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The State of Jharkhand and ors. Vs. Padmalochan Kalindi and anr.

Court : Jharkhand

Reported in : 2008(56)BLJR279; [2008(1)JCR5(Jhr)]

..... . the said order of the learned single jude has been passed after taking into consideration the relevant provisions and the same is in consonance with the other decisions of the apex court as well as of this court, as noticed above ..... . similarly, in cases of judicial proceedings, there is a clear bar for instituting the same, if not instituted while the government servant was on duty for an event which took place not more than four years before the institution of such proceedings and except the sanction of the state government is ..... during his service period, as jansewak in the same block, he was given annual increments by the department vide memo no. ..... . 1 had agreed to pay the said amount and same amount has already been adjusted ..... any proceeding under rule 43(b) of the said rules while the petitioner was in service and even after 16 years of his retirement and even the proceeding under rule 43(b) of the said rules is barred by limitation and the same cannot be initiated now ..... the amounts given for various schemes to the petitioner during his service period are also outstanding against him and the same are also recoverable.14. ..... any proceeding under rule 43(b) cannot be initiated after 17 years of retirement of an employee as the same is barred by limitation. ..... .(iii) the petitioner was given advance for execution of different schemes, but after completion of the schemes, he did not account for the same .....

Rajmahal Pahad Bachao Andolan Through President and ors. Vs. Union of ...

Court : Jharkhand

Reported in : [2005(4)JCR331(Jhr)]

..... . 3 had been objected to by the writ petitioners, but that the same were only at the stage of proposal and a final decision would have to be taken in the matter after ensuring that the rights of the tribals who were the occupants of the nine villages were duly protected ..... writ petition and the different objections taken at the time of hearing, we are only required to see whether the central government and the state government were competent to acquire the lands for allotting the same for the purposes of captive mining to the respondent no ..... that a good deal of time and money had been spent on the project, which had received clearance from all the concerned authorities engaged in ensuring that the environment was duly protected, while, at the same time, there was scope for sustainable development. mr ..... had been explained by the hon'ble supreme court in narmada bachao andolan, 2000 (9) scc 664, and the balco employees' union case while observing that once a considered decision is taken to execute a project, the same should be undertaken expeditiously. mr ..... . at the same time, the matter was also considered by the jharkhand pollution control board and in view of the recent decision of the hon'ble supreme court in the balco's case, as also the decision in the case of ..... 3 company together with 400 hectares of land which had been earmarked for afforestation purposes near the same vicinity ..... the same was considered and was allowed by order dated 1st july, 2005 for proper adjudication of the matter .....

Sachidanand Thakur Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(1)JCR250(Jhr)]

..... impugned order dated 23.7.07 giving liberty to the petitioner to submit objection against the said provisional seniority list dated 20.4.07 before the secretary, road construction department, government of jharkhand, ranchi who was directed to consider the same along with the other objection(s), if any, as early as possible and preferably within two months from the date of receipt of such representation. ..... according to the state-respondents, the seniority list dated 20.4.07 is a provisional seniority list and the same is to be finalized after considering the objections filed by the concerned persons. ..... it is well within the power of the department to consider the objections invited against the seniority list dated 20.4.07 and to decide the same. .....

Nishi Kant Jha Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2002(50)BLJR176

..... to overcome this malady, therefore, this provision was introduced in the high court rules so that both the bench and the bar faced no difficulty in understanding the issues involved in the appeal, in appreciating the same and in adjudicating the rival contentions of the parties.5. .....

Brahmi Impex Limited Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : 2009(57)BLJR2735

..... rather, it specifies the informations offered by the petitioner on each of the queries, pertaining to the respective columns.in the second comparative chart, while maintaining the same information in respect of the various columns, concerning the petitioner, it has been stated that the petitioner's case was not recommended as per the provisions of section 11(3) a, b, ..... with reference to the areas other than the 500 acres, the petitioner is at liberty to pursue the same with the concerned authorities of the respondent state by filing fresh applications, which, the respondent-state government may consider in its discretion appropriately ..... on 05.06.2008, have taken place much before the filing of the writ application and yet, in spite of being informed of the facts, the petitioner did not place the same on record and therefore, cannot be permitted to take advantage of its wrongs. ..... 8 has more or less adopted the same arguments as advanced by the learned advocate general ..... it was on the basis of the same particulars of information which the petitioner had supplied, that the petitioner's case appears to have been considered and a ..... in february, 2008, a subsequent comparative statement, appears to have been forwarded by state government supporting the same recommendation in favour of the respondent no. ..... of the principles of natural justice that the decision maker should assign reasons for the decision taken by them on the petitioner's application and should convey the same to the petitioner. .....

