Court : Jharkhand
Decided on : Jun-25-2003
Reported in : [2004(1)JCR669(Jhr)]
ORDERVikramaditya Prasad, J.1. Heard both the sides.2. In these two writ petitions the writ petitioners have been departmentally proceeded in one and the same departmental proceeding on a charge that they did not apply their discretion to recover the hire charges of the machines, while making accounts payment to the contractor/agency, thus, the Government has been put to loss to the tune of Rs. 62.08 Lakhs. The petitioners were Assistant Engineers in the Irrigation Department. They were awarded the punishment to the effect that they will not be promoted and further 5 increments with uncumulative effect is withheld vide Annexure-1 in respect of Gopinath Sahay petitioner of W.P. (S) No. 5013 of 2001 and videAnnexure-6 in respect of Yatish Kumar Malliek petitioner of W.P. (S) No. 4993 of 2001. Both these annexures are sought to be quashed on the ground that the enquiry was not made in accordance with law and no opportunity was given to the petitioners to represent their case and, thus, en...
Tag this Judgment!Court : Jharkhand
Decided on : Jun-24-2003
Reported in : [2003(3)JCR602(Jhr)]
..... to the extent of repugnancy. in view of this fact, no prior sanction is now necessary for taking cognizance of the offence under section 4 of the dowry prohibition act.5. section 4 of the dowry prohibition (amendment) act, 1984 provides that, 'penalty for demanding dowry, if any person demands, directly or indirectly, from the parents or other relatives or ..... petitioners of both the criminal misc. petition (nos. 1195 of 2002 and 322 of 2003) and took cognizance of the offence under section 406, ipc and sections 3 and 4 of the dowry prohibition act.9. the magistrate has applied his mind before taking cognizance on the basis of documents available on record and followed the proceedings and ..... of imprisonment for a term of less than six months. this amended provision is very clear that no sanction to take cognizance of the offence under section 4 of the dowry prohibition act is required, which has been interpreted in a case of, deo narain lal das and 5 ors. v. state of bihar and anr., reported .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-24-2003
Reported in : [2004(1)JCR664(Jhr)]
..... single day and that notice which had been sent to him cautioning him for unauthorized absence had been returned undelivered from his permanent home address. his act of being absent without leave and prior intimation therefore was an in-disciplined behaviours and therefore he was asked to show-cause. having received the aforementioned ..... -examine the prosecution witness and rightly rejected these contentions giving reasoned arguments...........'7. in that view of the matter, it cannot be held that the respondents acted illegally. moreover, the petitioner faced the inquiry in relation to both the charges and therefore he cannot be allowed to turn around at this stage and ..... of the corporation, engage directly or indirectly in any trade or business or undertake any employment. in that view of the matter, the petitioner had also acted contrary to the aforementioned service regulation.19. for all the reasons stated above, this court comes to a definite conclusion that the petitioner has not been .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-23-2003
Reported in : [2003(4)JCR647(Jhr)]
..... with consent.11. pw 9 is the investigating officer claimed to have recorded the evidence of the witnesses and submitted charge sheet. the appellant was also examined under section 313 of the code of criminal procedure and he denied the allegation.12. obviously pw 1 (panwati keotin), who is said to be an eye witness of the ..... the appellant. the police investigated into the case and submitted charge-sheet.3. the appellant appeared before the additional sessions judge and, accordingly, charge was framed under sections 376 and 493 of the indian penal code. the witnesses were examined in the court below and after hearing both sides, the court below convicted and sentenced the ..... and 493 of the indian penal code and sentenced him to undergo rigorous imprisonment for a period of five years under section 376 of the indian penal code and also for five years under section 493 of the indian penal code. however, both the sentences are ordered to run concurrently.2. the ease of the prosecution as .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-20-2003
Reported in : [2003(3)JCR236(Jhr)]
..... gold bonds worth rs. 16,34,000.00 in calculating the disproportionate income of the petitioner sujeet ranjan for proceeding against him under the prevention of corruption act, 1988 in view of section 4(2) of the gold bond ordinance, 1993. therefore, there is sufficient material for proceeding against both the petitioners in abetting the principal accused dr. ..... only in the trial. in the present case the materials which the prosecution enumerated are sufficient to frame the charge for the offence under section 13(2) read with section 13(1)(e) of the act'. both the petitioners here in this case are the sons of the principal accused dr. sinha and they are non-public servants. ..... 2001 scc (cri) 152 and p. nallmmal v. state, 1999 scc (cri) 1133.8. it is pertinent to mention at the very outset that section 5 of the prevention of corruption act, 1988 mandates that a special judge may take cognizance of an offence without the accused being committed to him for trial and in trying the accused, shall .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-20-2003
