Patna Court March 2014 Judgments
Jawahar Lal Singh and Others Vs. the State of Bihar and Others
Court: Patna
Decided on: Mar-14-2014
1. These fifteen writ applications involve only one question as with regard to relaxation of age for appointment on the post of Pharmacist and, therefore, they have been heard together and are being disposed of by this common judgment. 2. The facts giving rise to these writ applications lie in a very narrow compass, inasmuch as, the post of Pharmacist in the Health Department of the Government of Bihar having been not filled up at least from 1990 onwards, a few diploma holders in Pharmacy had initially moved this Court by filing their writ application, CWJC No. 4302 of 1998 with a prayer for issuance of a direction to the State of Bihar for filling up the post of Pharmacist as also discontinuing the existing arrangement of taking work from unqualified persons on the post of Pharmacist. 3. This Court by an order dated 21.7.1999, after considering the stand of the respondent State of Bihar, had directed the Commission-cum-Secretary of the Health Department to decide the grievance of the ...
Tag this Judgment!Ashok Kumar and Others Vs. the State of Bihar and Others
Court: Patna
Decided on: Mar-14-2014
In this writ application, the prayer of the petitioners reads as follows:- œ1. That this application is directed against letter no. 257 (4) dated 17.03.09 issued by the Director in chief, Health Services, Government of Bihar, Patna where under and whereby vacancy for the post of Pharmacist arising out of advertisement no. 22/Pharma-01/99 has wrongly been calculated and roaster has wrongly been applied by the health department due to which several qualified candidates could not have been appointed despite availability of vacancy. Further for a direction to grant appointment letters to the petitioners as œPharmacist? who are also applicants of Adv. No. 22/Pharma-01/99 after re-formulating and recalculating vacancies existing against the advertisement by adopting and observing proper roaster points in the light of prevailing roaster circulars and rules issued by the State Government time to time.? 2. As noted above, the grievance of the petitioners in this writ application rel...
Tag this Judgment!Shashi Bhushan Mishra and Others Vs. Bihar Staff Selection Commission ...
Court: Patna
Decided on: Mar-14-2014
1. Heard learned counsel for the parties. 2. In all these writ applications, the petitioners, being the aspirants for selection and appointment on the post of Pharmacist, have assailed the result of 468 candidates, who were declared to be successful by the Bihar Staff Selection Commission (hereinafter to be referred to as the Commission) in its communiqu published on 9.5.2012. A consequential prayer has also been made for preparing fresh list of selected candidates after holding fresh interview and giving due weightage to academic qualification specially in the Pharmacy examination in accordance with the past practice as well as the prevalent policy of the State Government. 3. These six writ applications, which were also heard together with other batch of writ applications relating to the same selection and appointment on the post of Pharmacist, are however being separately disposed of as in these cases, primarily the issue of anomalies in the process of selection has been raised. Let ...
Tag this Judgment!Mani Kant Singh and Others Vs. the State of Bihar
Court: Patna
Decided on: Mar-14-2014
1. These four appeals are directed against the Judgment/Order dated 22.4.2010/30.4.2010 passed by the 1st Additional Sessions Judge, Banka, in Sessions Trial No.730 of 1998, whereunder all the above named appellants have been convicted under Sections 366 and 376/34 of the Indian Penal Code with direction to suffer rigorous imprisonment for ten years under Section 366 of the Indian Penal Code with fine Rs.5000/- and in default of payment of fine further imprisonment for six months. The appellants have also been directed to suffer rigorous imprisonment for ten years under Section 376 of the Indian Penal Code with fine Rs.5000/- and in default of payment of fine to undergo further sentence of six months. Sentences have, however, been directed to run concurrently. 2. The prosecution case, as set out in the written report of the informant, Maheshwari Prasad Singh (P.W.4) addressed to the Superintendent of Police, Banka, is that on 18.3.1998 at about 7.30 P.M., his daughter, Nutan Kumari (P....
Tag this Judgment!Anil Yadav and Another Vs. the Bihar Agricultural University and Other ...
Court: Patna
Decided on: Mar-14-2014
1. Heard learned counsel for the parties. 2. In all these three writ petitions the petitioners who are working as drivers on contractual/temporary basis in the different offices and establishment of Bihar Agricultural University, Sabour (hereinafter referred to as the University) have sought to assail the Advertisement No. 3 of 2012 dated 02.05.2012 so far it relates to laying down of qualification for appointment on the post of driver in the University. Their challenge to the aforementioned advertisement is only confined to laying down of the requirement/possessing of both licence of L.M.V (Light Motor Vehicle) and H.M.V (Heavy Motor Vehicle). 3. In C.W.J.C No. 12248 of 2013, there are two petitioners namely, Anil Yadav and Nago Chauhan who have claimed that they are working on contractual basis for a very long period of time commencing from 1987 as is sought to be supported from the certificates enclosed by them vide Annexures-1, 2 and 4 in this writ application. According to them th...
