Court : Jharkhand
Decided on : Mar-28-2016
..... the service condition under which, they function under the petitioner bank. reliance has also been placed upon section 36ad of part iib of the banking regulation act, 1949 which reads as under: part iib prohibition of certain activities in relation to banking companies36d. punishments for certain activities in relation to banking companies._ ..... banking company, any demonstration which is violent or which prevents, or is calculated to prevent, the transaction of normal business by the banking company, or c) act in any manner calculated to undermine the confidence of the depositors in the banking company. (2) whoever contravenes any provision of sub-section (1) without ..... themselves or by their men, representatives, associates, aids, agents, assigns, nominees, supporters and members are restrained by an order of stay: (i) committing any acts that would obstruct the normal functioning at the office and other establishments of the petitioner-bank or in any of its branches and / or office 4. in .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-29-2016
..... government but the competent authority, who can remove the petitioners from services derives his power under regulations and those regulations ultimately derive from authority or the act of the parliament and, therefore, it was contended that the regulations are framed with the approval of the central government. it is true that the ..... another wherein cognizance of offence taken against the petitioner of that case, who was never nominated as an agent or deemed agent under coal mines regulation act, 1957, was quashed.9. per contra, learned additional solicitor general appearing on behalf of the director of mines safety, dhanbad submitted that there are ..... contravention of systematic support rules framed and enforced under the provision of regulation 108 of central mines rules, 1957 read with section 18(4) of the mines act, the accused persons namely mahendra kumar gupta, nageshwar sharma, binoy kumar mishra and madhusudan banerjee failed to support the place of occurrence as per the said .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-29-2016
..... government but the competent authority, who can remove the petitioners from services derives his power under regulations and those regulations ultimately derive from authority or the act of the parliament and, therefore, it was contended that the regulations are framed with the approval of the central government. it is true that the ..... another wherein cognizance of offence taken against the petitioner of that case, who was never nominated as an agent or deemed agent under coal mines regulation act, 1957, was quashed.9. per contra, learned additional solicitor general appearing on behalf of the director of mines safety, dhanbad submitted that there are ..... contravention of systematic support rules framed and enforced under the provision of regulation 108 of central mines rules, 1957 read with section 18(4) of the mines act, the accused persons namely mahendra kumar gupta, nageshwar sharma, binoy kumar mishra and madhusudan banerjee failed to support the place of occurrence as per the said .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-29-2016
..... government but the competent authority, who can remove the petitioners from services derives his power under regulations and those regulations ultimately derive from authority or the act of the parliament and, therefore, it was contended that the regulations are framed with the approval of the central government. it is true that the ..... another wherein cognizance of offence taken against the petitioner of that case, who was never nominated as an agent or deemed agent under coal mines regulation act, 1957, was quashed.9. per contra, learned additional solicitor general appearing on behalf of the director of mines safety, dhanbad submitted that there are ..... contravention of systematic support rules framed and enforced under the provision of regulation 108 of central mines rules, 1957 read with section 18(4) of the mines act, the accused persons namely mahendra kumar gupta, nageshwar sharma, binoy kumar mishra and madhusudan banerjee failed to support the place of occurrence as per the said .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-29-2016
..... government but the competent authority, who can remove the petitioners from services derives his power under regulations and those regulations ultimately derive from authority or the act of the parliament and, therefore, it was contended that the regulations are framed with the approval of the central government. it is true that the ..... another wherein cognizance of offence taken against the petitioner of that case, who was never nominated as an agent or deemed agent under coal mines regulation act, 1957, was quashed.9. per contra, learned additional solicitor general appearing on behalf of the director of mines safety, dhanbad submitted that there are ..... contravention of systematic support rules framed and enforced under the provision of regulation 108 of central mines rules, 1957 read with section 18(4) of the mines act, the accused persons namely mahendra kumar gupta, nageshwar sharma, binoy kumar mishra and madhusudan banerjee failed to support the place of occurrence as per the said .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-28-2016
