Court : Himachal Pradesh
Reported in : AIR1959HP32
T. Ramabhadran, J.C.1. This appeal had come up before this Court on an earlier occasion, when, for reasons stated in this Court's order dated 29-11-1958, four issues were remitted to the learned District Judge of Mandi for investigation and report under Order 41, Rule 25, read with Order 42 Rule 1, Civil P. C. The findings of the District Judge have since been received. No written objections thereto were filed by either side, although when further arguments were heard in the appeal, learned counsel for the parties, in addition to supporting the findings that went in their favour, attempted to demonstrate that the findings which went against them could not be sustained. After that judgment was reserved, I now proceed to deliver judgment.2. For reasons to be stated shortly, I have come to the conclusion that this second appeal must fail.3. I shall refer to the various points that were argued before me, seriatim.4. (A) The first point to be considered is: What was the status of the perman...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP37
M.H. Beg, C.J.1. Each of the two petitioners before us complains of denial, on similar grounds, of admission into the Medical College. Simla, run by the Government of Himachal Pradesh (hereinafter referred to as the College). As questions of fact and law common to both the cases arose, they were connected and argued together, and will be disposed of by a single judgment.2. Both petitioners, about 17 years In age at the time of applying for admission, submitted that they had complied with the conditions given in the Rules contained in the prospectus of the college for the year 1970-71 so that they were entitled to be considered for admission by the Selection Board.3. The prospectus for 1970-71 gives the objectives of the teaching programme of the college as follows:--'1. To enable the students to prepare for general practice of medicine together with an understanding of the patient as an individual who is an integral part of the society.2. To help develop firm foundations of scientific ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1959HP12
ORDERT. Ramabhadran, J.C.1. This petition, under Article 228 of the Constitution arises under the following circumstances:--The petitioner Shri A. D. Bali, Officiating Deputy Superintendent of Police, Bilaspur, is being proceeded against departmentally, by the respondent, on the basis of a charge-sheet dated 27-6-1958 (Annexure 'A'). Along with the original charge-sheet, a statement of allegations has been appended, although the same has not been enclosed with this petition, but it was shown to me during the course of arguments. These allegations are to the effect that when the petitioner was transferred from Chini to Kasumpti, about three years ago, ho drew certain amounts, to which he was not entitled under the Rules, by way of travelling allowance by making false representations.The petitioner's main contention is that the charge-sheet discloses an offence described in Section 5(1) (d). Prevention of Corruption Act, 1947. Since the same is triable exclusively by a Special Judge, as ...
Tag this Judgment!Court : Himachal Pradesh
Surinder Singh,J.1. The present petition was filed, before the Erstwhile H. P. State Administrative Tribunal, Shimla, by the petitioner for seeking the following reliefs:i) that the impugned Annexure A-7 dated 19.6.2006 may be quashed and set aside;ii) that the respondent-Board may be directed to release the entire retrial benefits of the applicant i.e. retirement gratuity, commuted value of pension and leave encashment with interest at the rate of 18% per annum;2. I have heard the learned Counsel for the parties and have carefully gone through the record.3. Precisely, the facts giving rise to the present petition are that the petitioner during the year 1983-94, while working as Superintendent Grade-II in Operation Circle, HPSEB Rampur, was dealing with the cases of daily waged, ministerial staff and registration of contractors etc. along with other cases of the establishment section. It is alleged that he got the name of his daughter Santosh Devi, entered in the category of clerk. On ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1954HP68
Ramabhadran, J.C.1. Magna, petitioner 1, was prosecuted of offences punishable under Sections 224 and 353, I. P. C., and the remaining petitioners of offences under Sections 225 and 353, I. P. C., in the Court of the Magistrate second class, Churah. The trial Magistrate convicted petitioners 1 to 4 of the offences with which they had been charged. Petitioners 5 to 7 were acquitted of the charge under Section 353, I. P. C., but convicted under Section 225, I. P. C. They preferred an appeal to the learned District Magistrate of Chamba, who, however, rejected it. They have now come up in revision to this Court.2. The prosecution case was that in pursuance of a warrant, Ex. P. A, issued by Sri Devendra Nath, Magistrate first class, Chamba, constables, Gulabu and Chuhru, proceeded to village Galwa and attempted to apprehend petitioner Magna. The petitioners, however, used criminal force against the constables and obstructed the lawful apprehension of Magna with the result that he could not ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1997ACJ831
Bhawani Singh, J.1. This writ petition has been preferred by the parents of students who drowned in river Beas on 28.5.1995 seeking relief of inquiry by Central Bureau of Investigation finding out the causes for the tragedy, responsibility therefor, punishment to the guilty ones and adequate compensation from the school authorities.2. Dalhousie Public School, Bhadhani was established in the year 1970 with respondent No. 2 as its founder Chairman. It is located near village Bhadhani on Pathankot-Dalhousie Road. Currently, there are about 450 students in the school with turnover of Rs. 1,25,00,000/-. All the students were studying in V and VI Classes except Gurkirat Singh Grewal who was a student of IV Class and were staying in the hostel.3. 28.5.1995, being the last Sunday of the month, was a parents meeting day, therefore, as per the rules of the school, the parents/guardians were allowed to take the children/wards from the school premises and bring them back before 6.00 p.m. on the sa...
