Court : Jharkhand
Reported in : [2004(3)JCR183(Jhr)]
..... this court has got no jurisdiction as the case has not been transferred by the hon'ble high court, patna as provided under the bihar reorganization act, 2000, referred to above. moreover, the letter of the state of bihar addressed to the state of jharkhand to accord sanction to prosecute this petitioner is also a misconceived conception which should be with-drawn and the ..... the year 1990 while he was posted within that state and has referred sections 34 and 89(1) of the bihar reorganization act, 2000. section 34(2) of the said act provides that, 'such proceeding pending in the high court at patna immediately before the appointed day as are certified, whether before or after that day, by the chief justice of .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(110)FLR156]; [2006(2)JCR489(Jhr)]
..... p2/43-271-88, dated 11th august, 1988. this police order is also applicable in the state of jharkhand, in view of section 84 of the bihar reorganization act, 2000. as per this order, in every distinct, out of the sanctioned strength of police force, two posts can be reserved in which dependent children of ..... of the said act, 2000.the age limit for superannuation has been prescribed under rule 73 of the bihar service code, 1952. with regard to minimum and maximum age limit for appointment ..... government employees the concerned, they are guided by bihar service code, 1952, bihar pension rules, 1950 and other rules, such as, bihar financial rules etc. those rules are also applicable in the state of jharkhand, having been either adopted with amendment under section 85 of the bihar reorganization act, 2000 or are continuing in view of section 84 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC4321; 2006(1)BLJR9; [2005(107)FLR868]; [2006(2)JCR91(SC)]; JT2005(10)SC261; 2005(8)SCALE180; (2005)8SCC454; 2006(1)SLJ431(SC)
..... the special leave petition giving rise to the present appeal.6. the state of bihar was bifurcated under the provisions of the bihar reorganization act 2000 and the state of jharkhand was carved out with effect from 15th november, 2000. the appellants and the contesting respondents besides others were provisionally allocated to the ..... judges appointed vide notification dated 30th april, 1991 shall be treated as senior to the 23 appointees by promotion (of the same date) to the bihar superior judicial service'. thus, all the appellants herein were declared senior to the contesting respondents (respondents 4 to 11 in the present appeal) in ..... judges against the quota of direct recruits and by another notification several persons, including the contesting respondents in the present appeal, were promoted to the bihar superior judicial service and were appointed as additional district and sessions judges. in the notification, which related to the promotees, following two conditions were mentioned .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR587(Jhr)]
..... aforesaid order (18.9.2001) the appellant-petitioner was serving in bokaro. in terms of section 74 of bihar reorganization act, 2000 and in view of the authoritative pronouncement by a division bench of this court in the case of the state of bihar v. arvind vijay bilung and ors., reported in (2002) (1) jljr 697 : 2002 (1) jcr ..... would be government of jharkhand or the officers of jharkhand and not the government of bihar or the officers of bihar state even if the subject matter of the charge-sheet relates to a period of time prior to 15th november, 2000. on the ground alone, and no other ground the impugned order passed by the ..... to the appellant-petitioner by superintendent of police, bokaro.3. mr. allam, learned counsel appearing for the state of bihar undertakes before us to ensure that superintendent of police, bhagalpur or other police authorities of bihar government shall transmit to superintendent of police, bokaro the entire record relating to this case including the report of the .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2757; [2008(3)JCR637(Jhr)]
..... was transferred and posted at ranchi. his services cannot be terminated by the state of jharkhand in view of the clear provision of section 72 of the bihar reorganization act, 2000. the petitioner has been working for more than a decade. after his appointment and approval of the same, his initial appointment cannot be now challenged by ..... dated 1.10.1990. thereafter, the petitioner was transferred to ranchi. the appointment of the petitioner was made without following the prescribed procedures. the government of bihar had declared the petitioner's appointment as illegal. a show cause notice had also been issued to the petitioner, but the same was quashed by this court on ..... the ground that the government of bihar has no authority to take any action against the employee posted in the territorial jurisdiction of the government of jharkhand after bifurcation of the state. on receipt .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR656(Jhr)]
