Court : Allahabad
Reported in : [2001(90)FLR788]; 2001LabIC3975; (2001)2UPLBEC1676
R.B. Mishra, J.1. The petitioner has filed the present Writ Petition No. 7133 of 2001 seeking a writ of certiorari to quash the ex parte Inquiry report and for a mandamus commanding the respondents not to give effect or not to take any action against the petitioner on the basis of the ex parte inquiry report against him. The petitioner has also prayed for a writ of mandamus commanding the respondent No. 1 to get the Inquiry conducted, if any, against the petitioner through any competent authority of any department other than the present one which is under the ministry of Sri Markandey Chand, the Minister for Rural Engineering Services and Minor Irrigation Department Government of U. P. The petitioner has made initially five respondents, e.g., (i) The Chief Secretary, State of Uttar Pradesh. (ii) Sri Markandey Chand. Minister for Rural Engineering Services and Minor Irrigation Department. (iii) The Secretary. Minor Irrigation Department and Rural Engineering Services, (iv) Sri AJai Kuma...
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC1158; (2005)2UPLBEC1328
Sabhajeet Yadav, J.1. The facts of the case in brief are that while working as Collection Amin in the revenue department of the Government of Uttar Pradesh, a FIR was registered against the petitioner along with five other persons Under Section 147, 148, 149 and 302 IPC, at Police Station Jam, District Meerut. After trial of the aforesaid case all the six persons including the petitioner were convicted by court of 1st Additional Sessions Judge, Meerut vide judgment and order dated 30.6.1984. According to the petitioner, on account of his conviction Under Section 148, 149 and 302 I.P.C., in the aforesaid criminal case his services were terminated vide order dated 10.12.1987 passed by the District Magistrate/Collector, Meerut. Against the order of conviction and sentence dated 30.6.1984, the petitioner and other convicted persons have preferred an appeal before this Court, which was numbered as Criminal Appeal No. 1772 of 1984. On 4.4.1996 the aforesaid appeal was allowed by Division Ben...
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1073
R.H. Zaidi, J.1. In these cases common questions of law and fact are involved and counter-affidavit and rejoinder-affidavits have also been exchanged and filed by the parties. Therefore, as desired by the learned counsel for the parties'as well as looking to the importance of the subject-matter in dispute, these petitions were heard finally at this stage and are being disposed of by means of this common judgment.2. By means of Writ Petition No. 3506 (S/S) of 1998, petitioner prays for issuance of a writ, order or direction in the nature of certiorariquashing the order dated 4.8.98 passed by Basic Shiksha Adhikan, Unnao, appointing authority/ disciplinary authority, whereby the petitioner has been dismissed from the post of Assistant Teacher, in the Primary School Laharkhera, Gramin Kshetra-Sarosi, district Unnao, established and run by U. P. Basic Shiksha Parishad, Allahabad (for short 'the School').3. Relevant facts of the case as unfolded in the writ petition are that the petitioner ...
Tag this Judgment!Court : Allahabad
Reported in : [2005(107)FLR529]
V.C. Misra, J.1. Heard Sri P.N. Saxena, Senior Advocate assisted by Sri R.K. Tiwari, learned counsel for the petitioner and Sri Govind Saran, Advocate learned; standing counsel on behalf of the respondents Nos. 1, 2 and 3.2. The facts of the case in brief are that the petitioner was appointed as a constable in Railway Protection Force by posting at Allahabad on 18.5.1984. In July 1989, the petitioner was transferred to the outpost Mughal Sarai (MGS) under the Incharge Protection Force (IPF), Chunar.On 19.8.1992, the petitioner proceeded on medical leave by taking sick memo and remained as outdoor patient in the Railway Hospital, Mughal Sarai till 4.1.1993. On 5.1.1993, the petitioner was discharged from sick list by the Divisional Medical Officer-I, Eastern Railway (DMO-I, E.R.),Mughal Sarai in the midst of the treatment without mentioning the fact that the petitioner was fit for duty. The petitioner had to under-go treatment by a private doctor Dr. A.K. Mehta at Ballia with effect fro...
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3571
R.H. Zaidi, J. 1. By means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 7.9.91 passed by District Judge, Fatzabad dismissing the petitioner from the post of peon of Civil Court, Faizabad.2. Relevant facts of the case as unfolded from the material on record, in brief, are that the petitioner was appointed on the post of peon in the Judgeship of Faizabad on 13.11.1987. It was on 1.6.89 Km. Sudha Singh, Vlth Addl. Munsif Magistrate. Faizabad made a complaint to the District Judge that the petitioner firstly approached her not to grant bail to the accused persons but when he failed in his attempt, he has interpolated release order issued, in Case Crime No. 33 of 1989. He added figure '1' in crime number and Interpolated Crime No. 93 of 1989 as Crime No. 193 of 1989, so that the accused who have allegedly assaulted father-in-law of his real brother Sri Ram Bah...
