Patna Court April 2010 Judgments
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Vijay Kumar Singh Son of Sri Shobhi Lal Verma Vs. Bihar State Financia ...
Court: Patna
Decided on: Apr-15-2010
V.N. Sinha, J.1. Petitioner and the respondents in the two writ applications are common, in the circumstances, both the applications have been taken up together for hearing in the light of the orders of this Court dated 17.3.1999 passed in C.W.J.C. No. 3139 of 1997.2. Petitioner at the relevant time served on the post of Assistant Office Superintendent in the Bihar State Financial Corporation (hereinafter referred to as the Corporation). In C.W.J.C. No. 3139 of 1997 he has challenged the office order bearing Memo No. 3525 dated 28.2.1997, Annexure-9, whereunder in the light of the findings recorded by the Enquiry Officer under report dated 20.1.1997, Annexure-7 pursuant to memo of charge dated 1.11.1996, Annexure-1, he has been awarded the punishment of demotion and demoted to the rank of Assistant for failure to comply the transfer order dated 15.2.1996, Annexure-A to the counter affidavit directing him to join the Saharsa Branch Office by 23.2.1996 thereby he remained under unauthori...
Laxman Ram Son of Late Dedhari Ram Vs. the Hon'ble High Court through ...
Court: Patna
Decided on: Apr-15-2010
Sudhir Kumar Katriar, J.1. This writ petition is directed against the order dated 16.12.2004 (Annexure 10), issued under the signature of respondent No. 2, whereby the petitioner was not given the benefit of continuance of service beyond 58 years of age.2. A brief statement of facts essential for the disposal of the writ petition may be indicated. The petitioner was appointed as a Munsif on a purely ad-hoc basis in the Bihar Judiciary by notification dated 23.8.76 (Annexure 1), and had joined as such on 28.9.76. He was confirmed as Munsif with effect from 28.9.76, vide notification dated 28.10.77 (Annexure 2). He was promoted to the post of Subordinate Judge on 4.3.98 (Annexure 4). He was confirmed as Subordinate Judge by notification dated 22.4.2003 (Annexure 7).2.1 In view of the judgment of the Supreme Court in All India Judges' Union v. Union of India : AIR 1993 SC 2493, a number of judicial officers including the petitioner were considered by a Committee of nine Judges of the Patn...
Era Surekha Daughter of Devi Dayal Sureka @ Devi Dutt Sureka, Vs. the ...
Court: Patna
Decided on: Apr-13-2010
Rakesh Kumar, J.1. In a room of Hotel 'Satkar' on 19.5.1997 a murder had taken place. Accordingly, an F.I.R. vide Kotwali P.S. Case No. 169 of 1997 was registered against two named accused persons, namely Purshottam Kumar Singh and Rakesh Kumar Agrawal. In the said case after investigation, the police submitted interim chargesheet on 14.8.1997 against the two accused persons and further investigation was kept pending. On the same date, the learned Magistrate took cognizance of offences and subsequently on 20.9.1997, the case of two accused persons were committed to the court of Sessions. Sri Shrawan Kumar learned Senior Counsel for the petitioners has submitted that the second chargesheet was submitted on 20.5.1998 and thereafter investigation by the police was closed.2. Four petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 26.2.1999 passed by the learned Chief Judicial Magis...
Bihar Industrial Area Development Authority Through Its Managing Direc ...
Court: Patna
Decided on: Apr-13-2010
ORDERDipak Misra, C.J.1. Questioning the legal propriety of the order dated 26.8.2009 passed by the learned Single Judge in CWJC. No. 7626 of 2009, the present intra-court appeal has been preferred.The facts, which are requisite to be stated for adjudication of this intra-court appeal, are that the respondent -writ petitioner (hereinafter referred to as 'the respondent') is a permanent employee of the Bihar Industrial Area Development Authority ((for short, 'the BIADA') constituted under the Bihar Industrial Area Authority Act (for brevity, 'the Act'). The BIADA has a set of Regulations, namely, Bihar Industrial Area Development Authority (Finance Service and Technical) Regulations, 2007 (hereinafter referred to as 'the Regulations'). The said Regulations deal with the service conditions of the employees.2. The respondent was dismissed from service on 14.1.2008 by the Managing Director invoking the power conferred on him under Clause 1.5(a) of the said Regulations. The said order came ...
Shyam Babu Rai Son of Late Paremeshwar Rai Vs. the State of Bihar and ...
Court: Patna
Decided on: Apr-13-2010
Navaniti Prasad Singh, J.1. The petitioner claimed to be in possession of certain properties in front of and across the main eastern gate of the Patna High Court. He challenges the proceedings for his removal as an encroacher from these lands and premises. Be it noted that petitioner created several small tenantments and let them out on rent to different service providers like photo copiers, eateries etc. It appears when the writ petition was filed, petitioner claimed a small portion of plot No 392. This Court ordered that except for plot No 392, the rest of the area may be got vacated and possession resumed by the State after proper measurement. Upon proper measurement, it was found that plot No 392 lays squarely within the precincts of the High Court with which obviously the petitioner had nothing to do. The rest of the area, which were different plots, were demolished and taken possession by the State.2. Petitioner's grievance initially was that the notice, as issued to him, referre...
