Court : Patna
..... of india. the petitioners have also referred to the provisions of the p.r.d.a. (disposal of land) rules, 1978 under the bihar regional developer authority act. they contend that they are entitled to allotment of land in order of preference for settlement of residential plots as per rule 17 of the said rules and ..... petitioners claim that they are not criminal trespassers on the land and they even undertake to pay the development cost it imposed upon them by the respondents-state authority as per the provisions of the bihar regional development authority act and rules framed thereunder.7. no counter affidavit has been filed by the respondents. howe learned counsel for ..... they claim to have constructed houses on some of the plots of the land acquired by the state for the patna improvement trust and now the patna regional development authority (hereinafter 'p.r.d.a.' in land acquisition case no. 63/61-62 and transferred to budhha grih nirman sahyog samiti ltd. (hereinafter 'society'. they .....
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..... establishment /organisations in this state in recent times and the legislature though it appropriate to intervene and make the provisions which would deter the college/university authorities from making illegal appointments because, more often than not, it is the state which was to bear the financial burden of the appointments. the purpose ..... s). merely on the ground that prior approval of the state government was not obtained, the appointment cannot be said to be illegal. the college/university authorities are competent to make appointment of eligible and suitable persons against such posts. ordinarily, this should be done with the prior approval of the state government. ..... implication to any person holding a teaching or non-teaching post;(iv) shall incur expenditure of any kind on any development scheme without the prior approval of the state government. (2) notwithstanding anything contained in this act, no college other than one mentioned in clauses (a) and (b) of sub-section (1), shall, .....
Tag this Judgment!Court : Patna
..... devi i.e. before the election. that matter has not been explained in the enquiry report.5. the concern of the court is that the work of the development of the panchayat may not be hampered till the decision came to be taken due to freezing of the bank account in question. in this regard the court gives ..... a direction upon the district magistrate, siwan that he shall direct the proper authority to work out the mechanism so that account may be regulated and work of the panchayat and the development of the same do not suffer. the district magistrate shall see that the concerned authority puts the mechanisms in place at the earliest. so far as the ..... categorical direction issued on 30.4.2009 the district panchayat raj padadhikari, siwan has not bothered to file counter affidavit in the matter and explain the position. the act of the district panchayat officer is hereby deprecated because the proceeding has been held back all the months and the direction has not been complied with by the concerned .....
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..... by the parliament or by the state including those vested with the duty to make decisions in order to implement those laws.? thus, quasi judicial statutory authorities acting under statutes were held to be `state. 20. the next case, i would like to notice, is the constitution bench judgment of the apex court ..... by cases noted above. he rightly pointed out that when a person being an officer of government is appointed or a person appointed by statutory authority to act under his authority and supervision/superintendence such a person would be state representative and `stateunder article 12. the distinction between public function and private function would be ..... authority may not act outside its powers (ultra - vires) may firstly be called the central principles of administrative law. the juristic basis of judicial review is the doctrine of ultra- vires. to a large extent the courts have developed the subject by extending and refining this principle ? 28. the courts have held that any act .....
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..... regularisation of services of the casual employees, it will amount to frustrating the scheme prepared by the committee. in the background of the case and the subsequent development it is not possible for the opposite parties to comply the order.10. having regard to the facts and circumstances of the case discussed hereinabove and the ..... been illustrated in the following paragraphs:clause 6.7 : - the committee also recommends that the state government may give a direction under section 34 of the act to the corporation that all salaries and other allowances of its staff shall remain frozen for 5 years after which the position will be reviewed. if the situation ..... party to contempt proceedings and enforcing obedience to such orders hardly lends credence to judicial process and authority; more so, in the peculiar facts and circumstances of the case. the court must always be zealous in preserving its authority and dignity but at the same time it will be inadvisable to require compliance of an order .....
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..... rule 5 of the rules. he also submitted that in terms of section 2(iii) of the mines and minerals (regulation and development)act, 1957, the respondent no. 2 is the competent authority and thus he had the jurisdiction to issue the impugned notice in terms of rule 15 of the bihar minor and mineral concession rules. the learned ..... by the respondents in the counter-affidavit that a mining lease was granted in terms of the bihar minerals concession rules. in the mines and minerals (regulation and development) act, 1957 and the bihar minor and mineral concession rules, different provisions exist for grant of mining lease and quarrying permits. the scope, purport and object of grant ..... 5 of the said rule.15. so far as the submission of the learned advocate-general based on section 2(iii) of the mines and minerals (regulation and development) act, 1957, and rule 15 of the bihar minor and mineral concession rule is concerned, the same is misconceived.16. it is not a case that a quarrying permit .....
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..... of the managing committee. the government of bihar promulgated several ordinances in the year 1980-81 and finally enacted bihar sanskrit shiksha board act, which came into effect from 24th may, 1982 for development and better supervision of sanskrit education up to madhyama standard in the state. according to the sub-section (2)(n) of section ..... (annexure 1) would show that the managing committee was dissolved and the ad hoc committee was constituted under the orders of the chairman who had no authority. he also submitted that the earlier writ petitions were not dismissed rather they were permitted to be withdrawn after noticing their statement of the counsel for the ..... the board has got only supervisory power and it cannot determine the service conditions of teaching and non-teaching staff of any institution and that the competent authority in this regard is the managing committee. however, according to the case of the petitioner, by the impugned order the chairman of the board passed an .....
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..... duty. in otherwords the respondents themselves had not complied with the requirement of rule 40(3). petitioner's case is that he was a victim of unfortunate development on his personal front and many a calamities had wounded him which forced him to absent from duty and it was not a conscious decision on his part ..... vacation of employment on the expiry of the said period of notice. an appeal is maintainable against such an order if it is passed and the appellate authority must satisfy that the officer was prevented by sickness or incapacity from reporting for duty within the prescribed period. according to the petitioner the notices issued to ..... were compelling circumstances available.3. in the counter affidavit the respondents have justified the action taken by the management in the facts of the case that the present act of the petitioner's unauthorized absence was not the only instance of its kind. despite the petitioner holding the responsible post, in the managerial capacity as branch .....
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..... he was not given full pension and gratuity but by letter, dated 7.5.1992 (annexure 2) the special officer-cum-joint secretary in the human resources development department informed the accountant general, bihar that the petitioner was provisionally allowed 90% pension and a decision was taken to withhold 10% of his pension and the ..... full amount of his gratuity is completely bad and unsustainable in law. the impugned direction as contained in annexure 1, is accordingly set-aside and the concerned authorities, including the accountant general are directed to pay full pension and gratuity to the petitioner. the arrears of the balance pension and the full gratuity must ..... and the amounts of misappropriation and loss were duly quantified. it seems that the government took the decision clearly behind the back of the petitioner and simply acting on the basis of certain reports and materials on record. the action of the government was, thus, in complete breach of the principles of natural justice .....
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..... pljr 1042 a division bench of this court was considering a case where the order of suspension was passed by the commissioner of a division against a block development officer who belonged to bihar agricultural service class ii. in that situation it was held that the commissioner of a division having not been delegated with the ..... proviso appended to article 309 of the constitution of india, the same shall prevail over the rules of executive business.7. according to the learned counsel the appointing authority being the state government, the rile should have been placed before the council of ministers and only on its approval, the impugned order could be passed.he ..... cannot be delegated. a functionary who has to decide an administrative matter or the nature involved in the case can obtain the material on which he is to act in such manner as may be feasible and convenient but he cannot delegate the ultimate responsibility for the exercise of such power except where the law specifically so .....
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