Uttaranchal Court February 2010 Judgments
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Smt. Baljeet Kaur and ors. Vs. State of Uttarakhand and ors.
Court: Uttaranchal
Decided on: Feb-16-2010
J.S. Khehar, C.J. and Sudhanshu Dhulia, J.1. In obedience to the order passed by us on the last date of hearing, Mr. Faheem Khan, Executive Officer, Nagar Palika Parishad, Ram Nagar is present in Court in person. Likewise Sri D.C. Tamta, Executive Engineer, Kosi Nirman Khand-II, Ram Nagar belonging to Irrigation Department is also present in Court in person. Respondent Nos. 4 and 5 have informed us that solid waste as well as sewer flows into the Kosi canal and has been polluting the same. During our interaction with them the following issues emerged:-1. The project to lay down sewer in the city of Ram Nagar is under implementation. Sewer pipes have been laid in almost half of the city. However, the sewer pipes laid are still unused and not in operation. The project to lay sewer lines in the remaining part of the city was commenced in the year, 2005, but has since not taken off. Resultantly the expenditure already incurred for transfer of sewer waste from the residential area for treat...
The State Vs. Jan Ali and ors.
Court: Uttaranchal
Decided on: Feb-16-2010
Dharam Veer, J.1. This appeal, preferred by the State under Section 378 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 22.2.1995 passed by IInd Additional Sessions Judge, Haridwar in S.T. No. 237/1992 State v. Jan Ali and Ors. whereby the learned IInd Addl. Sessions Judge acquitted the respondents-Jan Ali, Isruddin and Smt. Jamila for the charge levelled against them under Sections 498A, 304B and 323 read with Section 34 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and one under Section 3/4 of Dowry Prohibition Act, 1961 (hereinafter to be referred as the Act).2. There is a report of the Chief Judicial Magistrate, Haridwar dated 29.4.2004 in which it has been stated that the respondent Isruddin has been died. Hence, the appeal against respondent Isruddin stands abated.3. Heard learned Counsel for the parties and perused the entire material available on record.4. In brief, the pr...
Dr. B.K. Awasthi (Retired Medical Officer) Vs. State of Uttarakhand an ...
Court: Uttaranchal
Decided on: Feb-16-2010
J.S. Khehar, C.J. and Sudhanshu Dhulia, J.1. The petitioner Dr. B.K. Awasthi was appointed as a Medical Officer on an ad-hoc basis in 1992. He submitted his joining report on 31.3.1992. So as to claim regularisation in service, he approached this Court by filing Writ Petition (SB) No. 8 of 2004. The aforesaid writ petition was disposed of by a learned Single Judge of this Court vide an order dated 16.2.2004. By the aforesaid order, a direction was issued to the respondents to consider the claim of the petitioner for regularisation. It is not a matter of dispute that the petitioner has since been regularised in service w.e.f. 16.3.2005. The aforesaid regularisation of the petitioner is apparent from the approval accorded by the State of Uttar Pradesh to the regularisation of the petitioner in its communication dated 25.9.2009.2. Through the instant writ petition, the petitioner claims retiral benefits. In the first instance, the claim of the petitioner was opposed on account of the fact...
State of Uttarakhand and anr. Vs. Village Panchayat Adhikari Associati ...
Court: Uttaranchal
Decided on: Feb-15-2010
1. It is not a matter of dispute that government employees are entitled to draw salary a higher pay-scale in case a promotional avenue does not become available to them for a substantial length of time. Insofar as the instant issue is concerned, the instructions issued by the State Government authorise an employee who has rendered 14 years of satisfactory service, to the first promotional pay-scale, if he has not during the said period been promoted to a higher post. Likewise on completion of 24 years of satisfactory service on the same post, an employee is entitled to the second promotional pay-scale.2. The respondents herein were substantively holding the post of 'Village Panchayat Adhikari'. The first promotional post available to a 'Village Panchayat Adhikari' is admittedly the post of Assistant Development Officer, whereas, the second promotional post is that of District Panchayat Raj Officer. Accordingly, if a 'Village Panchayat Adhikari' who has rendered 14 years of satisfactory...
Regional Manager, Uttarakhand Transport Corporation and anr. Vs. Vinod ...
Court: Uttaranchal
Decided on: Feb-15-2010
J.S. Khehar, C.J.1. Since Respondent No. 1 had not been appointed on compassionate grounds under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (herein after referred to as Rules of 1974), he approached this Court by filing Writ Petition (S/S) No. 4325 of 2001. The aforesaid writ petition was allowed by a learned Single Judge of this Court on 30.04.2008. The order passed by this Court, allowing Writ Petition (S/S) No. 4325 of 2001, has been assailed through the instant Special Appeal.2. The solitary contention advanced by the learned Counsel for the appellants during the course of hearing of the instant appeal was, that the appointment of respondent No. 1 on compassionate grounds, under the Rules of 1974, could not have been granted by this Court, in view of the delay at his hands in making a request for appointment on compassionate grounds.3. In order to deal with the contention advanced by the learned Counsel for the appellants, it is ...
