Patna Court May 2014 Judgments
Md. Maroof Azam and Another Vs. the State of Bihar and Others
Court: Patna
Decided on: May-16-2014
1. Heard learned counsel for the parties. 2. In this writ application two petitioners have assailed an inquiry report dated 04.09.2009 as contained in Annexure-20 to this writ application and to that extent, it would be relevant to quote relevant portion of the prayer of the petitioners in this writ application which reads as follows:- "for issuance of an appropriate writ/order/direction quashing the enquiry report dated 04.09.2009 which is a nullity in the eyes of law and consequently the Respondents be directed to pay the arrears of salary of the petitioners with interest." 3. Learned counsel for the petitioners in this regard has submitted that the petitioners initial appointment on the post of Panchayat Shiksha Mitra having been made on 10.04.2003 and they having been continued on such post of Panchayat Shiksha Mitra till 01.07.2006 had stood absorbed on the post of Panchayat Teacher and therefore either the denial of payment of salary to them or an adverse inquiry report dated 04....
Tag this Judgment!Dilip Kumar Vs. the State of Bihar and Others
Court: Patna
Decided on: May-16-2014
1. Heard learned counsel for the parties. 2. The prayer of the petitioner in this writ application reads as follows:- œ 1(a) For issuance of appropriate writ in the nature of Mandamus for directing and commanding the concerned respondent authorities to appoint the petitioner a panchayat Teacher by quashing the order passed in memo No.- 738 dated 02.12.2008 passed by the learned BDO, Chhaurahi, under Begusarai District whereby and whereunder the learned BDO-Chhaurahi has found it that the persons who have been appointed as Panchayat Teachers (i.e.- Respondent No.-11) have less than the present petitioner as- petitioner is having 57.55% marks while Respondent No.-11 Anil has got 54.44% but has refused to appoint the petitioner saying therein that the petitioner could not brought the certificate of the date of Birth even after information, but has not considered this fact that the date of birth of the candidates have already mentioned in the every certificate of matriculation. (b) F...
Tag this Judgment!Raja Mishra Alias Raja Ram Mishra and Others Vs. the State of Bihar
Court: Patna
Decided on: May-16-2014
1. These two appeals are directed against the common judgment dated 14th of March, 1990 passed by the 1st District and Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 270/61 of 1978/1985, whereby and whereunder, the appellant Ram Sanehi Mishra and Basgit Koeri have been convicted under Section 302 of the Indian Penal Code for committing offence of murder of Baliram Mishra while the remaining appellants, namely, Raja Mishra, Gobardhan Koeri, Aliyar Koeri and Sipahi Koeri were convicted for offence under Section 302 r/w 149 of the Indian Penal Code for commission of the said murder of Baliram Mishra and all of them have been sentenced to undergo imprisonment for life. The appellant Ram Sahehi Mishra, Raja Mishra, Gobardhan Koeri, Aliyar Koeri and Sipahi Koeri have also been convicted for offence under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years. The appellant Basgit Koeri has been further convicted for offence un...
Tag this Judgment!Manju Kumari Vs. the State of Bihar and Others
Court: Patna
Decided on: May-16-2014
1. Heard learned counsel for the parties. 2. In this writ application, the petitioner has assailed the order dated 7.1.2012 passed by the District Teachers Appointment Appellate Authority, Jehanabad (hereinafter to be referred to as the Tribunal) in Complaint Case No. 518(41)/2011, whereby and whereunder while allowing the complaint of Respondent no. 7 the appointment of the petitioner on the post of Prakhand Teacher has been cancelled with a consequential direction to the respondent Block Education Extension Officer cum Secretary, Block Teacher Appointment Committee, Kako, Jehanabad to consider the case of the respondent no.7 for his appointment on the post of Prakhand Teacher. 3. Learned counsel for the petitioner, in support of the aforementioned prayer, has basically concentrated on the aspect that the appointment of the petitioner was made against a specific post reserved for Backward Female Category and as such, her appointment could not have been questioned much less set aside a...
Tag this Judgment!Ram Awadhesh Singh Vs. the State of Bihar and Others
Court: Patna
Decided on: May-16-2014
1. Heard learned counsel for the parties. 2. The prayer of the petitioner in this writ application reads as follows:- "That, this is an application for issuance of an appropriate writ order or direction including a writ in the nature in the nature of Mandamus for direction to the concerned respondents to appoint the petitioner as Government servant in regular pay scale at the post of clerk on the basis of compensate ground in the light of the recommendation of the Headmaster of Jawaharlal Nehru High School Sevapuri Fakarabad to the compensate committee Kamur and thereafter cancel the employment of the petitioner from post of Prakhand Teacher,." 3. Learned counsel for the petitioner has submitted that though the petitioner after the death of his father on 06.02.2010 who was working as Peon in Jawaharlal Nehru High School Sevapuri Fakarabad in the district of Kaimur was appointed on compassionate ground on the post of Prakhand Teacher by order dated 20.08.2011 and is still continuing aga...
Tag this Judgment!Uday Kumar Singh @ Uday Singh and Others Vs. Kameshwar Singh and Other ...