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3600
S.H.A. Rara and R.P. Nigam, JJ.1. A departmental enquiry was conducted against the petitioner who was at the relevant time working as acting Deputy Collector (now retired) on the charges that he made certain allotment of land without complying with the procedure. The charge No. 1 related to the appointment of Rajesh Kumar as Seasonal Collection Amin who was the son of the petitioner. Although his appointment was for a period commenced from 17.2.1993 to 31.3.1993. I.e., only for a period of 1 1/2 months. According to the charge, he never started his duty as Seasonal Collection Amin. The petitioner has also appointed one Sudhir Kumar Shukla as Seasonal Collection Amin for different periods who also did not perform his duties but both these persons have realised their salary. According to charge No. 1, the petitioner also appointed one Raghu Nath Prasad as Seasonal Collection Amin in the month of May, 1993 but he also did not work and his salary was paid. The second charge against the pet...
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All235
Agrwala, J. 1. Shyam Lal, applicant, was a member of the Indian Service of Engineers occupying the post of the Superintending Engineer, VI Circle in the Irrigation Department of the State ot Uttar Pradesh. He was promoted to the rank of Superintending Engineer in August 1944 and was holding that post when the dispute in the case, that calls for decision, arose. The applicant passed his Civil Engineering Examination from the Thomason College, Roorkee, in 1922 standing first in his class. He was awarded the Council of India Prize of Rs. 1,000/- for being the best student of the year and a prize of Rs. 250/- for being the best Indian student of the year. He was also awarded the Cautley Gold Medal for the best Engineering design of the year. He was appointed in the Indian Service of Engineers in October 1923 by the Secretary of State for India in Council.At the time of his appointment the applicant was given a letter of appointment by the Secretary of State for India in Council which presc...
Tag this Judgment!Court : Allahabad
1. This writ petition having been restored to its original number vide order of date passed on restoration application, as requested by learned counsel for the parties, it is taken up for hearing and is being decided finally. 2. Heard Sri K.K. Tripathi, learned counsel for the petitioner and learned Standing Counsel for the respondents. 3. The executive authorities are supposed to execute policies of Government employing Rule of Law as laid down by Legislature and interpreted by this court. The incidental work which is also of equal importance is that those responsible for such execution must perform their job diligently, devotedly, honestly with ultimate goal of best public interest. Those who lack, should be made to suffer consequences. The later part, i.e., the consequences, ordinarily comes as a result of disciplinary proceedings conducted in accordance with Rules laying down procedure consistent with Article 311 of the Constitution and on the broad principle of administrative law....
Tag this Judgment!Court : Allahabad
Reported in : AIR2004All173; 2004(1)AWC346
R.K. Dash. J.1. In the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing the impugned citation. Annexure-1 whereby he has been asked to pay a sum of Rs. 2.87.67,021.00 to the State.2. Shortly stated, the petitioner's case is that plot No. 103 measuring approximately 66.795 sq. ft. situated in Civil Lines, district Gorakhpur was nazul land and over the said plot there exists a bunglow bearing No. 7. A case in respect of the said plot was created by the Slate Government in favour of late Madan Lal Tekriwal on 1.11.1954, with retrospective effect from 1.5.1945, for a period of 30 years with right of renewal for further period of two terms of 30 years each with a rider that Government may refuse to renew the lease in case of violation of the terms and conditions thereof. One J.R. Tamta was residing as tenant in a portion of the aforesaid plot covering an area of 43.000 sq. ft. After he vacated the tenanted premises, the bungl...
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All528
ORDERRaghubar Dayal, J.1. These are two petitions under Article 226 of the Constitution, one by Shri O. N. Chauhan and the other by Shri G. K. Sinha, praying for a writ in the nature of certiorari quashing the order of the Collector, Central Excise, Allahabad, dated 10-11-1953, and a writ in the nature of mandamus ordering the Collector of Central Excise, Allahabad, the opposite party, to restore the petitioners to the cadre of Selection Grade Inspector to which they were appointed permanently by the order of 27-2-1953.2. The petitioners were permanent Inspectors in the Central Excise Department Allahabad in August 1952; Letter No. 4(98)--Ad. (CX) 51, dated 20-8-1952, from Government of India, Ministry of Finance (Revenue Division), New Delhi, to the Collectors of Central Excise said in para. 2:'The Selection grade for Inspector of Central Excise will constitute 15 per cent of the cadre strength of Inspectors, appointments thereto being made of permanent incumbents only on the basis of...
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