Court : Uttaranchal
Reported in : [2005(105)FLR883]; (2005)IIILLJ209UC; (2005)2UPLBEC54
v.s. sirpurkar, c.j. 1. heard mr. s.s. yadav, advocate appearing for the appellant and mr. j.p. joshi, addl. chief standing counsel appearing for the state.2. this writ appeal is directed against the dismissal in limine of the writ petition filed by the petitioner i.e. the appellant herein. by that writ petition, the petitioner, i.e., the appellant herein, very strangely, had sought quashing of the order dated 19.11.2001, whereby as many as about 9 instructors came to be appointed for their regularisation.3. in support of his writ petition, the petitioner i.e. the appellant herein suggested before the learned single judge that he was appointed as an instructor in industrial training institute (i.t.i.), tanakpur, somewhere on 1.2.1991 and that he continued till the year 1994 and more particularly, till 31.8.1994. his termination was effected because he was not a regularly selected candidate and one other regularly selected candidate was appointed in his place on 6.8.1993. it was pointed out by him, further, that because of his termination, he had filed a writ petition before the allahabad high court, which writ petition was not entertained by the allahabad high court and the same was dismissed. the petitioner, i.e., the appellant herein, then, kept quiet right from 1994 and has, now, chosen to file a writ petition in the year 2001 suggesting that the appointment or as the case may be, regularisation of the instructors mentioned in the order dated 19.11.2001 was bad and that in .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(3)AWC2433; [2005(105)FLR458]
prafulla c. pant, j.1. by means of this writ petition, moved under article 226 of the constitution of india, the petitioner has challenged the order dated 25.6.1997 (copy annexure-3 to the writ petition) whereby his services were terminated from the group 'd' post.2. brief facts of the case, as narrated in the writ petition, are that the petitioner was appointed as class iv employee as 'patrawahak' in the kshetriya gramya vikas sansthan of rural development department. he joined his duties on 23.11.1995 in pursuance of the appointment letter dated 22.11.1995 (copy annexure-1 to the writ petition). before the appointment, an interview was held on 20.11.1995 on the basis of the list, containing names including that of the petitioner, forwarded by the employment exchange. however, suddenly the services of the petitioner were terminated w.e.f. 25.6.1997 (copy annexure-3 to the writ petition). the petitioner has challenged the said order on the ground that he had completed more than one and a half years unblemished services to the satisfaction of all his superiors. it is further alleged in the writ petition that the petitioner's services were wrongly terminated in violation of the rules.3. a counter-affidavit has been filed on behalf of the respondents in which it has been stated that the petitioner was appointed against temporary post and his services were liable to be terminated at any time by giving one month's notice or one month's salary in lieu thereof. it: is further stated .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr1
orderrajesh tandon, j.1. heard sri paresh tripathi counsel for the petitioners, sri m.c. pant counsel for the respondent no. 1, sri jitendra chaudhari counsel for bar council of u.p. sri arvind vashist counsel for bar council of uttaranchal.2. by the present writ petitions, the petitioners have prayed for a writ of certiorari quashing the judgment and order dated 28.6.2005 passed by the election tribunal bar council of uttaranchal, dehradun in election petition no. 1/2004 'krishna kumar bangwal v. dharmveer singh and ors.3. briefly stated the election for the first bar council of uttaranchal was held in the last week of april 2004 and there were total 73 candidates who filed nomination papers. the total vote cast in the said election were 4734 and the counting of the same was done from 3.5.2004 to 11.5.2004. after counting of the votes, the petitioners were declared to be elected as a member bar council and thereafter notification was published in the gazette. the respondent no. 1 filed election petition before the election tribunal, bar council, uttaranchal. the tribunal has passed the following order on 28.6.2005.(vernacular matter omitted...ed.)4. against the aforesaid order the present writ petition has been preferred.5. according to the petitioners no notice was received by them issued by the election tribunal to the opposite parties on 16.8.2004. a perusal of the record shows that they were required to appear before the tribunal at dehradum bar association on 28.8.2004 .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2003CriLJ4189
