Court : Punjab and Haryana
..... that assistant collector ist grade-cum-tehsildar nakodar without effecting cwp no.15911 of 2011 -2- the service upon the petitioner accepted the mode of partition on 19.8.2010 and passed the final order of partition on 8.9.2010 which came to his knowledge on 18.3.2011 when the respondents tried to interfere in his possession which led to the filing of the appeal at the instance of the petitioner before the sub divisional magistrate-cum-collector, nakodar on 22.3.2011. ..... i have heard learned counsel for the parties and after perusal of the record, i am of the considered opinion that both the orders passed by the revenue courts are liable to be set aside because the findings have been recorded by the collector that the ac ist grade-cum-tehsildar, nakodar has not signed various zimini orders and the petitioner was not correctly summoned because service through his brother on his alleged assurance is no service in the eyes of law and there is no order on ..... the brief facts are that respondent nos.3 and 4 filed an application under section 111 of the punjab land revenue act, 1887 [for short the act ].before the assistant collector ist grade, nakodar for partitioning of their land measuring 71 kanals 13 marlas situated at village kangna, tehsil nakodar ..... to mention that salutary principle of natural justice of the opportunity of hearing which can be granted only by way of effecting service of the proceedings which are to be carried out effecting the civil rights of the persons concerned. .....
Tag this Judgment!Court : Punjab and Haryana
..... justice (oral) in the instant writ petition, which is in the nature of pil, the petitioner has challenged the vires of provisions of section 4 of the punjab municipal corporation act, 1976 (as applicable to chandigarh).whereby voting rights have been conferred to the nominated councillors . ..... submission that the petitioner cwp no.24582 of 2011 -2- has not disclosed his identity and activities in the petition, in the absence of which it cannot be ascertained whether the petitioner is actually in public service or not?.it is also not highlighted that the petitioner, as per his own showing, is a resident of sr.ganga nagar (rajasthan) and has not disclosed as to how he has chosen to file the present public interest litigation, which pertains to the chandigarh administration ..... , prima facie, it appears that the contentions of mr.kaushal, on the credibility and bona fides of the petitions in raising the issues in pil, for want of particulars in this behalf and also the fact that the petitioner is a resident of rajasthan ..... without going into this aspect conclusively, we dismiss the writ petition solely on the ground that the issue raised in this petition, is pending consideration in the aforesaid civil writ petition no.19163 of 1998 and can be adequately taken care ..... at the same time, we cwp no.24582 of 2011 -3- direct that the civil writ petition bearing cwp no.19163 of 1998 be listed for hearing ..... **** cwp no.24582 of 2011 (o&m) date of decision: december 10, 2012 *** davinder singh versus .....
Tag this Judgment!Court : Punjab and Haryana
..... no.9560 of 2012 the petitioner asserts that he suffers from a disability element in excess of 40% and would be covered under the definition of disability as defined in section 2 (i) of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (herein after referred to as the 1995 act).the state of punjab had issued circulars dated 16.2.1996 and 17.1.2001 in terms of which a benefit of two years of service was extended to such employees, who suffered from the disability of blindness. ..... 17673 of 2012 learned counsel for the applicant-petitioner submits that the controvers.raised in the main writ petition would be covered in terms of judgement dated 25.5.2011 passed by this court in cwp no.7233 of 2010 titled as bhupender singh versus state of punjab & others and such judgement having been affirmed by a division bench of this court in l.p.a.no.1719 of 2011. ..... learned counsel for the parties are ad idem that the controvers.raised in the present writ petition would be covered in terms of judgement dated 25.5.2011 passed in cwp no.7233 of 2010 titled as bhupinder singh versus state of punjab & others.on the statement made by learned counsel for the parties the present writ petition is allowed in terms of judgement passed in c.w.p.no.7233 of ..... the state of punjab preferred l.p.a no.1719 of 2012 against the judgement dated 25.5.2011 passed in cwp no.7233 of 2010 and the aforementioned l.p.a has been dismissed in terms of judgement dated .....
Tag this Judgment!Court : Punjab and Haryana
..... letters patent appeal preferred by the state of punjab against the order of the learned single judge i.e.lpa no.1719 of 2011 titled as state of punjab and others versus bhupinder singh stands dismissed on 25.09.2012 (annexure p-6).it is contended that the claim of the petitioner is covered by the judgment passed by this court. ..... in the light of the statement made by the counsel for the petitioner, the present petition is disposed of with liberty to the petitioner to file a detailed representation to the director, public instructions (senior education) punjab within a period of four weeks. ..... counsel for the petitioner contends that the petitioner would submit a fresh representation to the director, public instructions (senior education) punjab, which shall be submitted within a period of four weeks from today, which may be directed to be decided at an early date as the petitioner is retiring on 31.03.2013. ..... granted to all employees who would fall within the definition of 'disabled persons' as provided under the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. ..... petitioner has submitted a representation for extension in service but no decision thereon has been taken. .....
Tag this Judgment!Court : Punjab and Haryana
..... it was held that the revision petition filed by the petitioner was not maintainable because the order challenged in the revision petition was passed under the service rules of the markfed not by the government official under the punjab cooperative societies act, 1961. ..... since there was a direction contained in the order of the learned single judge that the matter would be carried to the state government, a revision was filed before the financial commissioner, cooperation, punjab, chandigarh, who vide his order dated 24.5.2012, found that the order dated 31.3.2010 passed by the registrar, cooperative societies, punjab, chandigarh was not challenged. ..... no ground is found to interfere with the orders of the financial commissioner, cooperation, punjab, chandigarh since the entire matter is being directed to re-start at the stage of the registrar, cooperative societies, punjab, chandigarh. ..... the full bench decision was rendered on 14.7.2011 after the decision of the registrar, cooperative societies, punjab, chandigarh (p-11).this view has been followed by the learned single judge kumar paritosh 2013.08.22 10:20 i agree to specified portions of this document cwp no.18042 o 2. ..... commissioner (appeals).jalandhar division and others.2011 (3) plr 545.which holds that a revision is maintainable. .....
