Court : Madhya Pradesh Jabalpur
..... 8- i have heard learned counsel for the parties at length and perused the original records.9- before adverting to consider the question on merits, it is thought appropriate to take note of the objections raised by shri r.l. ..... in view of the above it is though appropriate to remand the matter back to the collector, to decide the dispute afresh after taking note of the entire records, the facts as are indicated hereinabove and after conducting a proper enquiry, to determine the question in issue ..... the collector notified the petitioner as panchayat secretary on 1.12.07 annexure p/16.3- aggrieved by the aforesaid, respondent no.2 shri radheshyam tiwari, initially preferred an appeal before the sub divisional officer, who dismissed the appeal vide order-dated 26.3.2008 annexure p/17, as an appeal against resolution was not maintainable. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... arrears on such pay fixation w.e.f 1.1.1996 till actual payment be granted if it was granted to other employees of sada.15- as far as consideration of the petitioner's case for grant of kramonnati in accordance to the circular dated 24.1.2008 is concerned, petitioner is entitled for consideration of his case for grant of kramonnati and respondents are directed to proceed to consider the case for grant of kramonnati in accordance to the requirement of the policy annexure p/4 dated 28.11. ..... effect to notification annexure p/3 by the sada, pachmarhi without due approval, sanction and concurrence of the state government is nothing but an illegal act of the chairman, sada, pachmarhi which cannot be approved by this court. ..... 2000 (2) mplj 530 paragraph 20, petitioner is a 'civil servant' and, therefore, the circular dated 24.1.2008 will be applicable in the case of petitioner also. ..... the effect that petitioner is not a government servant and, therefore, the circular annexure p/11 dated 24.1.2008 is not made applicable to him, is wholly unsustainable. ..... claimed is that the benefit of kramonnati on completing 8 years and 12 years of service in accordance to the circular dated 24.1.2008 has not been granted to the petitioner. ..... director urban administration and development passed an order on 20.2.2008 annexure p/7, counting the period of 23 years 7 month as the qualifying service of the petitioner and granted him anticipated pension of 90% with effect from 1.11.2008 on the basic pay of 15,200/-. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... the promotion of respondent no.3 be cancelled and in his place the promotion be granted to the petitioner.23- as the initiation of departmental proceedings now by exercising power of review under rule 29 is found to unsustainable, the order-dated 16.12.2008 annexure p/2, for review/revision of the order of exoneration dated 11.4.2007 annexure p/4, passed by the disciplinary authority is quashed and further the departmental enquiry initiated vide annexure ..... senior advocate, cannot be accepted.9- i have heard learned counsel for the parties at length and perused the records.10- before adverting to consider the rival contentions, it would be appropriate to take note of the statutory provisions involved in the matter i.e.. ..... with the expression"notwithstanding anything contained in the act or in some particular provision in the act or in some particular act or in any law for the time being in force, or in any contract" is more often than not appended to a section in the beginning with a view to give the enacting part of the section in case of conflict an overriding effect over the provision of the act or the contract mentioned in the non obstante clause ..... respondent no.4 challenged this action by filing an appeal under section 19 of the administrative tribunal's act before mp state administrative tribunal in o.a.no.1750/2000 and simultaneously filed an application for review of the entire matter before the state government within six months from the date of passing of the appellate .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... . when the matter was sub-judice before this court in the form of writ appeal, it was not appropriate for the secretary to decide the matter contrary to the decision rendered by a single bench of this court in wp no.17767 ..... . the posts being supervisory post it was considered appropriate to absorb them as assistant director, public instructions instead of the post of principal which also carry equal ..... the state ought to have been careful in taking the appropriate consistent stand ..... . by appropriate rules to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/categories of service.the ..... when the expressions "shall" and "may" are defined in the act, the explanations have to be given the meaning as defined ..... . it was simpliciter a decision taken on representation by acting as principal secretary in his personal capacity, it runs contrary to the rules and the decision taken by the state govt.for merger and also the decision of single bench of this ..... to be taken on legal notice within a period of two weeks by the principal secretary also taking into consideration the directions issued by the division bench in the instant writ appeal no.353/07 vide order dated july 3rd ,2008. ..... prayer was made to direct the state government to take a decision on notice of demand of justice dated 31st december, 2008. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... then an application under section 216 of cr.p.c was made before the trial court to modify the charges and learned jmfc khurai in criminal case no.1654/2008 vide order dated 14.6.2010 took the cognizance of offence punishable under section 304-b of i.p.c and issued the arrest warrants against the applicants.4. ..... it is directed that in the event of arrest by arrest warrant of criminal case no.1654/2008 of jmfc khurai, applicants mohammad nadeem, sadab, farhan and parveen begum shall be released on bail on furnishing a personal bond in the sum of rs.20,000/- (rupees twenty thousand) each with a solvent surety in the like amount to the ..... the complainant party did not apply to the police for reinvestigation but, it simply filed an application under section 216 of cr.p.c before the trial court whereas trial court could act on the application on the basis of the documents available on the record. ..... he did not consider the circumstances from 30.12.2008 to 11.1.2009 relating to the case and, therefore, order of issuance of arrest warrant is not legal. ..... history of the case in short is that a criminal trial was filed by the police station khurai against the applicants for offence punishable under sections 498-a , 323, 506(2) of i.p.c on 30.12.2008. .....
