Court : Patna
..... the recommendation made by the college service commission is statutory in nature under sub-section (9) and (10) of section 2 of bihar college service commission act, 1976 and, therefore, it was binding upon the governing body to act according to the recommendation of the commission. ..... section 2 of bihar college service commission act inter alia, provides for establishment of a college service commission and its powers and functions in relation to the appointment of teachers of the affiliated colleges and intermediate, colleges. ..... section 2 (7) to (10) of the bihar college service commission act which is relevant for the purpose reads as follows : 2. ..... it is another thing to say that governing body did not forward the case of the petitioner than to say that it had not made any requisition for recommendation, the commission has placed on record the file pertaining to the appointment to the post of principal in the college, which contains the requisition as also the bank draft sent by it, so as to enable the commission to make advertisement for appointment to the post. ..... 2261 dated 18-10-1976 still survives or stands deleted/repealed by reason of resolution no. .....
Tag this Judgment!Court : Patna
..... concept of a company being owned by a central or state government is concerned, there is no dispute that a large number of statutes such as banking act of 1970, central vigilance commission act, 2003, civil procedure code (order-39 rule-2), factories act etc contain the expressions- 'company owned by government'. ..... main two issues requiring decision in this case are (i) whether the assets and liabilities of a corporate undertaking like the appellant can be treated to be assets and liabilities of state of bihar under section 41 of the act so as to attract section 47 of the act leading to passing of the assets and liabilities of the appellant to the state where tvnl is located and (ii) whether the tvnl, an undertaking of the state of bihar before its re-organization, is located or has ..... hence, tvnl cannot now take a stand that its assets and liabilities have not passed on to state of jharkhand, (viii) the provisions of the electricity supply act as existing till its repeal on 10.6.2003 made government of jharkhand as the competent government and therefore the ownership of the tvnl, a generating company had to pass on to state of jharkhand on ground ..... lastly it was submitted that registered office of a company is only for communication and service of notice and a company can have a principal place of business different from its registered office and the issue as to where the principal place of business is located is an issue of fact which cannot be decided ..... : [1984]1scr865 ( macleod .....
Tag this Judgment!Court : Patna
..... it was contended that part iv of the said rules which deals with special recruitment also directs bihar public service commission to invite applications from candidates eligible for appointment under the rules made in the said part. ..... 12348/1996, the principal challenge was adjustment of persons, working with the adult education department, in the bihar education service, who secured a permanent job in the government, after being recommended by the bihar public service commission on conclusion of the 30th combined competitive examination; the principal challenge in cwjc no. ..... both the writ petitions are by persons who joined the bihar education service on being recommended by the bihar public service commission after conclusion of the 31st combined competitive examination.3. ..... 3397/1998 was granting of seniority to them above the persons who joined the bihar education service on being recommended by the bihar public service commission after the 31st combined competitive examination.2. ..... it was stated that the bihar public service commission in relation to special recruitment also was required to hold examination. ..... union of india reported in : [1996]3scr322 , the hon'ble supreme court found as a fact that under the banking companies (acquisition and transfer of undertakings) act, 1980, the new bank of india which incurred heavy losses was taken over and then amalgamated with the punjab national bank. ..... 1283/1984 expressing his such apprehension. .....
Tag this Judgment!Court : Patna
..... 904 of 2006 had originally been preferred by the commission, which has been dissolved by the bihar university (constituent colleges) service commission (repeal) act 2007 (bihar act 19/2007), and the duties of the quondam commission has now been assigned to the concerned universities. ..... bar imposed by the then chancellor vide letter dated 30.11.2002 on the appointment of the candidates selected for appointment as lecturers by the university (constituent colleges) service commission despite the fact that the selection and recommendation were sent under the signature of sri krishnandan prasad, as osd of the commission even on the basis that his appointment was not legally valid, subject to the following conditions: before appointing every candidate, an undertaking shall be taken ..... 1 herein has been allowed, and the bihar state university (constituent colleges) service commission (hereinafter referred to as 'the commission'), has been directed to prepare a fresh list of 122 candidates, who had earlier been recommended for appointment on various teaching assignments in the three universities which now fall in the present state of jharkhand, for appointment to ..... the then bihar state university (constituent colleges) service commission (hereinafter referred to as the commission), was charged with the duty of advertising the vacancies of teaching assignments in the various universities governed by the bihar state universities act 1976, and the patna university act 1976. ..... 1984 s.c. .....
Tag this Judgment!Court : Patna
..... the service commission on an interpretation of rule 4 of the engineering service rules, first selected post graduate engineers for the available vacancies and since sufficient number of post graduates were available, no graduate was selected for the posts in ..... case of om prakash shukla and rajendra prasad mathur (supra) also does not have any bearing on the facts of the present case as in he case of om prakash shukla, hon'ble supreme court considered the question of repeal of 1947 rules by the 1950 rules as amended in 1969 and held that the petitioner having appeared in the competitive examination should not be allowed to challenge the validity of the competitive examination as having been held not in ..... the qualification and norms fixed and evolved by the council is adopted by all the technical institutions undertaking technical education including the nit, patna and in terms of the powers contained in chapter iii of the act, the council has laid down norms for appointment on the posts of lectures in different engineering stream providing 1st class bachelor's degree in the subject concerned and as the advertisement itself provided that the qualification ..... matters, reported in : [1993]1scr435 , in the case of the 'banking service recruitment board v. ..... 5 to 7, namely, the case of the banking service recruitment board, madras (supra), the hon'ble supreme court approved the fixing of different cut off marks for each of the papers and held such practice of fixing different cut off marks .....