Tag this Judgment!Court : Punjab and Haryana
..... that while passing the order of dismissal it was felt that involvement of the petitioner is above said criminal activity is 'an act of gravest misconduct' as defined in the explanation to rule 16.2(1) of the punjab police rules. ..... it was felt that it was not practicable to hold a regular departmental enquiry against the petitioner and the order of dismissal was passed in exercise of the powers conferred upon by virtue of article 311(2)(b) of constitution of india read with rule 16.2(1) of the punjab police rules (as applicable to the state of haryana). ..... reliance has also been placed upon the judgment of this court in gurmit singh versus state of punjab and others.2011(1) sct 41.where it has been held that while exercising powers under article 311(2)(b) of the constitution of india merely saying that the witnesses-co-accused would not give evidence against the delinquent in the departmental enquiry, is not sufficient. ..... (oral) petitioner has approached this court impugning the order dated 25.8.2011 (annexure p-1) vide which the petitioner has been dismissed from service without holding enquiry by invoking powers under article 311 (2)(b) of the constitution of india. ..... an extreme caution is required to be taken care while depriving a person of this valuable right. .....
Tag this Judgment!Court : Punjab and Haryana
..... of 60 years.petitioner, on the basis of the said judgment, has submitted a representation dated 03.02.2012 (annexure ..... in service till the age of 60 years.although the instructions restricted to the visual impaired (blind) employees but in cwp no.7233 of 2010 titled as bhupinder singh versus state of punjab and others.decided on 25.05.2011 (annexure p-6).the benefit has been extended to all employees who would be covered under the definition of 'disabled' as provided under the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (hereinafter referred to as '1995 act').since the petitioner fulfills the mandate of the 1995 act, he is entitled to extension in service till the age .....
Tag this Judgment!Court : Punjab and Haryana
..... a charge sheet dated 25.01.1996 was issued by the general manager, punjab roadways chandigarh under the provisions of the punjab civil services (punishment and appeal) rules, 1970 raising a following charge against the petitioner: your duty was on bus no.6865 as driver on 24.11.1989. ..... the petitioner who is a retired driver from the department of transport, state of punjab seeks the quashing of orders dated 04.03.2008 and 21.02.2011 (annexures p-4 & p-5) in terms of which an amount of rs.61,667/- has been directed to be recovered out of his gratuity towards his proportionate liability for payment of compensation to the family members of the deceased who died in a motor accident involving a bus of the punjab roadways which was admittedly being driven by the petitioner. ..... heavy reliance has been placed upon a judgment passed by a coordinate bench of this court in kulwant singh driver versus municipal corporation amritsar & another, 2011 (3) rcr (civil) 552 in which it had been held that the employee cannot been taken to task for each act of negligence unless the employer comes to a conclusion that the act of negligence which caused accident constituted a misconduct. .....
Tag this Judgment!Court : Punjab and Haryana
..... gupta shivani on account of the dispute being referred to the labour court, 2014.02.10 14:14 i attest to the accuracy and integrity of this document high court chandigarh cwp no.19681 of 2011 2 the state took the plea that the applicant was a part time employee on the post of sweeper and engaged purely on temporary or on ad hoc basis and his services had been dispensed with on getting a regular employee from the government and, therefore, the termination was not illegal. ..... cwp no.19681 of 2011 1 in the high court of punjab and haryana at chandigarh cwp no.19681 of 2011 reserved on:10. ..... the appointment of joginder kumar thereafter in the said office was not on account of retrenchment from the same establishment and he never had any right for re-employment as provided under section 25-h of the act. ..... punjab state warehousing corporation, 2010 (3) scc192that the award of the labour court should not be interfered till some patent error is there on the face of the record. ..... state of punjab (1976) 2 scc868p.g.i. ..... state of punjab (1991) 1 scc189and pramod jha v. ..... state of punjab (1991) 1 scc189and pramod jha v. ..... state of punjab, 2001 (1) sct96 malwinder singh mali vs. .....
Tag this Judgment!Court : Punjab and Haryana
..... on the request of the petitioner, the agriculture minister vide note dated 19.10.2011 approved the posting of the petitioner to the post of district mandi officer on deputation and absorbing him in mandi board by relaxing punjab state agricultural marketing board (class i) service rules, 1988 (for short, 'the rules'). ..... in the light of the aforesaid factual matrix and the rules applicable for the post of district mandi officer, what is required to be considered in the present case is as to whether the petitioner has any right to be appointed and absorbed as district mandi officer in terms of the order passed on 16.12.2011, endorsed on 21.12.2011, and again an order passed by the agriculture minister in the file on 22.12.2011, which has undisputedly not been communicated to the petitioner. ..... however, the fact remains that firstly the order was officially not issued for the reason that the file remained pending on the issue that code of conduct had been imposed on account of ensuing elections and further in terms of the settled position of law, an order passed in file does not confer any right on a person unless the same is communicated to him. ..... the same have not been sought by him by following proper procedure, namely, filing any application under the right to information act, 2005. .....
Tag this Judgment!