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..... in the instant case as the respondent board has only prescribed the basic yard-stick and criteria to be adopted while considering and scrutinizing cases for confirmation so as to bring in uniformity, no fault can be found with the act of the respondents in applying the same to the cases of the petitioners as that does not effect any vested or other right of the petitioners. ..... in case, even after consideration of the performance for the year 1993-94, his record is not found satisfactory, appropriate orders may be passed and communicated to the respondents. ..... it is further submitted that the petitioners' service record in respect of the years 2006, 2007 and 2008 indicates that they were not awarded 2 "b" grades during that period which is an essential requirement as prescribed by circular dated 1.7.2005 by the respondent board and in such circumstances the respondent authorities by the impugned order dated 12.5. ..... the appointing authority is, therefore, directed to consider whether he is fit to be confirmed, on the basis of his performance for the subsequent period and in case it considers that he may be confirmed, it would be open to them to pass appropriate orders. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... sub-section 4 provides that if the landless person, to whom leasehold rights have accrued in respect of any land under this act, transfers such land in contravention of the provisions of sub-section 3 certain consequences shall follow.the aforesaid provision does not create any bar to entertain and decide a civil suit by the civil court ..... this petition is directed against an order dated 20.07.2010 by 10th civil judge class-ii, jabalpur in civil suit no.122-a/2008 by which an application filed by the petitioner under section 9 read with section 35(a) of the code of civil procedure, 1908 has been rejected.2 ..... (4) if the landless person to whom the leasehold rights have been accrued in respect of any land under this act, transfers such land in contravention of the provisions of sub- section (3), the following consequences shall ensue, namely:-(i) the lease shall stand cancelled on the date of such transfer;(ii) such transfer shall be null and void;(iii) no ..... where there is no express exclusion the examination of the remedies and the scheme of the particular act to find out the intendment becomes necessary and the result of the inquiry may be decisive. ..... (2) where there is an express bar of the jurisdiction of the court, an examination of the scheme of the particular act to find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court.12 ..... it would be appropriate to refer that parties are related to each other .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... and death vide annexurep3, the enquiry report submitted by the s.d.o vide annexurep7 dated 26.10.1995, the report submitted by the commissioner of the municipal corporation vide annexurep9 on 14.10.1999 stated that the state government has acted mechanically in the matter, without applying its mind and without taking note of the report submitted by the s.d.o and therefore, the action taken is unsustainable.5. ..... respondents are directed to treat the date of birth of the petitioner to be 12.2.1948 and treating him to have retired on 13.2.2008 and treating him to be in service till then, grant all consequential benefits of salary and grant him all post retiral benefits accordingly.8. ..... in view of the above, this court deems it appropriate to allow this petition for the simple reason that the date of the birth of the petitioner is indicated as 12.2.1948 in the statutory certificate, petitioner's mother was still working and normally there would be difference of 15 years ..... it is also held in the report that from the birth certificate it is clear that date of birth of the petitioner is 12.2.1948, the s.d.o has recorded that the petitioner should have retired on 13.2.2008 treating his date of birth to be 12.2.1948.3. ..... the state government has acted mechanically in the matter. ..... according to the petitioner, he belongs to the scheduled caste category and his date of birth is 12.2.1948 and accordingly, it is stated that the petitioner would have attained the age of 60 years only on 12.2.2008. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... that apart a criminal case for violation of the provisions of the essential commodities act is also pending against the appellant. ..... state of m.p: 2008 (3) mplj 394 wherein their lordships were pleased to observe:5. ..... sight of the madhya pradesh panchayat service (discipline and appeal) rules, 1999 (for short 'the rules, 1999') while passing the order dated 29-6-2007 denotifying the appellant as panchayat secretary under section 69 (1) of the act. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... the director brought to the notice of respondent no.1 all these factors and after these factors were brought to the notice on 9.9.09, the management of respondent no.1 directed the petitioner that he should submit his joining alongwith an appropriate relieving letter on or before 23.10.09 otherwise the offer would be cancelled.21- if the impugned orders annexures p/15 and p/17 are taken note of, it would be seen that in annexure p/15 dated 21.10.09, petitioner was informed that ..... even on such relinquishment of appointment by the petitioner with his previous employer, can the prospective employer still insist upon producing a relieving order; what is the relevancy of such a relieving order; and, whether the act of respondent no.1 in withdrawing the offer of appointment in the facts and circumstances is warranted or not?18- during the course of hearing of this writ petition, shri ajay mishra, learned senior advocate, took me through ..... is in litigation with his parent institute and as such the appointment of the petitioner as assistant professor and promotion as professor in the manit, bhopal is subject matter of writ petition no.7382/2008 and writ petition no.8573/2008 pending adjudication before this hon'ble court and decision as such in any petition will disqualify the petitioner from appointment as professor in the establishment of the answering respondent. ..... thought appropriate at this stage to refer to these allegations as they may have some bearing with regard to the act of .....
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