Tag this Judgment!Court : Himachal Pradesh
Dev Darshan Sud, J.1. This Letters Patent Appeal has been preferred by the High Court of Himachal Pradesh against the judgment of the Hon'ble Single Judge setting aside the order of compulsory retirement passed against respondent No. 1 by the disciplinary authority.2. The undisputed facts are that respondent No. 1, a member of Himachal Pradesh Judicial Service, was served with a Memorandum of Charge dated 1.10.1997 charging him on twelve counts of misconduct. After enquiry, he was held guilty of the charges detailed below:Article of ChargesFindings of the Inquiry OfficerArticle-IThat the said Shri Manoj Kumar Bansal while functioning as Sub Judge-cum-Sub Divisional Judicial Magistrate,Sarkaghat during the period from 22.1.1996 to 7.6.1997 had procured the presence of Shri Bhalkhu Ram, Operator ofAuto Rikshaw No. HP-05-0209 through the policeofficials of the Police Station, Sarkaghat on 23.7.1996 in his chamberand engaged under pressure his Auto Rikshawfor carrying his wife daily from r...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ2603
ORDERD.P. Sood, J.1. All these four Criminal Revision Petitions arise out of the same First Information Report No. 17 of 1990 registered at Police Station, Anti-Corruption Zone, Shimla. As such I proceed to decide them by a common order.2. The crucial point involved for determination in these revision petitions is:'Whether cognizance of the offence under Section 13 of the Prevention of Corruption Act, 1988(New) corresponding to Section 5(2) of the Prevention of Corruption Act, 1947, could be taken by Special Judge, Shimla when sanction in relation to the prosecution of the petitioner had been refused by the competent authority?'3. As a corollary thereto another important question for the consideration of this Court arises in case Special Judge, Shimla is held to be empowered to take cognizance of the offence without sanction of the competent authority, could such a Court take cognizance of the offences committed by a public servant under Penal Code during the discharge of his official ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2005CriLJ1136
K.C. Sood, J.1. This State appeal is directed against the judgment of acquittal recorded by learned Special Judge, Chamba dated February 21, 2003.2. It appears, respondent Sukhdev Singh, hereinafter referred to as 'the accused', was tried by the learned Special Judge, Chamba under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 ('Act' for short) and was acquitted by the impugned judgment.Prosecution case :3. Accused Sukhdev Singh was posted as Block Development Officer, Mehla in the District of Chamba in the year 1997. Chain Lal Pradhan of Gram Panchayat Gagla was awarded two works by the Block Development Officer, Mehla, i.e. :(a) Construction of Government Primary School, Gagla and(b) Construction of School at Kuran, in Gram Panchayat, Gagla.Complainant executed both the works but he was not released final payment(s) of the two works. Rupees 14,000/- were due in respect of the work of construction of School building and rupees 20,400/- in respect of the co...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000ACJ666
L.S. Panta, J.1. Petitioners, namely, Abhilasha (widow), Sushil Kumar and Kuldip Kumar (minor sons) of deceased Hira Singh, have filed this writ petition claiming Rs. 10,00,000 as compensation with interest at the rate of 18 per cent on account of death of said Hira Singh, who died in the forest shed alleged to have been constructed by the respondent Corporation.2. The relevant facts giving rise to the present case are as follows:Hira Singh was a registered labour supply mate of the respondent Corporation. He had been undertaking works on behalf of the respondent Corporation for felling, conversion of timber, fuel wood, manual carriage, ropeway carriage besides extraction of resin. He submitted his tender for extraction of resin for 1997-98 season. His tender was accepted by the respondent Corporation and an agreement was entered into between the parties. On 27.7.1997, Hira Singh went to the Forest Depot in Forest Division, Nerwa, for weighing the resin. When he was sitting in the fore...
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