Court : Patna
sudhdir kumar katriar, j. 1. both these writ petitions have a good deal in common were directed to be heard together and are, therefore, being disposed of by a common judgment. in fact, cwjc no. 4486 of 1998 is consequential to cwjc no. 640 of 1996. i would like first to deal with cwjc no. 640 of 1996, as the facts are being taken from this writ petition, and cwjc no. 4486 of 1998 would be specifically mentioned when facts would be taken from that writ petition. cwjc no. 640 of 1996 is directed against the resolution dated 21-5-88 (annexure 1), passed by the regional manager of bihar state financial corporation (hereinafter referred to as 'the corporation'), whereby m/s sri bhagwatijee rice mill (hereinafter referred to as the 'rice mill'), was permitted to be reconstituted. the said resolution is extracted hereinbelow for the facility of quick reference :- 'resolve that m/s. sri bhagwatijee rice mill is allowed to accept the resignation of the partners sri rajendra gupta, sri gupteshwar prasad and smt. bhagwati devi and further allowed that sri surendra pd. will be the managing partner and to include smt. shashi gupta as a new partner of the concern.' 2. the writ petition is further directed against the consequential order issued bearing reference no. 405/88-89, dated 24-5-88 (annexure 1), issued under the signature of mr. r. haque, regional manager, patna, notifying the aforesaid resolution. 3. the rice mill was ancestral property of the petitioner and was allotted to the .....
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shiva kirti singh, j.1. petitioner in this writ application is a jail clerk in the service of government of bihar. he seeks quashing of order dated 10.3.1989 passed by the inspector-general of prisons, bihar, contained in memo no. 1677/j dated 14.3.1989 by which the punishment of stoppage of three annual increments of pay with cumulative effect has been awarded to the petitioner.2. in view of nature of grievance raised against the impugned order, it is not necessary in this case to take note of facts in detail. it is sufficient to note that according to respondents, petitioner was responsible for lapses on two counts while he was posted as a jail clerk at bettiah, accordingly, an explanation was asked for from the petitioner. according to respondents, the petitioner did not submit any explanation and thereafter through some sort of inquiry, he was found guilty of two charges and the impugned order was passed on that basis.3. petitioner's case is that no explanation was ever sought from him and in any event a major punishment could not have been awarded to him without resorting to holding a proper disciplinary proceeding in which charges, etc. should have been communicated along with memo of evidence and admittedly, this was never done and hence, the impugned order is in violation of principles of natural justice as well as in violation of provisions in the service rules which require a detailed enquiry in case of award of a major punishment, only after giving adequate .....
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s.n. jha, j. 1. the dispute in this letters patent appeal arising from the judgment and order of the learned single judge in c.w.j.c. no. 3133 of 1995(r) relates to abolition of contract labour in storage and handling work of scrap materials in the scrapyard of telco ltd., jamshedpur, under the provisions of the contract labour (regulation & abolition) act, 1970 (in short the contract labour act) and regularisation of the services of the members of the respondent-union as employees of telco. the respondent-union filed the aforesaid writ petition seeking implementation of the notification regarding abolition of contract labour in the aforesaid works under section 10 of the act. by the impugned judgment and order, the learned single judge allowed the writ petition with certain consequential directions. the management has come in appeal. 2. tata engineering and locomotive company limited (telco), the appellant, is a company incorporated under the companies act engaged in the manufacture of automobiles, etc. having factory premises at jamshedpur. in connection with its works, it employs a large number of workmen and also engages contractors for certain types of work who in turn engage their own labourers for executing such works. dispute arose relating to employment of contract labour in the establishment of the appellant-company in view of the provisions of the contract labour act and on december 16, 1977 a notification was issued prohibiting employment of contract labour in .....
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d.n. prasad, j.1. this application under articles 226 and 227 of the constitution of india has been filed by the petitioner (ram pravesh agrawal) for quashing of the first information report (annexure-3) in mandu ps case no. 172/99 dated 21.7.1999 corresponding to g.r. case no. 1207/99 under sections 39/44 of the indian electricity act, 1910 and under section 379 of the indian penal code including the entire prosecution launched against the petitioner, pending in the court of the chief judicial magistrate, hazaribagh.2. brief case of the prosecution leading to this application is that on 21.7.1999 a raiding party was organised for the purpose of detecting of energy theft and during the course of raid, it was found that m/s rishi cement company ltd. was showing 94887 units for the monthly consumption instead of 2,15,000/- unit and as such company of which the petitioner is the managing director was committing theft of energy of about 1,20,000 units per month and causing loss to the electricity board amounting to rs. 45 lakhs per year. it was also detected in course of raid that m/s rishi cement company ltd. was using about 5 k.w. of energy in the premises of m/s new bharat refractories ltd. having consumer no. kj 677 ht whose electric connection was disconnected on account of non-payment of electric dues amounting to rs. 1,57,791/-. it was found that the electric line was extended from m/s rishi cement company to m/s new bharat refractories ltd. and the energy was supplied .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Patna
1. this reference, under section 26 of the administrative tribunals act, 1985, arises out of a batch of seven cases, being oa no. 575/98 and ors. (already referred to above), wherein, there was difference of opinion expressed by the member (administrative) and member (judicial) of a division bench of this tribunal in the order dated 10th september, 1999. while disposing of all those oas, the member (administrative) was of the opinion that those should be dismissed whereas, the member (judicial) expressed his opinion otherwise and, accordingly, by a common order dated 1 oth september, 1999, the division bench made a reference to the hon'ble chairman under the aforesaid section of the act for disposal of these oas by a larger bench. therepupon, the hon'blc chairman, central administrative tribunal, principal bench, new delhi, by an order dated 04.11.1999 made a reference to this bench and, accordingly, the matter was heard again with participation of all the parties, referred to above.2. all the oas, referred to above, had almost a common set of facts raising issues also being common and, accordingly, those were heard analogus for disposal by a common order. before coming to the issues raised, it would be useful to recapitulate the basic facts, in short, while banking upon the facts of each of the cases having been referred to in extenso in the order dated 1 oth september, 1999, of the division bench. it is not deemed necessary to reiterate the facts in extenso of each of the .....