Court: Patna
Decided on: May-16-2014
I.A. Ansari, J. 1. Under challenge, in the present appeals, are the judgment, dated 13.01.2014, of conviction, in Sessions Trial No.242 of 1987, by learned Ad hoc Additional Sessions Judge II, Vaishali at Hajipur, and the order, dated 18.01.2014, whereby sentences have been passed against all the accused-appellants. 2. By the impugned judgment, the learned trial Court has convicted all the accused-appellants, except accused-appellant, Kameshwar Singh, namely, (i) Uday Kumar Singh @ Uday Singh, (ii) Ranjeet Choudhary, (iii) Ram Babu Singh, (iv) Sachitanand Singh @ Sachchidanand Singh, (v) Sanjay singh, (vi) Kapildeo Singh, (vii) Sunil Kumar Singh, and (viii) Surendra Singh, under Sections 302 read with Section 149 of the Indian Penal Code. Following their conviction under Section 302 read with Section 149 of the Indian Penal Code, the accused-appellants, namely, (i) Uday Kumar Singh @ Uday Singh, (ii) Ranjeet Choudhary, (iii) Ram Babu Singh, (iv) Sachitanand Singh @ Sachchidanand Singh,...
Tag this Judgment!ismahmmad Mian and Others Vs. the State of Bihar and Others
Court: Patna
Decided on: May-16-2014
1. Heard learned counsel for the parties. 2. The relevant part of the prayer of the petitioners in this writ application reads as follows:- œ------ for commanding and directing the concerned authorities for the same and the similar treatment to the petitioner as par with the teachers working in the elementary schools taking into consideration the facts that they were appointed in pursuance of the different orders passed by the Apex Court pertaining to the appointment of 34540 Assistant Teachers and provide the pensionary benefit instead to the General Pension Scheme in terms of the ration decided by the Apex Court in case of D.S. Nakra? 3. Learned counsel for the petitioners, in support of the aforesaid prayer, has basically concentrated on the aspect that since the appointment of the petitioners, though made in the year 2012 at a point of time when the Government has decided to do away with the earlier pension scheme by substituting it with the contributory pension scheme, the s...
Tag this Judgment!Kamli Devi Vs. the State of Bihar
Court: Patna
Decided on: May-16-2014
I.A. Ansari, J. 1. By the judgment and order, dated 05.06.2006, passed, in Sessions Trial No. 781 of 2003, by learned Additional Sessions Judge, Fast Track Court No. II, Jamui, the appellant, Kamli Devi, stands convicted under Section 302 of the Indian Penal Code. Following her conviction under Section 302 of the Indian Penal Code, the accused-appellant, Kamli Devi, has been sentenced to undergo imprisonment for life. 2. The case of the prosecution may, in brief, be described thus: (i) On the night of 2nd June, 2003, when Prakash Yadav (since deceased) was sleeping, on a cot, with his brother, Dharmendra Yadav (PW 8) and their father, Bhikho Yadav, Prakash Yadav cried out of pain. Shocked by his cries, PW 8 (Dharmendra Yadav) woke up and so woke up his father, Bhikho Yadav. In order to find out as to what had happened to Prakash Yadav, PW 8 (Dharmendra Yadav) switched on a torch-light and noticed, in the focus of the torch-light that, while Prakash Yadav was writhing in pain, accused, ...
Tag this Judgment!Lalo Chaudhary and Others Vs. the State of Bihar
Court: Patna
Decided on: May-16-2014
1. Appellants Lalo Chaudhary, Upendra Chaudhary, Rajo Chaudhary, Maheshwar Chaudhary, Sachidanand Chaudhary, Debo Chaudhary, Yogendra Chaudhary who have been found guilty for an offence punishable under Section 302/34 of the IPC, directing each of them to under go R.I. for life, under Section 148 IPC where for each of them independently directed to undergo RI for one year. Appellant Lalo Chaudhary held guilty for an offence punishable under Section 323 of the IPC and directed to undergo RI for six month with a direction to run the sentences concurrently vide judgment dated 27th March, 1990 passed by Sessions Judge, Saharsa in Sessions Trial No.49 of 1986 have preferred instant appeal. 2. Daso Mehta (P.W.6) recorded First Information Report on 19.06.1985 at 09:00 AM at Police Station disclosing therein that yesterday while his son Rajendra Mehta was harvesting maize crop from a field which they have taken on Batai from Sheo Ratan Bhagat along with his wife while wife of Upendra Chaudhar...
Tag this Judgment!Rinku Devi Vs. Union of India
Court: Patna
Decided on: May-16-2014
1. This appeal is directed against the judgment and order dated 28.8.2009 passed by Railway Claims Tribunal, Patna Bench in Claim Case No. O.A. No. 00303/1999 by which the claim case of the applicant-appellant has been rejected. 2. The case of the applicant-appellant, in brief, is that on 4.8.1999, her husband Bablu Prasad was travelling from Neora Station to Rajendra Nagar Station on Train No. 388 Down. He was travelling as a bona fide passenger with proper ticket no. 39433 dated 4.8.1999. Due to heavy rush in the compartment, her husband was standing at the foot board on the southern side of the coach. Her husband was hit by the open door of the goods train coach which was coming from Patna on the Up-line and due to which he died on the spot. 3. Written statement was filed on behalf of respondent-railway denying the claim of the applicant-appellant on the ground that it does not come within the purview of Section 124 A of the Railway Act. After framing issues, A.W. 1, the appellant w...
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