Patna Court May 2009 Judgments

The East Central Railway (Engineering Department) Through Its Chief Ad ...

Court: Patna

J.B. Koshy, C.J.1. On 22.7.2007, the East Central Railway invited tenders for the construction of several residential units, staff quarters and other miscellaneous works at Sonepur/Hajipur. The estimated cost of the project was Rs. 106788840.20 paise. The tender stipulated price variation clause in Chapter - 3. Clause 34 of the said terms and conditions provides for price variation. Clause 34(A) is the general conditions for price variation. Clause 34(C) stipulates ceiling on price variation. As per Clause 34(C)(i), the adjustment ie. reimbursements/recovery based on price indices, shall be made only if to the extent the amount to be adjusted is in excess of 5% of the amount payable to the contractor as per accepted rates. As per Clause 34(C)(ii), the total amount of adjustments ie. increase/decrease in the payment to the contractor shall be limited to 10% ie. (15% - 5% (floor price)) of the amount finally payable to the contractor as per accepted rates for the contracts where the peri...

Mohan Singh and anr. Vs. the State of Bihar

Court: Patna

Reported in: 2009CriLJ4509

ORDERAbhijit Sinha, J.1. The two petitioners against whom Gaya (Kotwali) P.S. Case No. 49 of 2003 was registered and have been put on trial for charges under Section 25(1-B)A, 26 and 35 of the Arms Act have filed this application for quashing of the order dated 13-12-2007 passed by the learned Sessions Judge, Gaya, in Criminal Revision No. 121 of 2007 whereby he while dismissing the revision has upheld the order dated 26-6-2007 passed by Sri Om Sagar, the learned Judicial Magistrate, First Class, Gaya, in the aforesaid P.S. Case, where under he had allowed the petition filed by the prosecution under Section 311, Cr. P.C. to examine three prosecution witnesses.2. It appears that charge was framed against the petitioners on 22-3-2004 whereafter only three prosecution witnesses were examined. Dasti was received by the prosecution for production of the remaining witnesses including the three sought to be examined. It further appears that after affording reasonable opportunity and undue ind...

Kameshwar Rai Son of Sri Sheonarayan Rai, Vs. the State of Bihar Throu ...

Court: Patna

Reported in: 2009(57)BLJR2780

J.B. Koshy, C.J.1. In all these writ petitions, the challenge is directed against the award in Reference Case No. 5 of 1993 and 77 of 1994 on the file of the Labour Court, Patna. The issues referred for adjudication in both the cases are whether the termination of the workers named therein by the Bihar State Scheduled Caste Corporation Ltd ('the Corporation', for brevity), a Corporation registered under the Bihar Co-operative Societies Act, 1935 ('the Act', in short) is valid or not and whether they should be reinstated in service and given compensation. The references were made under Section 10(1)(c) of the Industrial Disputes Act (for short, 'the ID Act).2. The workers were appointed by the Executive Officer/Administrator on a temporary basis. Their services were terminated after the continuous service of one year and in that year, they had worked for more than 240 days. All the workers involved in the dispute were appointed in 1990-91 purely on temporary basis. Their services were n...

The State of Bihar Through the Secretary, Human Resources Development ...

Court: Patna

S.K. Katriar and Kishore K. Mandal, JJ.1. The appellants are aggrieved by the order dated 18.10.2006 passed, by a Learned Single Judge of this Court, in C.W.J.C. No. 3736 of 2006 Vinod Kumar Singh v. the Chancellor, The University of Bihar and Ors., whereby the writ petition at the instance of respondent No. 1 herein has been allowed, and the Bihar State University (Constituent Colleges) Service Commission (hereinafter referred to as 'the Commission'), has been directed to prepare a fresh list of 122 candidates, who had earlier been recommended for appointment on various teaching assignments in the three universities which now fall in the present State of Jharkhand, for appointment to the various universities which now fall within the present State of Bihar The two appeals arise out of a common order, raise common issues, and are, therefore, being disposed of by a common order. We shall draw the basic facts from the writ proceedings, except by reference to the two appeals.2. The basis ...

Chandrika Prasad Keshri, and anr. Vs. the State of Bihar, and ors.

Court: Patna

1. Dinesh Kumar Singh,JJ. Heard learned Counsel for the appellants, learned Counsel for the University and the learned Counsel for the State of Bihar. 2. The appellant no. 7 in L.P.A. No. 442 of 2003 is stated to have been deceased during pendency of the appeal and the appeal has therefore become infructuous with regard to him. It is accordingly disposed off in so far as appellant no. 7 is concerned only. 3. The appellants are non-teaching Class III and IV staff of the Shiv Deni Ram Ayodhya Prasad College (S.R.A.P.College) Bara Chakia, District East Champaran. Their claim to be considered for regularisation/absorption in the services of the University has been rejected by the judgment under appeal. 4. In view of nature of the order to be passed this Court does not consider it necessary to take note of the facts except to the extent necessary. 5. The appellants claim to have been appointed by the erstwhile Governing Body of the S.R.A.P. College after a process of 3 selection and joined ...

Dr. Binoy Kumar Son of Late Ram Chandra Prasad Vs. the State of Bihar ...

Court: Patna

Sudhir Kumar Katriar, J.1. Both the writ petitions raise common issues, have been heard together, and the issues are being disposed of by a common judgment. The facts essential for the disposal of the issue (s) shall be drawn from C.W.J.C. No. 12063 of 2005, except by specific reference to C.W.J.C. No. 4488 of 2004.2. The writ petition has been preferred with the prayer to quash the following resolutions of the Government of Bihar in the Department of Health, Medical Education, Family Welfare and Indigenous Medicine:(i) Memo No. 17/A3-4/2004-189 (17) dated 22.3.2004 (Annexure-11), whereby the State Government has framed a criteria (policy decision) for determination of seniority of Senior Residents in different teaching departments of the Medical Colleges of the State of Bihar.(ii) The final gradation list as contained in Memo No. 17/A-3-63/2004-289 (17) Patna, dated 4.4.2005 (Annexure-19), prepared on the basis of criteria evolved for determination of inter-se seniority of Senior Resi...

Bishun Ram @ Bishnu Ram Son of Ramdeo Ram Vs. the State of Bihar

Court: Patna

Sheema Ali Khan, J.1. This appeal arises out of a case in which the appellant has been convicted under Section 161 of the Indian Penal Code as also under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the Act').2. The appellant is an Executive Engineer in the Building Division, P.W.D. and was posted at Sasaram in the district of Rohtas during the relevant period.3. The prosecution case is that Randhir Kumar Singh, P.W. 16, a P.W.D. Contractor had done some work of annual repair of few B.M.P. Havildars quarters located at Dehri-on-sone for which a final bill (Ext. 13) was prepared after measurement. Badri Narain Upadhaya, P.W. 19 was posted as the Junior Engineer in Dehri-on-sone, Building Section No. 1 and the complainant, Randhir Kumar Singh, P.W. 16 was working directly under him. It is said that P.W. 19, Badri Narayan Upadhaya checked the bill and endorsed it to the appellant for passing orders of payment. After consider...