Court : Madhya Pradesh Jabalpur
Decided on : Jul-15-2010
1. By this petition filed under Section 482 of the Code of Criminal Procedure, petitioner has challenged the order dated 18.1.2010 passed by Special Judge (Lokayukt), Jabalpur in Special Case No. 8/2004, disposing of the application filed by the complainant/respondent no.2 under Sections 63 and 65 of the Indian Evidence Act, seeking permission to adduce secondary evidence.2. In brief, facts of the case are that the petitioner/accused S.K.Singh, who was posted as Inspector in Special Police Establishment (Lokayukta Office), Jabalpur laid a trap against respondent no.2 Hardayal Dubey, Food Inspector, Jabalpur and registered Crime No. 128/2002 under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. When S.K.Singh was investigating the said offence, he demanded Rs. 1,65,000/- from Hardayal Dubey, as bribe for showing favour to him. It is said that on 7.6.2002 and 27.6.2002, he obtained Rs. 30,000-30,000/- by abusing his position as a public servant. Hardayal...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Jul-20-2010
1. In the instant writ appeal and the writ petitions, question involved is about the absorption of District Adult Education Officers (hereinafter referred to as "DAEOs") as Assistant Directors vide Order dated 9.4.1999. Further question involved is whether they are entitled to be promoted to the post of Deputy Director in view of the rules called M.P. Education Service (School Branch) Recruitment and Promotion Rules, 1982 (hereinafter referred to as the "Rules of 1982").2. Writ petition was filed by the appellant in writ appeal no.353/2007 in which prayer was made to quash decision dated 9.4.99 to absorb DAEOs and to assign them seniority as Assistant Director, Education, final gradation list had also been assailed. Further prayer was made to direct the respondents to convene the DPC for promotion to the post of Assistant Director and Deputy Director and to consider their names and the other eligible candidates ignoring DAEOs absorbed as Assistant Directors. Prayer was also made to tre...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Jul-22-2010
1. In W.P. No. 7352/2007, prayer has been made for quashing order (P-4) dated 11.4.2007 passed by Principal Secretary, Department of Medical Education, Madhya Pradesh, Bhopal. Prayer has also been made to direct the respondents to permit the petitioner institution to practice and impart education in alternative system of Electro Homeopathy System of Medicine in accordance with law. Prayer has also been made to issue mandamus directing respondents State to formulate the rules and regulation as well as guidelines by bringing regulatory legislation for Electro-Homeopathy System as per direction of Delhi High Court passed in W.P. No. 4015 of 1996.2. In W.P. No. 2242/2007 prayer has been made to quash order dated 22.1.2007 and communications dated 6.2.2007 and 3.2.2007 issued by the respondents. Further prayer has been made to permit the petitioner institution/College established at Baihar, Balaghat to function and direct the respondents to grant registration to the petitioner institution.3...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Jul-29-2010
1- Challenging the orders Annexure P/1 and P/2, by which promotion to the post of Assistant Commissioner Excise is granted to respondent No.3, superseding the petitioner and the order seeking suo motu review of a departmental proceeding closed against the petitioner, this writ petition has been filed.2- Petitioner was initially appointed as a District Excise Officer on 1.9.1999. He claims to be a person belonging to the Scheduled Tribe community. In the year 2005, while petitioner was posted as District Excise Officer, Mandsaur a show-cause notice was issued to him on 5.11.2008, pointing out various irregularities in the matter of recovery of revenue. Petitioner is alleged to have filed reply denying the allegations. However, a charge-sheet was issued to the petitioner on 3.3.2006, to which the petitioner submitted his reply and pointed out his defence. Being satisfied with the reply submitted by the petitioner, the disciplinary authority exonerated the petitioner of all the charges an...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Aug-03-2010
1. The appellants/defendants, have directed this appeal under section 100 of the CPC, being aggrieved by the judgment and decree dated 31.1.07 passed by Addl. District Judge, Burhanpur in Civil Regular Appeal No.16-A/05, affirming the judgment and decree dated 29.10.05 passed by II Civil Judge Class-II, Burhanpur in Civil Original Suit No.52-A/2001, till the extent of decreeing the suit of the respondents for eviction under section 12(1)(c) of the M.P. Accommodation Control Act, 1961 and dismissing the counter claim of the appellants for damages. While the decree of the trial court given under section 12(1)(a) of the Act has been set aside by the appellate court.2. It is undisputed fact of the case that Plot No.159/2 situated at Block No.36 at Shastri Chowk ward, Burhanpur is a property belonging to appellant No.2 Vidya Bai. While the adjoining plot and premises described in the plaint and also marked as A.B.C.D.F in a map annexed with such plaint, was of the property of the predecesso...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Aug-05-2010
