Patna Court October 2009 Judgments

Rajkishore Sah Vs. the State of Bihar and ors.

Court: Patna

Navin Sinha, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. Assailing the suspension learned Counsel for the petitioner submits that the impugned order of suspension was in contemplation of a departmental proceeding and charges having not been framed within seven months under Rule 9(7) of the Bihar CCA. Rules, 2005, in terms of the Full Bench decision reported in 2009(4) P.L.J.R. 272 (The State of Bihar and Ors. v. Gyan Kumar Ram and Ors.), paragraph-20, the order of suspension stands revoked by operation of law.3. Learned Additional Advocate General-3 appearing on behalf of the State submitted that the proceedings stated to be pending relate to the investigation and criminal trial under a vigilance case. Additionally, the order of suspension is under Rule 9(1)(c) to which, according to the Full Bench itself, the time limit prescribed under Rule 9(7) is not applicable.4. This Court will test the order of suspension on basis of the recitals contained ...

Banke Bihari Singh Vs. the State of Bihar and ors.

Court: Patna

Navin Sinha, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. Learned Counsel for the petitioner submits that the petitioner, holding the post of Executive Engineer in the Road Construction Department, was cleared by the Department of Vigilance in 2003 whereafter his case was considered by the Departmental Promotion Committee on 24.10.2004 for promotion to the post of Superintending Engineer in the Scheduled Tribe category and in which category 15 vacancies were available. After the recommendation of the Departmental Promotion Committee finding him fit for promotion to the post of Superintending Engineer, a Departmental Establishment Committee recommended him for additional discharge of duties of the post of Superintending Engineer while holding the substantive post of Executive Engineer. Similar recommendations for promotions were made of certain others too by the same Departmental Promotion Committee. In pursuance thereof the Establishment Committee ...

Smt. Mira Tibrewal W/O Sri Satyanarayan Prasad Vs. the State of Bihar ...

Court: Patna

Navaniti Prasad Singh, J.1. The petitioner is undisputedly an owner of a premises which has been in occupation of the Minor Irrigation Department of Government of Bihar and in which the Office of the Subdivisional Officer, Minor Irrigation Department, Subdivision -Jhanjharpur is located. The said premises was taken on rent sometime in the year, 1980 on a monthly rental of Rs. 125/-. It is not in dispute that thereafter the rent was enhanced from March, 1989 to Rs. 8,00/- per month by the orders of the Rent Controller -cum- Subdivisional Officer, Jhanjharpur. The same remained unaltered for 15 years without any enhancement. Petitioner, accordingly, requested the Minor Irrigation Department for enhancement of rent. First, the Department reverted stating that toilet and bath room facilities should be provided to consider the same. The same was, admittedly, provided by the landlady. Thereafter, the matter was again referred by the Department itself to the Subdivisional Officer -cum- Rent C...

Bharth Yadav Son of Sri Giro Yadav Under Guardianship of His Brother N ...

Court: Patna

Mandhata Singh, J.1. In a case for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, a claim was made on behalf of the petitioner about his being juvenile. Enquiry was conducted and several opportunities were given to the parties as they adduce oral and written documentary evidence. Medical Board was also constituted which submitted its opinion and after taking into consideration all the aspects discussing the witnesses, age of the petitioner was assessed beyond juvenility. His prayer for declaring him juvenile is rejected.2. Now the single point advanced on behalf of the learned Counsel for the petitioner is that after coming into existence of Juvenile Justice (Care & Protection of Children) Rules 2007 there is no scope at all to deviate from the direction made in Rule 12(3) of the Juvenile Justice (Care and Protection of Children) Rules.3. Rule 12(3) runs as follows:(3) In every case concerning a child or juvenile in conflict with law, the age det...

Prabhat Kumar Son of Late Indradeo Prasad Singh and ors. Vs. the Rajen ...

Court: Patna

Mridula Mishra, J.1. Petitioners in both the writ applications are presently working on the posts of Agricultural Inspector, Senior Technical Assistant, Junior Technical Assistant, Demonstrator and Research Assistant in the Rajendra Agricultural University. They have prayed for a direction to the respondent authorities of Rajendra Agricultural University to consider their cases for appointment/absorption/promotion to the posts of Assistant Professor cum-Junior Scientist under the provisions of Section 14.1(b) of the Rajendra Agricultural University Act. Petitioners have also prayed for quashing of the Advertisement No. 2/2009/RAU dated 22.7.2009 so far, it relates to recruitment of Assistant Professor-cum-Junior Scientists. Petitioners' grievance is that by issuing Advertisement No. 2 of 2009 dated 22.7.2009 for recruitment of Assistant Professor cum-Junior Scientist the Rajendra Agricultural University is trying to fill up the post by direct recruitments and leaving the petitioners' i...

Life Insurance Corporation of India Limited Through Its Senior Divisio ...

