Court : Allahabad
Reported in : 2007(4)AWC4204
..... itbp-25) was sent for verification of character and antecedents of the petitioner by the respondents after selection/appointment of the petitioner as a constable in indo tibetan border police force. in the said report of the district magistrate, ghazipur it has been clearly stated that 'gorakhnath putra sri raj narain kc viruddha nyayalaya me ..... record reveals that the petitioner was selected for the post of constable in indo tibetan border police force in 1995 after going through several physical tests and other formalities. after selection the petitioner was directed by the head constable to fill up ..... record.2. the petitioner has filed this petition against his termination from service vide impugned order dated 28.10.1996 passed by the commandant, first battalion indo tibetan border police force (respondent no. 2) and for a direction to the respondents to allow him to participate in commando training.3. a perusal of the .....
Tag this Judgment!Court : Allahabad
..... central government under section 47 of the pwd act, exempting all categories of posts of 'combatant personnel' only of the central para military forces (cpmfs) namely central reserve police force (crpf), border security force (bsf), indo tibetan border police (itbt), central industrial security force (cisf) and assam rifles, from the provision of said section, the said provisions cannot be invoked or utilized by the petitioner for .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2992; [2006(109)FLR1101]; (2006)IIILLJ417All
Sabhajeet Yadav, J.1. By this petition, the petitioner has challenged the order dated 30.3.1993 (Annexure -1 of the writ petition) passed by Prescribed Authority under the provisions of Payment of Wages Act 1936 in P.W. Case No. 74 of 1991 Smt. Pramila Devi v. District Basic Education Officer, Jhansi and Ors. whereby the prescribed authority has allowed the application of Respondent No. 2 under Section 15(2) of Payment of Wages Act 1936 and granted a sum of Rs. 1,45,376/- as arrears of wage for the period claimed and equal sum of Rs. 1,45,376/- as compensation thus total amount in tune of Rs. 2,90,752/- along with Rs. 200/- cost.2. The relief claimed in the writ petition rests on the allegation that some posts of Assistant teacher in Junior Basic School run by Basic Shiksha Parishad fell vacant in district Jhansi. To fill up the aforesaid posts advertisement was made, inviting applications from desirous candidates. In pursuance thereof several applications were received including that ...
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2367
..... and order, their built and appearance have direct impact on their effectiveness. after taking into consideration the requirements of height, weight and chest measurements etc. of police personnel in some of the european countries like united kingdom, the committee made recommendations regarding the minimum height, chest measurements (expanded andunexpanded) and weight, having ..... yadav, learned standing counsel, have raised another objection to the applicability of the 1972 rules to the matter of recruitment of constables and sub-inspectors of police. their submission is that the main part of article 309 of the constitution confers power upon the appropriate legislature to make acts to regulate the recruitment ..... there were 9 other members including sri g. parthasarthi. vice-chancellor, jawaharlal nehru university, new delhi. sri k. f. rustamjt, director general, border security force, sri n,s. saxena. former i.g.p., u. p. and sri m. gopalan, i.g.p.. kerala. dr. a. gupta. director. bureau .....
