typographical errors in the election petition which needed to be rectified so as to not defeat the case of the petitioner and, accordingly, amendment petition was filed. The same was rejected by the impugned order on the grounds that the same was filed belatedly and without any valid reason.5. Out of the six amendments sought by the...
Tag this Judgment!Dharohar Devi Wife of Late Ram Lochan Singh Vs. the State of Bihar,
Court: Patna
Decided on: Jan-27-2009
Ramesh Kumar Datta, J.Heard learned Counsel for the parties.1. The petitioner seeks quashing of the order dated 12.1.2004 (Annexure-7) issued by the Commandant, Bihar Home Guard Division, respondent No. 2, by which the claim of the petitioner for appointment on compassionate ground has been rejected. 2. Learned Counsel for the petitioner has sought to raise the plea that the husband of the petitioner was an employee of the State Government and, accordingly, the provisions of the relevant Circular of the State Government in this regard would apply and she would be entitled to appointment on compassionate ground. However, it is rightly stated in the counter affidavit itself that the Home Guards being a voluntary organization, the husband of the petitioner was a mere volunteer to the same and not a permanent confirmed employee of the State Government and the Circular of the State Government cannot, therefore, apply in the case of the petitioner.3. In the impugned order the ground of dis...
Tag this Judgment!Commissioner of Income Tax Vs. Mukul Kumar
Court: Patna
Decided on: Jan-23-2009
Shiva Kirti Singh and Jayanandan Singh, JJ. 1. Heard learned Counsel for the Revenue. Inspite of notice nobody has appeared on behalf of the assessee.2. On an application Under Section 256(2) of the Income Tax Act (the Act) as it existed prior to the National Tax Tribunal Act, 2005, this Court formulated the question of law and directed the Income Tax Tribunal, Patna Bench, Patna to state the case to this Court for its opinion. Accordingly the Tribunal stated the case in connection with R.A. No. 49 (Pat)/1997 arising out of I.T.A No. 432(Pat)/1994 relating to the assessment year 1990-1991 on the following question of law: whether on the facts and in the circumstances, of the case, the Income-tax Appellate Tribunal was justified in quashing the order of the Commissioner under Section 263 specially when the assessee has not maintained any account and there is no material on record to show that enquiry was made regarding the genuineness of expenditure incurred?3. The assessments in quest...
Tag this Judgment!Prabhan Singh @ Prabhan Kumar Singh S/O Late Ram Vyas Singh, Vs. State ...
Court: Patna
Decided on: Jan-23-2009
Abhijit Sinha, J.1. Three of the F.I.R. named accused of Kudra P.S. Case No. 48 of 2006, G.R. No. 431 of 2006 have filed this application for quashing of order dated 15.3.2007 passed in Cr. Revision No. 183 of 2006 / 29 of 2006 by Sri Himanshu Shekhar Pandey, learned Presiding Judge, F.T .C. No. III, Kaimur at Bhabhua, whereby while dismissing the revision he has affirmed the orders dated 20.6.2006 and 26.9.2006, whereby cognizance has been taken for offences punishable under Sections 414/34 I.P.C. and 25(1-B)(A), 26 and 35 of the Arms Act.2. Briefly stated the prosecution case based on the self statement of S.I. Arbind Kumar, Officer Incharge, Kudra P.S. recorded at 9 A.M. on 21.4.2006, inter alia, is that police officials in course of a raid surrounded the house of one Prabhan Singh and one Sudama Singh in between 5 A.M. - 6 A.M. in village Keouri on receipt of information on previous night that the petitioners and others were assembling in the house with arms for possession of a pi...
Tag this Judgment!Dr. Vinod Kumar Singh, S/O Late S.P. Singh Vs. the State of Bihar,
Court: Patna
Decided on: Jan-23-2009
Mridula Mishra, J. 1. Heard the counsel for the parties.2. The petitioner, Dr. Vinod Kumar Singh, is working on the post of Associate Professor. Nephrology, Patna Medical College Hospital, Patna, under working arrangement since 14.05.1997. He has filed this application for a direction to the respondents to regularize his service on the post of Associate Professor, Nephrology, and for his promotion to the post of Professor in the Department of Nephrology from the date the post fell vacant, i.e., with effect from 01.11.2003.3. Petitioner's case is that he was appointed in the Bihar State Health Service on 21.03.1979. At that time there was no separate teaching cadre. All doctors either posted in the field hospital or in medical colleges were born in the common cadre. This practice continued until the State Government framed Rules, which became effective from 24th May, 1997. From this date a separate teaching cadre of doctors was created. Pursuant to an invitation for selection and appoi...
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