irshad hussain, j.1. accused-appellant govind ram has been convicted under section 302 of indian penal code and awarded capital punishment per judgment and order dated 19-10-2000 passed by the then sessions judge, pauri garhwal in session trial no. 58 of 1998 for having committed the murder of his step mother smt. pappu devi at about 7 a.m. on 8-7-1998 in village naudiyakhet, patti bijlot-i, tehsil dhomakot, district pauri garhwal.2. prosecution case as disclosed in the f.i.r. and from the evidence was that the appellant fatally assaulted his step-mother by wielding khukhari (dagger) at about 7.00 a.m. on 8-7-1998. written report, ext.ka-1 was lodged at the police station by complainant prem lal p.w. 1, the real brother of the appellant and on its basis case was registered and investigation was taken up by patwari (revenue-police) bhagwan singh, p.w. 7. it was also the case of the prosecution that in the night intervening 7/8-7-1998 there was night long 'jagar' for arousal of supernatural (divine) prowess in a human being and large number of relatives were assembled in the house of the complainant. at about 5.00 a.m. appellant started behaving in an unusual angry and wicked manner. he became violent and started beating the persons present there. out of fear relatives except the step mother smt. pappu devi left the room. appellant thereafter started assaulting his step mother by wielding a 'khukhari' and even dragged her towards the field outside the room. as a result of the .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006CriLJ1748
j.c.s. rawat, j.1. this criminal appeal arises out against the judgment and order dated 21-7-1984 passed by additional sessions judge (special judge), nainital in s. t. no. 180 of 1981 whereby the learned additional sessions judge convicted and sentenced the appellants to pay a fine of rs. 1000/- under section 323/34, ipc and in default of payment of fine each of the appellants to undergo r.i. for a period of three months. appellant shanti ballabh was convicted and sentenced under section 304, part i, ipc to undergo r.i. for a period of 3 years and to pay a fine of rs. 1000/- and in default of payment of fine to undergo six month r.i.2. at the time of hearing of argument of the learned counsel for the parties, the learned counsel for the appellants submitted that appellant-hari nandan (in appeal no. 743 of 2001) has died during the pendency of appeal. in this regard, a report was called for from the chief judicial magistrate, udham singh nagar, who sent his report dated 4-6-2002 about the death of the above-named appellant. it reveals from the said report that the appellant-hari nandan has died during the pendency of appeal. hence the appeal is dismissed as abated against hari nandan.3. the prosecution case, in brief, is that on 5-5-1981 at 8 a.m. accused devi datt, hari nandan, satish chandra and shati ballabh came to the field of ramesh singh and started making 'jhala' in his field. ramesh singh tried to stop them on which the accused started abusing him. at the same time, .....
Tag this Judgment!Court : Uttaranchal
1. these two appeals, preferred under section 374 of code of criminal procedure, 1973, (for short cr.p.c) are directed against the judgment and order dated 06.12.2003, passed by iv fast track court/additional sessions judge, haridwar, in sessions trial no. 312 of 2001 and sessions trial no. 313 of 2001, whereby appellants imran, bhura and nisar are convicted under section 302 read with section 34, and under section 427 read with section 34 i.p.c. by the same judgment appellant iqbal has been convicted under section 302 and 427 i.p.c. he has been further convicted under section 25 arms act, 1959. each of the appellants imran, bhura, nisar @ ghada have been sentenced to imprisonment for life under section 302 read with section 34 ipc, and rigorous imprisonment for a period of one year under section 427 read with section 34 ipc. appellant iqbal is also sentenced to imprisonment for life under section 302 ipc, and rigorous imprisonment for a period of one year under section 427 ipc. he (iqbal) has been further sentenced to rigorous imprisonment for a period of one year under section 25 arms act, 1959.2. heard learned counsel for the parties and perused lower court record.3. prosecution story in brief is that ramesh chand (deceased), p.w.3 balesh kumar and prakashi, purchased land situated in village sikandarpur within the limits of police station bhagwanpur, district haridwar, in december, 2000. names of the said purchasers were also recorded in the revenue record. on 08.04.2001, .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005CriLJ3660
orderj.c.s. rawat, j.1. through this application under section 482 of the code of criminal procedure the petitioners have sought the relief to set aside the order dated 17-1-2005 passed by special judicial magistrate (cbi) dehradun under section 156(3) of the cr. p.c. to register and investigate in case crime no. 8 of 2005 (j.b. institute v. software technology group) under section 420, ipc, to set aside the fir and proceedings pending before the investigating officer initiated in pursuance of complaint being complaint no. 08 of 2005 (j.b. institute v. software technology group) under section 420, ipc and to set aside the fir dated 23-1-2005 under section 420, ipc lodged in police station vasant vihar dehradun presently investigated by p.s. sahaspur district dehradun in case crime no. 8 of 2005.2. brief facts leading to the petition are that sri sunil verma moved an application under section 156, cr. p.c. before the court of special judicial magistrate, dehradun under section 420, ipc, on which the learned magistrate passed the order with the direction to the concerned sho, vasant vihar, dehradun to register the case and investigate the matter according to law on 17-1-2005 and consequently an fir has been lodged in pursuance of the said order. feeling aggrieved by the said fir the present petition has been preferred under section 482, cr. p.c.3. a question arose as to whether the investigation or an fir could be quashed in exercise of the powers under section 482, cr. p.c. or .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)1UPLBEC16