1. The petitioner, who is a Patwari of Revenue Circle Bahoriband, Patwari Halka No.23/38 of Village Udaipur, by way of the instant petition has assailed the legal validity of order dated 10.7.2006 passed by the Sub Divisional Officer, Sihora by which the petitioner's services as Patwari have been terminated and order dated 16.10.2007 passed by the Collector dismissing his appeal. 2. It is stated by the learned counsel for the petitioner that the petitioner has filed a second appeal before the Commissioner, Jabalpur Division which is pending adjudication but as the very initiation of proceedings and the order of termination of the petitioner is without jurisdiction and authority of law, as held by this Court in the case of Vinod Kumar Khare vs. State of M.P. And Others, reported in ILR (2008) M.P. 1436 and the judgment in the case of Phulloo Ram Kol vs. State of M.P. And Others, W.P No.8777/2003 decided on 25.9.2008, the petitioner has filed the present petition during the pendency of t...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Aug-06-2010
1. Heard on admission. Challenge put-forth in the present petition under Article 226 of the Constitution of India is to an order dated 29.10.2009/11.11.2009 (Annexure P-4) whereby the petitioner has been issued with a charge-sheet, whereby the petitioner has been charged of financial embezzlement of Rs.3,84,700/- and of an act unbecoming of a government servant, violating Rule 3 (1) (i), (ii), (iii) and Rule 3 (2) (ii) of Madhya Pradesh Civil Services (Conduct) Rules, 1965 (hereinafter shall be referred to as Conduct Rules of 1965). Facts giving rise to initiation of a departmental enquiry was with first information report lodged on 12.6.2008 by one Chandrabhan Kulhade, Court Superintendent of District Consumer Forum, Seoni. The report was initially lodged against one Rajkumar Rai, Farrash at District Consumer Forum, Seoni alleging that a sum of Rs.3,84,700/- has been drawn from the Bank by putting forged signature. On the basis of said report a crime was registered for offences under ...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Aug-09-2010
1. Petitioner, which is a forum of retired IAS, IPS officers and other eminent citizens of State of Madhya Pradesh, through this public interest litigation has challenged the validity of section 23-A of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, as amended by Amendment Act, 2005, (hereinafter referred to as the 'Act'), as well as notifications dated 14.3.2008 and 05.9.2007, Annexures-P-1 and P-2 respectively, issued by the State Government in exercise of powers under Section 23-A of the Act. By the impugned notifications the land use of various sites in the city of Bhopal has been changed from public/semi public purpose to commercial in order to facilitate the construction of Five Star Hotel, a Commercial Complex and an Oceanarium on lands measuring 10.19 acres over Khasra Nos.1431 and 1432 which situate adjacent to Minto Hall and for the construction of Central Business District on land measuring 15 acres in and around South T.T. Nagar Market surrounding area, which is pu...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Aug-13-2010
1. The reference has been made by learned Single Judge vide order dated 26.3.2010. Following question has been referred for consideration :"Whether the view of the learned Single Bench of this Court in the matter of Mohan @ Munna Pachauri (Supra) that the period spent for obtaining certified copy of ex-parte decree cannot be excluded for calculating the limitation under Article 123 of the Limitation Act is the correct view or the earlier contrary view of the Single Bench of this Court in the matter of Shakuntala Singh (supra) is correct ?2. The petitioner has filed an eviction suit against respondents/defendants. In the said Civil Suit, summons were duly served upon the defendants. Defendants appeared before the Trial Court, written statement was also filed. As the rent was not deposited, an application under Section 13(6) of M.P. Accommodation Control Act, 1961 was filed. The Trial Court ultimately ordered striking-off the defence of defendants/tenants. Thereafter, defendants were pro...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Aug-30-2010
1. Petitioner calls in question the correctness of order dated 23.2.2010; whereby the petitioner a Senior Lab Technician, Medicine Department, Gandhi Medical College is being retired on attaining the age of 62 years on superannuation. The order is being questioned on the anvil that the petitioner has been discriminated with the member of M.P Medical Education (Gazetted) Service, appointed to medical teacher post for whom the age of retirement has been enhanced to 65 years by virtue of Madhya Pradesh Shaskiya Sewak (Adhivarshiki Ayu) Sanshodhan Adhyadesh 2007. It is urged that, the petitioner who belonged to the cadre of teacher is being discriminated in respect of retirement age. Admittedly Adhyadesh 2007 ushered in various amendment in the Madhya Pradesh Shashkiya Sewak (Adhivarshiki Ayu) Adhiniyam 1967 Section 3 whereof provides for:" 3.Amendment of Fundamental Rule 56 as substituted by Section 2 of the Madhya Pradesh Act No.29 of 1967-In section 2 of the Principal Act, in Rule 56 of...
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