Court : Jharkhand
..... pointed out above, the tribunal has partly allowed the oa of the respondent primarily on the ground that the decision contained in the government order dated 23.04.2010 amends the promotion policy retrospectively thereby taking away the rights already accrued to the respondent in terms of the earlier policy. it is also mentioned that the revised policy fundamentally ..... away the vested right. as regards the right to seniority, this court elaborately considered the incidence of the right to seniority and amendment of the act in the latest decision in ashok kumar gupta v. state of u.p. [1977(5) scc201, reliving the need to reiterate all of them once over. suffice it ..... state that by notification no. 302 dated 04.03.2015, petitioner has been removed from the post of officiating director, mines (annexure-a) and one s.p. negi, indian forest service officer has been posted on the same post and he has already joined. it would also be evidenced from para-11 of the same affidavit that the petitioner .....
Tag this Judgment!Court : Jharkhand
..... no. 72/2013 (g.r. no. 495/2013) for the offence punishable under sections 379 and 411 ipc, section 4(i) of the mines and minerals (regulation and development) act, 1957 and section 21 of the air (prevention and control of pollution) act, 1981, pending in the court of learned judicial magistrate, 1st class, khunti. heard the learned counsel for ..... devesh krishna, advocate. for the state : a.p.p. ......... i.a. no. 3602 of 2014. 4/19.11.2014: the present interlocutory application has been filed for seeking amendment in para 1 and prayer portion of the main petition. heard the learned counsel for the petitioner as well as the learned app appearing for the state and perused the ..... materials placed on record. for the reasons stated in this application, supported by an affidavit, the same is allowed. let necessary amendment be carried out accordingly in course of the day. i.a. (cr.) no. 3602/2014 stands allowed and disposed of. cr.m.p. no. 2802 of 2013. .....
Tag this Judgment!Court : Jharkhand
..... as otherwise chaos would be 6 created. if distance education of such a nature is to be encouraged, the only course would be to suitably amend the provisions of the act. 16. in the case of indian charge chrome ltd. vs. union of india, reported in (2003) 2 scc533 the hon'ble supreme court has held as under: 27.the ..... central government and the state government are statutory authorities. they must, thus, act within the four corners of the statute. when an order is meant to ..... by an authority competent therefor. an order which has been passed by an officer without an authority would be non est. the central government, therefore, could not have acted thereupon particularly when the state itself took such a stand. it failed to take into consideration that the recommendation dated 30-6-2001 being withdrawn, was no longer operative. .....
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..... matter has been finally decided, the appellant, reason best known to her, has not brought on record through i.a. the order of suspension by making prayer for amendment and for incorporating the suspension order. (vi) there is dispute about appellant with regard to joining new assignment at daltonganj and stayed at daltonganj, as this fact ..... reposting during suspension order. (viii) further the case of the appellant / applicant is in terms of provisions of section 8 and 9 of the jharkhand education tribunal act, an interlocutory application was filed on 31.01.2013 with a prayer for the issuance appropriate order / direction upon the respondent to start paying the subsistence allowance to ..... counsel for the parties.3. sole appellant has preferred this a.c. (s.b.) no. 10 of 2014, which was filed under section 16 of the jharkhand education tribunal act, 2005, being aggrieved by the order dated 21.05.2014 passed by hon'ble mr. justice (retd.) s.k. chattopadhyaya & hon'ble mr. a.c. ranjan, .....
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..... n.k. batra. hence, his cross examination is must. his report is not a conclusive piece of evidence as per indian evidence act, 1972. (v) several decisions have been given by the tribunals which have been confirmed by hon'ble high courts that ..... central excise, headquarters, new baradwari, sakchi, p.o. & p.s. sakchi, town jamshedpur, district east singhbhum ... respondents coram: hon ble the acting chief justice hon ble mr. justice amitav k. gupta for the petitioner : m/s sumeet gadodia, dhananjay kr. pathak, ritesh kumar gupta, shashi kant ..... amendment, it will not change the nature of the writ petition, on the contrary, the amendment shall facilitate this court in arriving at a conclusion to resolve the dispute between the ..... i.a. no. 8817 of 2017 1. this interlocutory application has been preferred for amendment in the writ petition.2. having heard learned counsels for both the sides and looking to the nature of .....