rajesh tandon, j.1. heard sri gopal narain, learned counsel for the petitioner and sri maulikhi, learned standing counsel for the respondent.2. by the present writ petition, the petitioner has prayed for issue of a writ, order of direction in nature of certiorari quashing the order dated 5th february, 2003 passed by the respondent no. 1.3. brief facts giving rise to the writ petitioner are that the petitioner namely bengal engineer group and centre employees is a union of civil regimental employees of m/s. bengal engineer group and centre, roorkee, haridwar, namely, the respondent no. 2.4. the petitioner, has filed an application for registration under section 5 of the trade union act, 1926 of a trade union to the registrar accompanied by his own consideration which has been annexed as annexure-1 to the writ petition. paragraph v provides the name of the union as under :--1 ^^v&& ;wfu;d dk uke -----------caxky bathfu;lz xzqi ,.m lsuvj beykbzt ;wfu;u clause-3 of the constitution provides as under :;wfu;u ds mn~ns'; fueufyf[kr gksaxs %&1- caxky bathfu;lz xzqi ,.m lsuvj] :m+dh]gfj}kj esa qkez hkjus okys qkezdkjksa@dezpkfj;ksa dh iz'kkldh; ,oa lqijokbtjhlvkd es ugha vkrs ,oa ftu ij ;woiho xouzesuv dumdv :y ykxw ugha gksrs rfkkvks|ksfxd fookn vf/kfu;e] 1947 ds varxzr dezpkfj;ksa dh ifjhkk'kk esa vkrsgsa] dk laxbu gsaclause-4 provides the membership of the union known as ^^lsuk es jsthesuvy**- 5. counsel for the petitioner has stated that he has complied with the entire formalities .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)1UPLBEC39
rajesh tandon, j. 1. heard the learned counsel for the parties at length.2. the present writ petition has been filed for issue of a writ or direction in the nature of certiorari calling for the records and quashing the order dated 9.10.2003 passed by the respondent transferring the petitioner from district pauri garhwal to district rudraprayag.3. briefly stated the facts giving rise to the present writ petition are that the petitioner is posted as gaon panchayat adhikari, village maili, district pauri garhwal to district rudraprayag. the petitioner has been transferred twice in two months. the respondent authorities are mala fide exercising their power of transfer. the petitioner has further stated that the children of the petitioner arc studying in school and it is very difficult for the petitioner to shift the children at the transferred place in the mid-academic session.4. the transfer order shows that the petitioner has been transferred in the administrative exigency as well as in the public interest and three persons were transferred by the order dated 9.10.2003.5. so far as the transfer is concerned no interference can be made under article 226 of the constitution of india.6. it has been held by the apex court in the case shilpi bose and ors. v. state of bihar and ors., air 1991 sc 532, as under :'in our opinion, the courts should not interfere with a transfer order which arc made in public interest and for administrative reasons unless the transfer orders are made in .....
Tag this Judgment!Court : Uttaranchal
v.k. bist, j.1. present petition has been filed by the petitioner for the following reliefs:a) to issue a writ of certiorari to quash the orders dated 10.11.2005 (annexure-10), 28th december, 2006 (annexure -12) and 10th july, 2008 (annexure-14), passed by respondent nos. 3, 2 and 1 respectively, holding the same as illegal and ultra vires of the pension regulations for the army, 1961;b) to issue a writ, order or direction in the nature of mandamus commanding respondent no. 3 to treat the disability of the petitioner as attributable to the military service and grant him, with effect from 15.01.2005, the disability pension with the disability element at 100%, service element at 2/3rd of the full pension as relevant to petitioner's rank/grade, and 'constant attendance allowance' at the applicable rate and issue the pension payment order (ppo) accordingly, within a peremptory time period to be fixed by the hon'ble court in its own wisdom;c) to award interest at the rate of 18% per annum with effect from 15.01.2005 on the amounts that would become payable to the petitioner, in consequence of grant of the relief prayed for in the preceding prayer;d) to award the exemplary/adequate compensation to the petitioner as against the respondents for causing inexplicable and immeasurable physical, mental, financial and emotional injury and loss to him while seeking justice from the respondents for past three years;e) to award the cost of this petition; and to award any other relief which .....
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