..... 4th april, 2016 the impugned order dated 01.04.2016 rejecting the application for renewal after coming into force of mines and minerals (development and regulation) amendment act, 2015 appears to be wholly out of place as has also been fairly submitted by learned a.a.g in the case of m/s. shah brothers ..... august, 2009 vide annexure 10/1. petitioner has also obtained the certification of competent authority under schedule tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 on 15th february, 2012 and 20th january, 2014 vide annexures 11 and 11/1. jharkhand state pollution control board had also granted consent to operate on ..... petitioner for renewal of lease, is bad in law on the following grounds: (i) section 4(a)(1) of mines and minerals (development and regulation) amendment act, 1957 confers power on the central government which may request the state government to make premature termination of such mining lease. there is no such request or direction .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-22-2016
..... uttar pradesh and ors. vs. saroj kumar sinha reported in (2010) 2 scc772 in para 28, the hon ble apex court has been pleased to hold:28. an inquiry officer acting in a quasi-judicial authority is in the position of an independent adjudicator. he is not supposed to be a representative of the department/disciplinary authority/government. his function is ..... brought on record pointing out the guilt are required to be proved. a decision must be arrived at on some evidence, which is legally admissible. the provisions of the evidence act may not be applicable in a departmental proceeding but the principles of natural justice are. as the report of the enquiry officer was based o merely ipse dixit as also .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-28-2016
..... of the lease as for instance, the postulated clearances/approvals/ consent in terms of sub-section (5) or (6) of section 8a of the amendement act, 2015. as is apparent from pleadings in the present case and undisputed by the parties, the lessee has not obtained the statutory clearances like environmental and forest ..... maintainability of the writ petition in 7 the presence of alternative statutory remedy of revision before the central government mines tribunal under section 30 of the mmdr act, 1957. it is submitted that the issue raised herein involves questions of fact relating to the alleged violations which can properly be scrutinized by the revisional ..... chaibasa and is awaiting approval. petitioner has also obtained certificate of the competent authority under the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 on 29.6.2011, which is at page 238 to the writ petition. learned counsel for the petitioner has made efforts to show that the .....
Tag this Judgment!Court : Jharkhand
Decided on : Jul-14-2016
..... the said paragraph 4 13 is quoted hereunder. 13. despite the well-settled position, it is painfully disturbing to note that the high court has acted as an appellate authority in the disciplinary proceedings, reappreciating even the evidence before the enquiry officer. the finding on charge i was accepted by the disciplinary ..... evidences is grossly arbitrary and actuated by mala fide exercise of power. learned counsel for the petitioner further submits that the disciplinary authority has mechanically acted on the enquiry report without scrutinizing the culpability of the petitioner in the commission of the alleged offence. learned counsel for the petitioner has also drawn ..... different account holders in contemplation of initiation of disciplinary action. the petitioner was served with memorandum of chargesheet containing five charges for gross misconduct of doing act prejudicial to the interest of the bank within the meaning of clause 5 (j) of the bipartite settlement, dated 10.04.2002, as is .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-07-2016
..... yellow book .12. in the instant case, cognizance of offence has been taken under sections 120-b and 409 of i.p.c. besides the provisions of prevention of corruption act. for better appreciation, a reference of section 409 of i.p.c. is necessary, which is as follows: 409. criminal breach of trust by public servant, or by banker, ..... under sections 120-b read with section 420 and 409 of i.p.c. and also under sections 13 (2) read with section 13(1)(d) of prevention of corruption act against several accused persons including the petitioner, who was posted as general manager in kustore area, bccl, dhanbad with the allegation that information has been received from reliable source that ..... taking cognizance of offence under sections 120-b and 409 of i.p.c. as also under sections 13 (2) read with section 13(1)(d) of prevention of corruption act in connection with r.c. case no. 11(a) of 2011-d.2. bereft of unnecessary details, the facts, which is relevant for the proper adjudication of the issue .....
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