Patna Court February 2009 Judgments
Kapildeo Roy S/O Late Ram Swaroop Roy Vs. the State of Bihar,
Court: Patna
Decided on: Feb-18-2009
Shailesh Kumar Sinha, J.1. The petitioner challenges the order contained in letter No. 807 dated 26.02.1981 (Annexure-18) issued by the respondent No. 3 refusing the request of the petitioner to allow him to join on the post of Section Officer at Zila Parishad, Darbhanga after his return from deputation and make payment of salary with effect from 1.11.1980.2. The short relevant fact of the case is that petitioner was appointed in the service of the Zila Parishad, Darbhanga vide letter No. 571 dated 22.04.1964 (Annexure-3). While the petitioner was in the service of the District Zila Parishad, he joined on the post of Assistant Superintendent in the Industrial Training Institute (ITI), Muzaffarpur on 16.04.1977. Petitioner although as per his letter dated 15.04.1977 (Annexure-8), requested for granting him a lien on the post of Section Officer for a period of one year with effect from 16.04.1977. The petitioner, however, without waiting for any order to be passed, joined the aforesaid ...
Tag this Judgment!Tulsi Choudhary, Son of Bansi Choudhary and Ram Charitra Choudhary, So ...
Court: Patna
Decided on: Feb-18-2009
Dharnidhar Jha, J.1. The appellants in the two appeals were put on trial in Sessions Trial No. 738 of 1990 for a composite charge under Sections 147 & 302 read with Section 149 of the Penal Code and the same ended in the judgment dated 13th of September, 1993 passed by the Additional Sessions Judge I, Jamui in the above noted trial. By the above judgment, all the appellants were found guilty under Sections 147 and 304 Part II read with Section 149 of the IPC. Appellants Tulsi Choudhary and Ram Charitra Choudhary were directed to suffer rigorous imprisonment for Seven years for their conviction under Section 304 Part II read with Section 149 of the IPC. As regards their conviction under Section 147 of the Penal Code the learned Judge directed appellants Tulsi Choudhary and Ram Charitra Choudhary and rest of the appellants to suffer rigorous imprisonment for one year for their individual convictions under Section 147 of the Penal Code. The remaining five appellants except Tulsi Choudhar...
Tag this Judgment!Harinandan Sharma Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-18-2009
Navin Sinha, J.1. The petitioner is aggrieved by the order of punishment dated 30.10.1993 visiting him censure for the year 1987-1988 and that nothing beyond subsistence allowance was payable for the period of suspension. He is also aggrieved by the appellate order dated 27.4.2002 by which the punishment has been affirmed.Learned Counsel submits that the petitioner was issued a show cause notice on 22.5.1993, to which he replied on 6.10.1993.2. The short submission on behalf of the petitioner is that there has been no consideration of the cause shown by him in the order of punishment dated 30.10.1993. The appellate order was non-speaking and unreasoned.3. Counsel for the State sought to support the impugned order that no prejudice had been caused to the petitioner, as he had submitted a detailed show cause and on consideration of which the order has been passed. The remedy of appeal had also been availed.4. The punishment imposed on the petitioner is minor in nature under Rule 55A of ...
Tag this Judgment!Most. Krishna Devi W/O Late Ram Niwas Singh and ors. Vs. the State of ...
Court: Patna
Decided on: Feb-17-2009
Navin Sinha, J.Heard learned Counsel for the petitioner and the State.1. The original petitioner has been deceased during the pendency of the writ petition on 13.9.2005 and was substituted by his legal heirs on 12.2.2009. The issue now for consideration is of the financial implication for the family of the deceased on the impugned order.2. The impugned order dated 27.3.1998 at Annexure-12 holds that the appointment and promotion of the deceased petitioner on the post of Correspondence Clerk on 12.3.1982 was irregular. That he had not passed the Accounts examination and, therefore, the first time bound promotion given to him with effect from 1.4.1981 was contrary to law. Both the orders were cancelled with directions to recover all payments made in pursuance of the same to the petitioner.3. The petitioner was appointed in work charge establishment as a Gauge Reader on 1.7.1970. On 19.2.1981 the Respondents constituted a selection committee for considering work charge employees for abso...
Tag this Judgment!Ram Naresh Sharma, Vs. the State of Bihar
Court: Patna
Decided on: Feb-17-2009
Dharnidhar Jha, J.1. This appeal arises out of the judgment and order of conviction passed by the 3rd Additional Sessions Judge, Vaishali at Hajipur, in Sessions Trial No. 65 of 1987 on 27.8.1993. The four appellants were put on trial in the above noted case for a joint charge under Section 307/34 of the Indian Penal Code. There were individual charges also. Appellant Ram Naresh Sharma was charged under Section 326 of the Penal Code for causing grievous hurt to Nevilal Sharma, P.W. 5, whereas, appellant Anant Lal Sharma stood charged under Section 324 of the Penal Code for causing hurt to the above noted P.W. 5, namely, Nevilal Sharma. The remaining two appellants, namely, Nagendra Sharma and Dhurandhar Sharma were charged under Section 323 of the Penal Code for causing hurt to the informant Nevilal Sharma. The occurrence took place on 28.4.1984.2. The prosecution story was that the grand son of the informant had defecated in the field of the accused persons and, as such, appellant Na...