Reported in : [2003(4)JCR642(Jhr)]
..... the learned 8th additional session judge, palamau at daltonganj considered the oral and documentary evidence adduced on behalf of the prosecution and convicted this appellant under sections 302/34/201/120b, ipc and sentenced him to undergo ri for life whereas he acquitted the co-accused, salamgir shekh, from all the charges levelled ..... khan, has also absconded. the learned 2nd additional sessions judge, palarnau, framed charges against udit ram and shekh salamgir under sections 302/34/201/120b, ipc.3. the prosecution has examined altogether 11 witnesses to prove its case. pw 4, sabir alam, is the son of minhazuddin ..... course of investigation, the dead body of minhazuddin, the father of the informant, was found east of kuraila hilltop in village pratappur tola karauna and offence under section 302, ipc was added. after investigation charge-sheet was submitted against udit ram, shekh salamgir, akbar khan and sowem raitinath ram (absconder) co-accused, akbar .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-20-2003
Reported in : [2004(2)JCR211(Jhr)]
Tapen Sen, J.1. Heard Mr. V. Shivnath, learned counsel appearing on behalf of the petitioner and Mr. M.M. Banerjea, learned counsel for the respondents.2. The petitioner is aggrieved by the order dated 29.09.1995 issued by the Secretary, Executive Board, whereby and whereunder in exercise Rule 7(A)(i)(ii) of the Bye-laws, the petitioner's services have been terminated.The stand of the petitioner is basically three folds, viz.,--(a) that power could not have been exercised under Rule 7(A) inasmuch as the same applied to temporary employees;(b) that the petitioner's appointment having been made on a permanent post and in a permanent capacity though with the condition that she would be on probation for a period of two years, the same did not mean that she was a temporary employee nor her being a probationer could have snatched away the status of a permanent employee merely because she was put on probation and therefore, all requirements in relation to permanent employees were necessarily ...
Tag this Judgment!Court : Jharkhand
Decided on : Jun-18-2003
Reported in : 2003(2)BLJR1455; [2003(3)JCR360(Jhr)]
..... society to construct houses for its members over the land which belongs to the members. in view of the aforesaid provisions of law i.e. section 48 (1) of the cooperative societies act, 1935 as also the clause (10) of the memorandum of understanding dated 17th july, 2002, it is always open for the registrar, ..... for the petitioner to prefer appeal before the competent authority.8. so far as jurisdiction of the registrar, cooperative societies to decide the issue under section 48 of the bihar cooperative societies act, 1935 is concerned, the petitioner cannot derive any advantage of the unreported judgment dated 3rd march, 2003 passed in w.p. (c) no. ..... 188 (jhr)], wherein taking into consideration the relevant facts of the said case, the court held that the registrar, cooperative societies, as far as section 48 of the bihar cooperative societies act, 1935 is concerned, has no jurisdiction whatever to deal with respect to the sell of land to a third party, nor has jurisdiction to pass .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-18-2003
Reported in : [2003(3)JCR773(Jhr)]; (2004)ILLJ534Jhar
..... fresh evidence made available to it after reopening its earlier award. an industrial tribunal gets jurisdiction to render an award based on the reference made to it under section 10 of the industrial disputes act. it can only answer the question referred to it and it cannot travel outside the question though in an appropriate case it may be able to answer ..... the time when the decree was passed or the order was made. but such a power is not conferred on the industrial tribunal by any of the provisions in the act. in this case, the tribunal has purported to review its award based on a document that was filed subsequently by the workmen and which prima facie contradicted what they had .....
Tag this Judgment!Court : Jharkhand
Decided on : Jun-18-2003
Reported in : [2004(102)FLR680]; [2004(3)JCR85(Jhr)]
..... labour court that they did not do any work, yet there also an earlier finding to the effect -that the termination was in violation of section 25f of the industrial disputes act. the act of not performing any duty therefore cannot be said to be on account of the own volition of the petitioners. on the contrary, it was ..... the opinion that once a finding was reached by the labour court to the effect that the order of termination was contrary to the provisions of section 25 of the industrial disputes act and unjustified, it would be deemed that the petitioners were always in service and therefore, they would be entitled to all benefits that are associated ..... on behalf of respondent no. 1, has, however, urged that in view of the definition of the expression 'employee' in section 2(4) and the definition of the expression 'employer' in section 2(5) of the act, self-employment cannot be said to be employment in the industrial sense-the concept of 'employment' in the industrial sense involves three .....
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