Tag this Judgment!Court : Allahabad
Reported in : 2001CriLJ1765
..... ssection 173 or, in any case, harmoniously together therewith.... however, the law not only visualises but mandates a further investigation, where necessary, and consequential further police report or police reports....(5) in muzaffar abbas v. state of u.p., 1989 llj 68 : (1989 all lj 429), this court has held that the provisions of ..... therefore, inserted. ordinarily conceivable occasion for an additional charge-sheet would be the disclosure of some new material and so, while acknowledging and recognising the police officer's right to submit a fresh charge-sheet. those conceivable circumstaces are put on the statute. however, those circumstances are enumerative and not exhaustive ..... and in the interest of comity of the various agencies and institutions entrusted with different stages of such administration, it would ordinarily be desirable that the police should inform the court and seek formal permission to make further investigation when fresh facts come to light. (para 20 of scc) : (para .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All375
..... that section 29-a itself was struck down. subsequently, r.s. joshi v. ajit mills ltd. : [1978]1scr338 . set aside its earlier decision in ashoka marketing ltd. (supra). later in indo international industries v. state of u. p., 1983 uptc 1195 : (1981 tax lr 2902) (all), learned single judge held in view of r.s. joshi's case : [1978]1scr338 (supra .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(3)JCR537(All)]
Ajoy Nath Ray, C.J., S. Rafat Alam and Ashok Bhushan, JJ.1. This is a reference made by a Division Bench in Civil Misc. Writ Petition No. 3538 of 2005 (Dr. Vinay Kumar v. the Director of Education (Higher), Allahabad and Ors.).2. The three questions referred by the Hon'ble Division Bench will be found at the end of the judgement at internal Page 16.3. The said three questions are set out below:-1. Whether law laid down in Dr. Prakash Chandra Srivastava v. Director of Higher Education, Allahabad and Anr. 2003 (1) AWC 142 by this Court and followed in Alak Rani Gupta (km.) v. Director of Education (Higher) and Anr. 2003 (2) ESC 944, is contrary to and in violation of the letter and intent of the express language used by the legislature in Section 13 of the Act, 1980 read with Regulation 5 of Regulations, 1983? ' 2. Whether it is permissible for the Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution to either add or amend a statutory provision by enu...
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All135
ORDERV.N. Khare, J.1. Two Judges of this Court having differed in their opinion on the question of competence of State Legislature to enact U.P. Sheera Niyantran Adhiniyam 1964 (U.P. Act No. XXIV of 1964) (in short, the Adhiniyam) have referred the following point of difference to third Judge for opinion:'Whether by virtue of Section 18G of the Industrial (Development and Regulation) Act, 1951, the State Legislature stood denuded of power to legislate regulating supply, distribution and price of molasses-a product of sugar industry, and was conse-qeuntly incompetent to enact Sections 7, 8 and 10 of the Uttar Pradesh Sheera Niyantran Adhiniyam 1964 (U.P. Act No. 24 of 1964)?'Hon'ble the Chief Justice instead of referring the matter to the third Judge, constituted this Full Bench to answer the point of difference between the two Judges and that is how the matter has come up before us. It arises in the context of statement made in the Lok Sabha by the Minister of State in the Ministry of ...
Tag this Judgment!Court : Allahabad
Reported in : 2008(3)AWC2865
Anjani Kumar and Sabhajeet Yadav, JJ.1. In abovenoted writ petitions common question of facts and law are involved, therefore, they are decided together by common judgment. The facts of the Writ Petition No. 3046 of 2007 would also include the facts of other two connected writ petitions and it will be leading case.2. By these petitions, the petitioners have sought relief of certiorari for quashing the notification dated 7.12.2006 contained in Annexure-12 of the writ petition and notification dated 27.8.2005 contained in Annexure-11 of the writ petition and advertisement No. A-6/E-1/2006 Employment News 7-13 October. 2006 (Annexure-6) and order dated 2.8.2007 contained in Annexure-13-F to the writ petition, the resolution of Full Court dated 30.4.2005 and 20.8.2005 by summoning the record. A relief in the nature of mandamus has also been sought for declaring the Rule 4 (m) of U.P. Judicial Service Rules 2001 as ultravires the Constitution of India so far as it includes the phrase 'in wh...
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All44; (1996)3UPLBEC1691
ORDERU.P. Singh, J. (Majority view)1. Thequestion as framed for decision by the Full Bench is as follows:'Whether Section 16-G(3)(a) of U. P. Intermediate Education Act, 1921, is applicable to a recognised and Government aided minority institution which provides for taking of the prior approval of the District Inspector of Schools in writing before discharging, removing or dismissing from service or reducing in rank or subjecting to any diminution in emoluments or terminating the service of a teacher of a recognised institution under the Act?'2. The necessary facts leading to making the reference to the Full Bench may be stated briefly. Sri Guru Nanak Deo Girls Inter College, Saharanpur is a minority institution. It is aided by the State Government. Smt. J. K. Kalra, the petitioner, was appointed as a teacher by the Committee of Management of Sri Guru Nanak Deo Inter College, Saharanpur on 8th July, 1954 and confirmed on the said post on 8th July, 1955. She was promoted as Principal of...
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