Naresh Choudhary Son of Late Ram Sharan Roy, Edbpm of Bardih Edbo Vs. ...
Court: Patna
Decided on: Apr-13-2010
Kishore K. Mandal, J.1. Both the writ petitions seek to challenge the common order dated 31.01.2005, passed by the Central Administrative Tribunal, Patna Bench (CAT for short), in O.A. No. 113 of 2000 (Naresh Choudhary v. Union of India and Ors.), and O.A. No. 63 of 1999 (Binod Paswan v. The Union of India and Ors.), whereby both the applications along with another original applications were disposed of, and it was held that the petitioners of both the present original applications were not entitled to any relief. The learned Tribunal had disposed of the original applications by issuing following directions:We direct the Chief Post Master General, Bihar Circle, Patna, to personally look into the matter and take a positive decision as to how the post in question is required to be filled up;(ii) appropriate notification thereafter should be issued by giving requisition to Employment Exchange as well as wide publicity of the notification from open market should be done and then appointmen...
Bihar State Electricity Board Thought Its Secretary, Vs. Shri Naresh M ...
Court: Patna
Decided on: Apr-13-2010
Navin Sinha and Dinesh Kumar Singh, JJ.1. Heard learned Counsel for the appellant Board and learned Counsel appearing for the respondents.2. The appellant is aggrieved by the judgment and order dated 25.5.2000 in C.W.J.C. No. 9742 of 1998. The aforesaid judgment held that the action initiated against the respondents under Rule 43(a) of the Bihar Pension Rules, 1950 (hereinafter called the Pension Rules) was vitiated being impermissible in law. The show cause notice dated 3.8.1998, the order dated 23.10.1998, stopping the pension and the order dated 9.3.1999 directing recovery of a sum of Rs. 1,19,160/- from the pension of the respondent was accordingly quashed.3. The respondent retired as a Superintending Engineer (Civil) on 31.1.1993. He was paid his final pension by order dated 28.1.1993 and was receiving the same. After his superannuation, certain clarifications were sought from him on 25.1.1997 with regard to certain payments made to a Contractor, M/s Azad Builders, duly replied by...
Akhileshwar Chaudhary S/O Kali Choudhary Vs. the State of Bihar and or ...
Court: Patna
Decided on: Apr-13-2010
Navin Sinha and Dinesh Kumar Singh, JJ.1. Heard learned Counsel for the appellant and learned Counsel for the State.2. The original petitioner Kali Choudhary was deceased on 16.4.2002 during the pendency of the appeal and was substituted by his son Akhileshwar Choudhary.3. The controversy concerns the date of birth of Shri Kali Choudhary who was appointed on 1.8.1969 as a helper originally in the Tenughat River Valley Project. He claims to have discovered an error in his date of birth recorded in the service book when the gradation list of Class-4 post in the Madhubani Collectorate at Bisfi, where he was then posted, was published on 13.9.1979 showing his date of birth as 1.8.1943. His contention was that his correct date of birth is 15.7.1951 according to the School Leaving Certificate dated 17.2.1962, and his date of superannuation in accordance with the same was 31.7.2009. Relying upon a transfer certificated No. 41 dated 2.1.1958 by the Head Master, Basic School, Lakhanpur the resp...
Shiv Kumar Prasad, Son of Sri Jagat Ram Vs. Union of India (Uoi) Throu ...
Court: Patna
Decided on: Apr-13-2010
Kishore Kumar Mandal, J.1. This writ petition is directed against the order dated 9.8.2005, passed by the Central Administrative Tribunal, Patna Bench, Patna, in OA No. 718 of 1999 (Shiv Kumar Prasad and Ors. v. Union of India and Ors.), whereby the learned Tribunal has refused to interfere with the order dated 17.11.99 (Annexure 11), passed by the authorities reducing the scale of pay of the petitioner.2. According to the writ petition, there are two levels of recruitment relevant in the present context. One of them is Traffic Inspector which is a generic name of that category of employees who, after their recruitment and completion of training, serve the Indian Railways as Assistant Station Master, Assistant Yard Master, Traffic Inspector and Section Controller. This category is not relevant in the present context, and we may not pursue it further. The other category is relevant in the present context, namely, Commercial Apprentice which once again is the generic expression who, afte...
Ramjee Prasad S/O Late Madan Bihari Lal Vs. the State of Bihar and ors ...
Court: Patna
Decided on: Apr-13-2010
J.N. Singh, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. The short facts of the case are that the petitioner was appointed on 29.3.1964 as Store Clerk-cum-Diet Daroga under the Health Department. With the introduction of time bound promotion scheme for the employees of the Government with effect from 1.4.1981, petitioner was granted first time bound promotion from that date as at that time he had completed the requisite years of Service. Subsequently, petitioner was granted second time bound promotion also with effect from 28.9.1989. He was granted the benefits of the promotions also. He continued as such and finally, he superannuated from service with effect from 31.12.1997. After superannuation, he submitted his pension papers on 21.2.1998. It appears that during scrutiny of his pension papers it appeared to the respondents that the petitioner had been wrongly granted the two promotions. Therefore, a show cause notice was issued to him vide lette...
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