Birbal and ors. Vs. State of Uttarakhand and ors.
Court: Uttaranchal
Decided on: Feb-15-2010
Sudhanshu Dhulia, J.1. The respondents sanctioned the Tarikhet - Pipli - Majoorkhan motor road measuring 13 kilometers. The aforesaid motor road does not connect the three villages Sajgori, Pandhar and Chaukiya. Through the present writ petition filed in public interest, the petitioners claim connectivity of their villages Sajgori, Pandhar and Chaukiya with the aforestated motor road. It is the vehement contention of the learned Counsel for the petitioners that in case the proposed alignment suggested by the petitioners is accepted far less trees will have to be cut as would be necessary if the present sanctioned road is built.2. Based on the aforesaid assertion at the hands of the petitioners notice was issued to the respondents, in response to which a joint counter affidavit was filed on behalf of respondent Nos. 2 to 4. The proposal made by the petitioners is sought to be repudiated by asserting, firstly, that the villages with which the proposed alignment is sought are located at a...
Sumer Singh Vs. State of U.P. (Now Uttarakhand)
Court: Uttaranchal
Decided on: Feb-15-2010
B.C. Kandpal, J.1. This appeal has been preferred by the accused/appellant - Sumer Singh against the Judgment and order dated 03.05.1997 passed by learned Sessions Judge, Tehri Garhwal in Sessions Trial No. 17 of 1994, State v. Sumer Singh thereby convicting the appellant under Section 302 of I.P.C. and sentencing him for life imprisonment.2. Brief facts of the prosecution case are that Shri Dharam Singh, Village Pradhan of Gramsabha Myura, has given the written report, Ext. Ka 1 at P.S. Tehri on 21.01.1994, with an allegation that Smt. Sauna Devi W/o Sumer Singh hanged herself on a tree and she has died. It was also informed that the cause of strangulation is not known, hence, necessary action be taken in the matter. Entry of this report was made in the G.D. (Ext. Ka 6) by Sri Bhagwan Singh Bist, clerk-constable (P.W.9) at Police Station Tehri. Sri Ganda Singh Verma - Sub-Inspector (P.W.10) along with other police force was deputed for conducting the inquest and other formalities rela...
Bhagat Ram, Vs. the State
Court: Uttaranchal
Decided on: Feb-15-2010
Dharam Veer, J.1. This criminal appeal, preferred under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 05.06.1995 passed by the Sessions Judge, Pithoragarh in Sessions Trial No. 45 of 1993 State v. Bhagat Ram and Ors., whereby the learned Sessions Judge has convicted the appellants/accused Bhagat Ram, Udai Ram and Joga Ram Under Section 304 (Part II) r/w Section 34 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced each of them to four years' rigorous imprisonment with fine of Rs. 2,000/- each and in default, to undergo further R.I. for a period of six months each. The appellants-accused were further been convicted Under Section 323 r/w Section 34 IPC and each of them was sentenced to six months' R.I. with fine of Rs. 500/- each and in default to undergo further R.I. for one month each. All the sentences were directed to run concurrently.2. In view of the d...
Bhola Nath and anr. Vs. State
Court: Uttaranchal
Decided on: Feb-11-2010
Dharam Veer, J.1. This appeal, preferred by the appellants Under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC), is directed against the judgment and order dated 15.5.1998 passed by the 1st Additional Sessions Judge, Haridwar in Sessions Trial No. 404 of 1996, State of U.P. v. Bhola Nath and Anr. whereby learned Additional Sessions Judge has convicted the accused appellants Bhola Nath and Meera under Section 363, 368, 372/511 of Indian Penal Code, 1860 (for short, IPC) and sentenced each of them to undergo R.I. for two and half years along with a fine of Rs. 1000/- each under Section 372/511 IPC and in default, to undergo three months' additional R.I. and in that situation, both the sentences shall run separately. Each of the appellants accused have been also sentenced to undergo R.I. for two years along with fine of Rs. 500/- each under Section 363 & 368 IPC and in default, to undergo two months' additional R.I. and in that situation, both the...
Prof. Ajay Singh Rawat Vs. Union of India (Uoi) and ors.
Court: Uttaranchal
Decided on: Feb-11-2010
J.S. Khehar, C.J. and Sudhanshu Dhulia, J.1. The grievance raised in the instant petition pertains to unauthorised and illegal mining in the river bed of river 'Gaula'. The allegations contained in the present writ petition were made as against persons who had been granted mining contracts by the State Government. All the aforesaid mining contracts have since expired. This is apparent from the factual position depicted in the affidavit of Sri S. Raju, Commissioner, Kumaon Division, Nainital dated 10.09.2008. Paragraph 8 of the aforesaid affidavit is being extracted hereunder:That in reply to the contents of para 11 of the P.I.L. Writ Petition it is submitted that a joint survey is conducted by the officers of the Revenue Department, Mining Department and Forest Department. The joint survey report is forwarded to the State Government and after the approval granted by the State Government the mining is done by the person in whose favour the said permission is granted. It is submitted tha...
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