..... court which has no jurisdiction,6. counsel for the petitioner submitted that the departmental proceeding stands transferred in the state of jharkhand under section 89 of the bihar reorganization act, 2000 but such submission cannot be accepted, nor can be decided by this court. if any question arises whether any proceeding stands transferred under subsection (1) ..... rejected, the aforesaid letter being not an order issued by the central government under section 72 of the bihar re-organization act, 2000. till any notification is issued by the central government under section 72 of the bihar re-organization act, 2000 allocating the service of petitioner to the state of jharkhand, his headquarter being at patna, as per ..... not, the patna high court is the competent court to give a finding as per sub-section (2) to section 89 of the bihar re-organization act, 2000.7. the other ground taken by petitioner is that his services stands transferred to state of jharkhand vide memo no. 3975 dated 10th july .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(4)JCR94(Jhr)]
..... the month of may, 2001, upon evaluation of his service career, his services were extended from 58 years to 60 years and after coming into force of the bihar reorganization act, 2000, the writ petitioner was posted at seraikella on 8th may, 2001 as sub-judge-i-cum-addl. chief judicial magistrate-cum-assistant sessions judge. while posted at seraikella ..... such decision had been taken on an appreciation of the petitioner's total service career.8. in the instant case, however, after the bifurcation of the state of bihar, the high court of jharkhand had an opportunity of considering the petitioner's suitability to be retained in service beyond 58 years. inasmuch as, the decision to recommend ..... 74(b)(ii) of the jharkhand service code is involved.2. in the year 1975, the petitioner was appointed as a judicial magistrate under the erstwhile state of bihar and was duly confirmed in service by the respondents no. 3 to 5. during his tenure of service, he was transferred from one place to another and was .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(3)BLJR2009; [2005(4)JCR98(Jhr)]
..... to pass the impugned order, since the ultimate authority as far as the petitioner was concerned still vested with the state of bihar in terms of the provisions of sections 72 and 73 of the bihar reorganization act, 2000.6. appearing in support of the writ petition, mr. rajiv ranjan, learned advocate, firstly urged that when a departmental proceeding ..... hon'ble supreme court in (i) state of gujarat and anr. v. suryakant chunilal shah, 1999 (1) scc 529 and (ii) madan mohan choudhary v. state of bihar and ors., : (1999)iillj229sc , wherein similar views were reiterated. mr. rajiv ranjan submitted that in all these three cases, it had been held by the hon'ble supreme ..... by the state government on the recommendation of the jharkhand high court recommending compulsory retirement of the writ petitioner.2. the petitioner was appointed as munsif in the bihar judicial service in the year 1975 and was confirmed in the said post with effect from 24th june, 1977. he was promoted to the post of sub-judge .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)
..... continue to operate in the state of jharkhand till such time, as it is modified, repealed or altered in the manner prescribed by section 85 of the bihar re-organization act, 2000. it is, accordingly, pleaded that while issuing the impugned notifications, the state of jharkhand has taken into consideration the decision of the patna high court/supreme ..... 1995. patna high court held entitlement of such industries for the benefit of such incentives in view of the provisions of sections 84 and 85 of the bihar re-organization act, 2000. hon'ble supreme court also upheld the decision of the patna high court vide its judgment, reported in the case of cct v. swarn rekha cokes ..... must continue to operate in the state of jharkhand till such times as it is modified, repealed or altered in the manner prescribed by section 85 of the bihar reorganization act, 2000.19. it is, thus, established that there has been a valid promise for grant of exemption to the petitioners. it is also not in dispute that the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(3)JCR231(Jhr)]
..... 8.3.2006, it is stated that as per provisions contained in section 85 of bihar reorganization act, 2000, the government of jharkhand vide its notification no. 4402 dated 14.11.2002 (annexure-a) has adopted the act. by amendment in the bihar act in place of ''school service board', 'any authority appointed by the state government' has ..... further submitted that no approval of the competent authority was taken, as provided in section 18(3)(d) of the bihar non-government secondary school (taking over of management and control) act, 1981 (the act for short). he lastly submitted that the petitioner was not paid anything during her suspension period which itself is a ..... as per proviso to 18(3)(d) of the act, the board had limited jurisdiction about the-quantum of punishment; compliance of rules of the management, and compliance of rules of natural justice.12. mr. singh further submitted that after creation of jharkhand, the bihar school service board had no jurisdiction and, therefore, respondent .....
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