Tag this Judgment!Jokhan Sah S/O Late Baidyanath Sah and Vs. the State of Bihar and
Court: Patna
Decided on: Feb-16-2009
Abhijit Sinha, J.1. The two persons arrayed as accused in Complaint Case No. 2109 (C) of 2006 have prayed for the quashing of the order dated 12.10.2007 passed by Sri D. Mishra, Judicial Magistrate, 1st Class, West Champaran at Bettiah, whereby they have been summoned to face trial for offences under Sections 436/34 I.P.C.2. That one Mostt. Deepraji, impleaded as O.P. No. 2 herein, had filed the aforesaid complaint inter alia stating that she along with her family members was sleeping in her house at around 11 P.M. in the night of 1.11.2006. Suddenly on alarm raised by Umrawati Devi regarding fire and seeing her flee the complainant along with her family members along with others villagers who had woken up also fled. In the light of the burning fire she saw accused No. 1 hiding a bottle. The burning fire was doused by the co-villagers and eventually it was found that all articles had been burnt including the chouki whereupon were kept the bedroll, mosquito-net etc. The claim is that t...
Tag this Judgment!NavIn Chandra Son of Shri Rajeshwar Prasad and ors. Vs. State of Bihar ...
Court: Patna
Decided on: Feb-16-2009
Shiva Kirti Singh and J.N. Singh, JJ. 1. Heard learned Counsel for the appellants, learned Counsel for the State and learned Counsel for the Bihar Public Service Commission.2. This appeal is directed against the judgment and order of the writ court dated 9.4.1999 whereby the writ petitions bearing C.W.J.C. Nos. 12307 and 12109 of 1996 were dismissed on merits.3. The matter in issue has long and chequered history. Advertisement No. 13/87 was published on 7.8.1987 for holding 2nd Limited Competitive Examination to be conducted by the then Bihar State Subordinate Service Selection (hereinafter referred to as 'the Board') for appointment of Secretariat Assistants. The writ petitioners who are the appellants also applied to take that limited competitive examination since appellant Nos. 1 to 20 belonged to Secretariat and attached offices and appellant Nos. 21 to 36 belonged to Muffasil offices and were eligible to apply for the higher post of Secretariat Assistant. The result was published...
Tag this Judgment!Kamala Prasad Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-13-2009
Navin Sinha, J.1. Heard leaned Counsel for the petitioner and the learned Counsel for the State.2. I.A. No. 7235 of 1008 has been filed by the heirs of the original petitioner who is stated to have been deceased during pendency of the application on 26.10.2008. The claim in the writ application is for re-imbursement of medical expenses incurred by the petitioner during his service tenure. Since the matter has financial implications for the family of the deceased after hearing the Counsels for the parties this Court considers it proper to allow I.A. No. 7235 of 2008 and directs to substitute the original deceased petitioner with his legal heirs as mentioned in paragraph 1 of the Interlocutory Application.3. The claim in the writ application is for re-imbursement of the medical expenses quantified at appropriately Rs. 4 lacs and odd in pursuance of the Kidney replacement operation undergone by the deceased at Chennai in 2000.4. Learned Counsel for the petitioner submits that the petitio...
Tag this Judgment!indradeo Narayan Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-13-2009
Navin Sinha, J.1. Heard leaned Counsel for the petitioner and the learned Counsel for the State.2. The petitioner is aggrieved by the order of punishment dated 12.11.2001 in a departmental proceeding vide Annexure 13 visiting him with the recovery of Rs. 2.45 lacs and that nothing beyond subsistence allowance shall be payable for the period of suspension. The petitioner is stated to have superannuated from the post of Executive Engineer, Water Resources Department on 30.9.2001.3. A memo of two charges were issued to him on 7.10.1991. He replied to the same. When an enquiry report of exoneration came to be submitted on 23.1.1993. On 7.9.1996 a show cause notice for difference of opinion with the report of exoneration was served when punishment followed on 22.9.1997 for recovery of Rs. 4 lacs. to be recovered from his salary or pension, as the case may be and that nothing beyond subsistence allowance was payable for the period of suspension.4. The petitioner came to this Court in CWJC N...
Tag this Judgment!Vishwanath Choudhary Son of Late MeIn Choudhary Vs. the State of Bihar ...
Court: Patna
Decided on: Feb-13-2009
Navaniti Prasad Singh, J.1. The petitioner had filed this writ application under very peculiar circumstances. He had executed three contracts for the Government being Contract No. 47F2 1993-1994, Contract No. 46F2 1993-1994 and Contract No. 49F2 1992-1993. As is usual when matters for payment came, on one pretext or the other or on one pretence or the other, payments were not made. Ultimately good sense prevailed on the State and the matter was referred to a Liability Committee headed by the Chief Engineer to enquire into the matter. The Liability Committee enquired into the matter and, so far as the first two contracts are concerned, accepted the State's liability in full, as claimed by petitioner. Even though the Liability Committee accepted it, the Engineer-in-Chief then, as an appellate authority, the propriety whereof this Court doubts, went into the question but fortunately, for the petitioner, did not differ. The Engineer-in-Chief also accepted the full liability of State in re...
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