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sudhir kumar katriar, j. 1. this writ petition has been preferred with the prayer to quash the order dated 2-12-1997 (annexure-16), issued by indian oil corporation limited (respondent nos. 2 to 6), along with the covering letter dated 15-12-1997, whereby the letter of intent issued in favour of the petitioner for setting up a retail outlet for sale of petroleum products at village gaunaha, district west champaran, has been withdrawn. the respondents have not filed counter-affidavit. 2. the respondents had issued an advertisement which appeared in the local dailies of 19-8-1981 (annexure-1), inviting applications for grant of retail outlet dealership, inter alia, for village gaunaha, district west champaran. this was reserved for unemployed graduates, and there was also an income limit. the petitioner submitted his application along with others which were considered by the respondents and the letter of intent was issued to the petitioner. pursuant to the letter of intent, the petitioner had arranged a plot of land, and had also deposited the requisite sum of rs. 46,000/- in the bank. thereafter, the respondents issued letter dated 8-8-1983 to the petitioner, whereby the letter of intent was revoked and cancelled. the petitioner challenged the same by preferring c.w.j.c. no. 4523 of 1984 before this court which was disposed of by a learned single judge of this court by his judgment dated 23-9-1996, whereby the said letter dated 8-8-1983 was set aside, and the respondent- .....
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..... accident which was sanctioned by the authority of the p. f. .....
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shiva kirti singh, j.1. heard learned counsel for the petitioner, for the state and for the intervenor.2. petitioner's case is that being a recipient of president's fire service medal for incidents of years 1991 and 1992 for quallantry work and distinguished service respectively, he was entitled for a proper consideration for out of turn promotion to the post of assistant state fire officer equivalent of inspector of police, as per provisions of rule 660c of the police manual. his grievance is that in spite of such distinguished service career and enabling provision in the police manual, his representations for such promotion had no effect and the claim of the petitioner was wrongly rejected by the dg board vide letter contained in memo no. 3579 dated 8.9.1995 (annexure-10) only on the ground that the case of the fife service personnel for out of turn promotion was not in accordance with or covered by the rules.3. the petitioner subsequently got regular promotion to the post of assistant divisional fire officer equivalent to inspector of police in 1996 on the basis of his seniority and in 1997, he was again awarded president's fire service medal for gallant service for an occurrence of 8.9.1995. according to earned counsel for the petitioner, the decision contained in annexure-10 denying out of turn promotion to the petitioner or the personnel of bihar fire service is based upon misinterpretation of relevant rules and the petitioner's claim for out of turn promotion from an .....
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shiva kirti singh, j.1. this writ application has been filed by the petitioner for shifting the date of his promotion to the post of section officer with effect from 18.8.1987, the date when the petitioner and six other persons were made to officiate as section officers in their own pay-scales vide order contained in annexure-1 and also for grant of monetary benefits on account of such promotion from the date claimed.2. the relevant facts of this case are not in dispute. at the relevant time, the petitioner was a selection grade assistant and according to him, he was seniormost selection grade assistant in the department of minor irrigation when seven vacancies for the general category candidates occurred in the year 1987. as per the promotional rules the case of the petitioner and other eligible persons was considered and those who were found fit for promotion were given officiating promotion on 18.8.1987 vide annexure-1 but this was not a regular promotion because by this the roster clearance had not been received. as per counter-affidavit the roster clearance was finalised on 22nd march. 1988 and it is further admitted in paragraph 3 of the counter-affidavit that before 30the august, 1988, the date on which new cadre rules were notified, present writ petitioner was already found fit for regular promotion by departmental promotion committee.3. according to the petitioner, the process for promotion to the post of section officer had already started in 1987 and this fact is .....
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..... this appeal has been preferred by patna municipal corporation through its administrator which impugns order dated 15.5.99 recorded by the motor accidents claims tribunal (additional district and sessions judge vii, patna) in claim case no. ..... it was claimed that on the date of accident, the vehicle was under control of opposite party nos. ..... 6, central coal field limited, which was the owner of offending vehicle, had filed an application that mahesh choudhary, a hawker had died in accident on 27.7.97 in the town of patna. ..... the accident had taken place on 27.7.1997'. .....
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