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..... the state of jharkhand and its authorities are justified in invoking the urgency provision of section 17(1) read with section 17(4) of the act, 1894 (as amended vide bihar act 11 of 1961). thus, before appreciating the rival submissions made on behalf of the parties, it would be appropriate to discuss the respective judgments relied ..... 10/dla ranchi (path) 60/2009- 50/ra, ranchi dated 12.01.2010, issued under section 4 of the land acquisition act, 1894 as amended vide bihar act 11 of 1961 (hereinafter referred to as 'the act, 1894'), under the signature of the additional secretary, revenue and land reforms department, government of jharkhand (respondent no.3) whereby, he ..... compensation on 04.09.2010.3. mr. indrajeet sinha, learned counsel appearing on behalf of the petitioners, submits that section 17 of the act, 1894 (as amended vide bihar act 11 of 1961) confers extraordinary powers to the government authorities by dispensing with the normal procedure laid down under section 5-a of the .....
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..... the state of jharkhand and its authorities are justified in invoking the urgency provision of section 17(1) read with section 17(4) of the act, 1894 (as amended vide bihar act 11 of 1961). thus, before appreciating the rival submissions made on behalf of the parties, it would be appropriate to discuss the respective judgments relied ..... 10/dla ranchi (path) 60/2009- 50/ra, ranchi dated 12.01.2010, issued under section 4 of the land acquisition act, 1894 as amended vide bihar act 11 of 1961 (hereinafter referred to as 'the act, 1894'), under the signature of the additional secretary, revenue and land reforms department, government of jharkhand (respondent no.3) whereby, he ..... compensation on 04.09.2010.3. mr. indrajeet sinha, learned counsel appearing on behalf of the petitioners, submits that section 17 of the act, 1894 (as amended vide bihar act 11 of 1961) confers extraordinary powers to the government authorities by dispensing with the normal procedure laid down under section 5-a of the .....
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..... of promotion also, which has aggrieved the petitioner to approach this court.4. leaned counsel for the petitioner has relied upon the provisions of section 73 of the bihar reorganization act and submitted that petitioner's service conditions cannot be altered without consent of the government of india. in this case those incumbents of the upper division clerk cadre who has ..... y.v. rangaiah case lays down any particular time-frame, within which the selection process is to be completed. in the present case, consideration for promotion took place after the amendment came into operation. thus, it cannot be accepted that any accrued or vested right of the appellants has been taken away by the ..... amendment.. 9. laying down of higher qualification has therefore relevance, in so far as holding higher post is concerned, in view of the nature of functions and duties attached to the .....
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..... of the fire services. since the fire services had been specially established under an act of the legislature and the govern- ment, in pursuance of the power conferred upon it under that act, has already made service rules, any amendment in the karnataka civil services (general recruitment) rules, 1977 would not affect the spe ..... that the rules promulgated under proviso to article 309 of the constitution of india, cannot override the provisions of the rules promulgated under the provisions of the act enacted by the legislature and, accordingly, learned sr. counsel has also challenged promulgation of the subsequent rules.10. it is further submitted by learned sr ..... alternatively, learned sr. counsel argued that the 2002 rules were promulgated by the state government exercising the powers under section 90 of the jharkhand panchayati raj act, 2001, whereas 2015 rules have been promulgated in exercise of the powers under proviso to article 309 of the constitution of india by the governor of .....
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..... of the fire services. since the fire services had been specially established under an act of the legislature and the govern- ment, in pursuance of the power conferred upon it under that act, has already made service rules, any amendment in the karnataka civil services (general recruitment) rules, 1977 would not affect the spe ..... that the rules promulgated under proviso to article 309 of the constitution of india, cannot override the provisions of the rules promulgated under the provisions of the act enacted by the legislature and, accordingly, learned sr. counsel has also challenged promulgation of the subsequent rules.10. it is further submitted by learned sr ..... alternatively, learned sr. counsel argued that the 2002 rules were promulgated by the state government exercising the powers under section 90 of the jharkhand panchayati raj act, 2001, whereas 2015 rules have been promulgated in exercise of the powers under proviso to article 309 of the constitution of india by the governor of .....
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