Tag this Judgment!Court : Patna
..... in relation thereto and if the same are considered, it would be evident that there is no foundation of the charge; the valuation of the properties has been done on the basis of valuation of central vigilance commission on the basis of average rates of building construction department of the state government and the cost index of delhi, ignoring that delhi cost index has no relevance with construction of house at patna; the valuation of ..... the speaker before filing a charge-sheet against a member of legislative assembly when offences are said to have been committed by him as such member, lifted the sting of section 19(1) of the 1988 act by permitting the court to take cognizance without a sanction to prosecute and that clearly depicts that permission of the speaker is necessary when the member of legislative assembly is being charge-sheeted for having committed ..... under clause (12)(a), if (i) he is in the service of the government; or (ii) he is in the pay of the government; or (iii) he is remunerated by fees or commission for the performance of any public duty by the government.one can be in the service of the government and may be paid for the ..... -corruption law more effective by widening their coverage and by strengthening the provisions, the 1947 act was repealed and the 1988 act was brought in force and sections 161 to 165(a) of the indian penal code were omitted ..... antulay, air 1984 sc 684, a constitution bench consisting of five hon'ble judges considered the question zraised and .....
Tag this Judgment!Court : Patna
..... shorn of unnecessary details', facts necessary for the decision are that bihar public service commission in order to fill up the vacancy of professors in obstetrics and gynaecology in the medical education cadre as provided under bihar medical education services cadre and recruitment of cadre posts rules, 1997 issued an all india advertisement inviting application for the said ..... resolution dated 3rd of march, 1975 is in relation to debarring junior teachers for not joining the place of posting effected on the basis of merit-cum-choice and resolution dated 8,6.1984 is also in relation to disqualifying a person for promotion for a particular period and the resolution dated 26.10.1991 extends the period of disqualification and in no way it supersedes the policy of the state of merit-cum- ..... although by reason of the explanation which was inserted in section 141 of the code of civil procedure, 1908, by the code of civil procedure (amendment) act, 1976, section 11 of the code does not in terms apply to any proceeding under article 226 of the constitution, the principle of res judicata does apply to all writ petitions under article ..... but this act of accommodation done by the state cannot be taken to have created a legal right in the teachers to claim their posting on the basis of choice submitted by them ..... such a situation, though the policy is not comprehensively drafted, it obliges the state to adhere to it in normal situations unless there be good reasons for acting at variance.42. .....
Tag this Judgment!Court : Patna
..... 'the court further directed that the petitioners will be entitled to regularisation of their service by recruitment through the state public service commission for vacancies other than employment under the project and as and when such vacancies arise and are duly notified the claim of the petitioners be considered for appointment subject to their satisfying the ..... the petitioners prayed for cost.during the pendency of the writ petition, when notices were issued to the petitioners for their retrenchment under section 25f of the industrial disputes act and an order was ultimately passed retrenching them under the aforesaid provision, they prayed for amendment of the writ petition and prayed for quashing of these orders.10. ..... sree kumar tiwary, 1997 (4) scc 388 : 1997-ii-llj-797 the respondent claimed the benefit of his continuation in service pursuant to an order of stay for the purpose of regularisation, but the court rejected the claim holding that he continued in service not by virtue of his own right under an order of appointment, nor did he continue in office with the permission ..... is not disputed before us that a full bench of this court in the judgment reported in 1983 pljr 667; 1984 blj 275; held that the department of irrigation is an 'industry' within the meaning of the industrial disputes act. ..... 1992 sc 713, the petitioners were employed on daily rate basis in connection with a project of slum clearance financed partly by the state of uttar pradesh and partly by the world bank. .....
Tag this Judgment!Court : Patna
..... therein the court observed that bihar forest produce (regulation of trade) act, 1984 has been enacted for the purpose of providing monopoly to the state in trade of specified forest produce, the bihar saw mills (regulation) act, 1990 has been enacted to control the activities of the millers o f the saw mills while the transit rules control the transit of forest produce from the place of its cutting to the place where it is ..... giri and in addition submitted that movement of vehicles carrying forest produce can be controlled only by bihar forest produce (regulation of trade) act enacted with the assent of the president of india and veneer not being a specified item in the schedule thereof, officials of the forest department have no authority to check the vehicle and/or demand ..... of the state is that veneer is a 'forest produce' within the meaning of section 2(4) and (6) of the indian forest act read with rule 2(kha) of the bihar kasth tatha anya van utpadan abhivahan ka niyamawali, 1973) i.e. ..... is not necessary to refer to other observations occurring in the judgment which were made in the context of a dispute relating to pension of a retired high court judge who had put in five years ten months and seventeen days service as judge of the high court and had opted for pension under part i of the first schedule to the high court judges (condition of service) act, 1954. ..... the forest act in fact stands repealed under article 395 of the constitution of india except to the extent saved under .....
Tag this Judgment!Court : Patna
..... controverted that the petitioners were appointed pursuant to the advertisement of the bihar public service commission/subordinate service selection board and are serving in the rural development department for the 1st 15-20 ..... all consequential benefits from the date of their initial appointment in similar manner as made available to the other recommendees and appointees whose names were also recommended by the bihar public service commission/subordinate service selection board for appointment in the government ..... it has not been disputed that in the advertisement inviting applications for appointment in government service through graduate level competitive examination there was no indication that the successful candidates may be appointed in the district rural development agency, rather advertisement was for inviting applications for appointment in government service and in response to that the petitioners had applied for their appointment simply because the petitioners were deputed ..... the petitioners have been faced with the problem regarding their condition of service on account of the impugned orders dated 29.3.2007 and 4.5.2007 whereby the state of bihar instead of determining their service condition at par with other recommendies has treated them as special type of appointees by not providing ..... just a chance that on that very time world bank pumped d huge fund for execution of development work ..... the year 1984 and 1986. ..... this act on the part of the respondents also cannot be held to .....
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