Shankar Nath @ Shankar Labh Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2008(56)BLJR2939; [2008(3)JCR520(Jhr)]

..... since the date of his appointment, the petitioner continued to render his services and after bifurcation of erstwhile state of bihar, he was given jharkhand cadre on the same post in the ranchi district police force.after having served for more than five years, he was served with a show cause notice on 12.6.2002 issued by the senior ..... impugned order of termination of the petitioner's service, has acted merely on the basis of information received from the state of bihar through his superior in office and has accepted the same mechanically to conclude that the appointment of the petitioner was illegal and contrary to the legal procedures and provisions. ..... bihar had made rules prescribing the procedure for appointment of constables in the police force, but at the same time it had relaxed the rules in order to grant appointments on special/compassionate grounds to deserving persons and a similar concession in the rules has been granted even by the state of jharkhand in the matter of appointment ..... though the petitioner filed his show cause replies subsequently, reiterating the same grounds as he had taken earlier, the same was rejected on the ground that his appointment in the post of constable was irregular and illegal and not in accordance with the mandatory rules as contained ..... in service after the orders of their termination were quashed by the patna high court as well as by the jharkhand high court and on the ground of equity, the petitioner also deserves the same benefit. .....

Jitendra Bahadur Vs. the State of Jharkhand and ors.

Court : Jharkhand

..... the examination of the papers in the subject of physics, nonetheless, if the respondents are assigning these duties, looking to the long experience of the present petitioner for examination of the papers in the subject of physics, he will accept the same and will discharge his duties sincerely, honestly and to the satisfaction of the state.8 .....

Jharkhand State Housing Board Vs. the State of Jharkhand Through Its C ...

Court : Jharkhand

..... the petitioner jharkhand state housing board while claiming the ownership over the disputed lands on the ground that after the land was acquired by the bihar state housing board, the same was transferred in favour of the jharkhand state housing board after the creation of state of jharkhand, have prayed for a direction to the respondent state authorities to give due protection to the petitioner housing board against the .....

Ashok Kumar Jha Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2008(56)BLJR1493; [2008(2)JCR62(Jhr)]

..... the arbitrary and mala fide action of the respondents-authorities is apparent from the facts that even after the transfer order was given effect to, the same was cancelled by subsequent notification. .....

Prasanna Narayan Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(2)JCR12(Jhr)]

..... contended that the departmental proceeding once initiated and deferred after submission of the written explanation accepting the same, another proceeding on the same allegations/charges and that too after several years, is not permissible in law. ..... the impugned proceeding also amounts to initiation of a fresh proceeding on the same memo of charge issued to the petitioner in the year 1996 against which the petitioner had submitted his written explanation and thereafter there was no further proceeding ..... other hand, submitted that though it is true that a memo was served on the petitioner for the same allegation in the year 1996 by the then government of bihar, the same was not the memo of charge and the same does not amount to initiation of proceeding. ..... of central excise, shillong reported in : (1971)illj427sc held that the fresh initiation of enquiry on the same set of charges is wholly arbitrary, illegal and unjust.16. ..... the petitioner surprisingly found that the same allegations and charges, which were served in 1996 and against which she had submitted her reply and thereafter the department had not preferred to proceed against the petitioner, has been ..... the initiation of fresh proceeding on the same charges, by the impugned order, is vexatious, unjust ..... behalf of the petitioner, submitted that by the impugned memo of charge the petitioner has been sought to be departmentally proceeded for the second time without any fresh material on record and the same is wholly illegal and arbitrary. .....