Tag this Judgment!Lakshman Prasad Vs. Ram Darshan Mahto and Others
Court: Patna
Decided on: Mar-14-2014
1. The plaintiff-appellant has preferred this appeal against the judgment and decree dated 21.06.2008 passed by the learned Additional District Judge, F.T.C.IV, Motihari in Title Appeal No.23 of 1994/25 of 2007 by which the judgment and decree dated 24.02.1994 and 9.03.1994 respectively passed by the learned Sub-Judge-I, Motihari in Title Suit No.1 of 1987 have been set aside and the case has been remanded to the learned Sub-Judge to pass fresh judgment and decree after impleading Government Authorities in the suit, who has issued Purcha in favour of defendant nos. 6 and 8 (respondent nos. 1 and 3) and also to frame and decide the issue of adverse possession claimed by the defendant no.7 (respondent no.2). 2. The plaintiff-appellant filed Title Suit No.1 of 1987 in the court of Sub-Judge for declaration that the suit land belongs to the plaintiff and he is in possession by virtue of purchase from the lawful title holder, who had been in possession of the same and for further declaratio...
Tag this Judgment!Laxman Mahto Vs. the State of Bihar
Court: Patna
Decided on: Mar-13-2014
1. This appeal arises out of judgment of conviction and the order of sentence dated the 17th of April, 2002, passed by the learned Presiding Officer, Fast Track Court No. 4, Samastipur, in Sessions Trial No. 99 of 1992. By the impugned judgment the solitary appellant Laxman Mahto was held guilty of committing offence under Section 376 of the Indian Penal Code and was directed to suffer rigorous imprisonment for seven years and as also to pay a fine of Rs. 5,000/- and in case of having defaulted to pay the fine, the appellant was to undergo simple imprisonment for three months. 2. The prosecution story emanates from the First Information Report lodged by P.W. 4 Samundari Devi on 10.07.1989. It was stated by P.W. 4 that she had gone out of her house into the shrubs for attending to the call of nature where the present appellant also came and caught her and dragged her inside a dilapidated house. The appellant thereafter administered to her Modak (a preparation of Bhang with some sweetner...
Tag this Judgment!Pawan Kumar Ojha Vs. the State of Bihar and Others
Court: Patna
Decided on: Mar-13-2014
In this case, the petitioner is making prayer for quashing of Memo no. 851 dated 30th May 2001(Annexure-1) whereby and whereunder the services of the petitioner has been declared to have been appointed illegally without following the procedure of appointment and removed the petitioner from the service. It has been submitted that on 31st December 1992, local advertisement was published for appointment to the post of Clerk. The petitioner and others were called through Employment Exchange. Interview letter was issued vide letter dated 5th February 1993 (Annexure-3). Interview was conducted and the petitioner was declared as a successful candidate. The Divisional Establishment Committee on the basis of recommendation appointed the petitioner and others vide letter dated 27th January 1994 (Annexure 4 to this writ petition) on the post of Clerk in the pay scale of Rs. 1200-1800. The petitioner after being appointed, joined the post of Clerk on 29th August 1994 in the office of Assistant Dir...
Tag this Judgment!Jaldhari Yadav Vs. the State of Bihar
Court: Patna
Decided on: Mar-13-2014
1. Three accused persons including the present appellant were put on trial in Sessions Trial No. 254 of 1996 and by judgment dated 16.03.2002 one of them, i.e., the present appellant, namely, Jaldhari Yadav was found guilty of committing offence under Section 307 read with Section 34 of the Indian Penal Code and was directed to suffer rigorous imprisonment for six years. The other two accused, namely, Krishnadeo Yadav and Pirthwi Yadav were found not guilty and were acquitted of the charge. 2. Initially, there were four persons named with two unknown as accused who had indulged into the commission of the offence, but as it appears, the main accused Ramesh Yadav who was alleged to have fired the shot upon the informant was killed during the pendency of the trial and the trail as such proceeded only against three persons named in the First Information Report. 3. The prosecution case is contained in the Fardbeyan of informant Baidyanath Yadav (P.W. 8) recorded in Manihari Hospital on 18.0...
Tag this Judgment!Kumari Abha and Another Vs. the State of Bihar and Others
Court: Patna
Decided on: Mar-13-2014
1. At an initial stage, the applicant who are spouse namely, Kumari Abha, Sheo Shakti Kumar prayed for directing the respondents to open lock put by respondents at the petitioner?s residential house, got redressed during midst of pendency of instant writ petition on account of opening of lock by the respondent however, by way of addition of prayer asked for compensation. Because of the fact that the house has now been unlocked by the respondents hence lis lies over question of compensation if so, the quantum thereof. 2. Respondents have filed counter affidavit. 3. It is evident from respective pleading that one Gyan Krishan Kuliyar, District Welfare Officer was found in possession of unaccountable amount appertaining to Rs.5,87,760/- along with other items on 09-09-2012 and for that Civil Line P.S. Case No.339 of 2012 on the basis of which Special Case No.26 of 2012 (Vigilance) has been registered on the written report of Additional Collector, Gaya. Petitioner Sheo Shakti Kumar, who ha...
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