Court: Patna

Sudhir Kumar Katriar, J.1. This writ petition is directed against the order dated 15.5.1992, passed by the learned Presiding Officer, Labour Court, and the Authority under the Bihar Shops and Establishment Act 1953 (hereinafter referred to as the 'Bihar Act'), whereby the order of dismissal from service passed against respondent No. 2 herein has been set aside and he has been reinstated in service with full back-wages and other consequential benefits.2. A brief statement of facts essential for the disposal of the writ petition may be indicated. Indeed the basic facts are not in dispute. It appears that respondent No. 2 had originally joined the appellant Corporation way back in December 1955 as a Class IV employee. He was promoted to the clerical cadre, as Record Clerk, in July 1967. During the period October 1980 to July 1981, he had functioned as Record Clerk in the Despatch Section of Patna Branch No. 1. He was served with charge-sheet dated 31.8.1982 (Annexure-1), whereby allegatio...

Ram Krishna Thakur Son of Late Basudeo Thakur Vs. Om Prakash Thakur So ...

Court: Patna

Ravi Ranjan, J.1. This interlocutory application had been filed on behalf of the petitioner for condoning the delay in filing of Civil Revision. This Civil Revision was initially filed on 7.3.2006, however, ultimately after removal of defects it could finally be filed on 10.3.2006.2. It had been stated that as per the calculation of the office, the limitation had expired on 9th of November, 2005.3. I have heard learned Counsel for the petitioners as well as the opposite parties.4. It had been submitted on behalf of the petitioner that on advice, the petitioner had filed Misc. Appeal No. 29 of 2005 challenging the impugned order dated 19.7.2005 before the District Judge, West Champaran at Bettiah, however, since the appeal was not maintainable, the appeal was permitted to be withdrawn with a liberty to the appellant to seek relief at the appropriate forum. Thereafter, the petitioner had fallen ill and could come to contact his concerned Advocate on 23.2.2006 and ultimately the appeal co...

Amar Kumar Mahto and anr. Vs. State of Bihar and ors.

Court: Patna

Reported in: AIR2010Pat19

ORDERJayanandan Singh, J.1. This review application has been filed by the petitioner for review of order of learned single Judge passed on 16-10-2001 in C.W.J.C. No. 12369 of 2001 by which, even in absence of learned Counsel for the petitioner, writ application of the petitioner was dismissed on merits. Against the said order, petitioner had moved before a Division Bench of this Court in L.P.A. No. 1424 of 2001. The said L.P.A. was disposed of by order dated 6-5-2002 finding that, in view of submission of the learned Counsel for the appellant that some document could not be brought to the notice of the learned single Judge which had bearing on the merit of the case, appropriate course for appellant was to file review application before learned single Judge. Hence, this review application was filed and has been finally heard by this Court.2. In support of the review application, assailing orders passed by learned single Judge in the writ application of the petitioner as aforesaid, learn...

Baleshwar Singh Vs. the State of Bihar and ors.

Court: Patna

Samarendra Pratap Singh, J.1. The petitioner has prayed for quashing order dated 3.3.2006 passed by Commissioner, Saran in Supply Revision Case No. 8/2001-2002 as well as orders dated 30.3.2001 and 18.7.2000 passed by the Collector, Saran and the S.D.O., Marhaura canceling the retail cum Fair Price Shop dealership under public distribution system.2. On 24.6.2000 the S.D.O., Marhaura, Saran suspended the licein.e of the petitioner on the allegation that quintal of sugar was lifted on 20.6.2000 from Bihar State Food Corporation, Chapra and was sold in black market. The petitioner was also show caused as to why his licence be not cancelled. The petitioner filed his show cause vide Annexure-2. Annexure-3 is a report of the Supply Inspector, Marhaura, stating therein that the petitioner had not distributed sugar and kerosene oil to his customers in the month of May and June, 2000. After receipt of the report, the S.D.O. Marhaura cancelled the licence.3. The petitioner preferred appeal and r...

Radha Mohan Ojha Son of Late Ram Chandar Ojha Vs. the State of Bihar a ...

Court: Patna

Mandhata Singh, J.1. As both these cases arise out of the same sessions trial number, they are heard together and being disposed of by a common judgment.2. Prosecution case in brief is that appellant Gopal Ojha returned at about 4.30 P.M. from [Dumraon Consolidation Office, while informant's son Radha Mohan Ojha was sitting at his door. He was asserting a claim of his share in land of Khata No. 92 measuring an area of 6 Acres and 42 Decimals, Gopal Ojha started abusing him, that was protested, which led to an altercation. Gopal Ojha brought a Farsa from his house and Ramjee Ojha, Srikant Ojha, Rambilash Ojha, Laxaman Ojha, Rampravesh Ojha and Nathuni Ojha also appeared there with Lathi. It is said that Gopal Ojha blew farsa on the head of the informant's son and remaining accused persons assaulted his son by means of Lathi. He became unconscious, taken to hospital by co-villagers. After concluding the trial accused-appellants Ramjee Ojha, Srikant Ojha, Laxaman Ojha and Nathuni Ojha hav...