Overall, these cases reflect judicial focus on procedural fairness, adherence to statutory rules, and the importance of documentary evidence in service-related matters involving individuals with the Thakur surname or tribal status.
Analysis and Conclusion:
References: - Partap Chand vs State of H.P. and others - Himachal Pradesh - Vinod Kumar Khadia VS State of H. P. - Himachal Pradesh - Bivash Chandra Thakur VS State of Jharkhand through the Secretary, Co-operative Department, Government of Jharkhand - Jharkhand - Engkam Lienthang S/o Mangpu Lienthang VS State of Assam - Gauhati - Harisankar Prasad Ram VS State of Odisha - Orissa - Kumar Gyanendra VS State Of Bihar - Patna - Raviprakash Babulalsing Parmar VS State of Maharashtra - Bombay - Raviprakash Babulalsing Parmar VS State of Maharashtra & others - Bombay - Anil Verma VS State of HP - Himachal Pradesh
The matter stands resolved by this order. ... Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. ... Justice Jyotsna Rewal Dua Whether approved for reporting? For the Petitioner: Ms. Anchal Sharma, Advocate vice Mr. Balwant Singh Thakur, Advocate. For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General.
Thakur, learned Additional Advocate General for the appellant. None appears for the respondent in spite of service. ... We are of the view that since the High Court has not approached the matter in right perspective, it will be in the interest of justice to set aside the High Court judgment and remand the matter to the High Court for fresh decision in accordance with law. We order accordingly. ... The doctrine is a dangerous one, specially in India, for if a whole body of the testimony were to be rejec....
, it was lawful for the departmental authority to proceed in the matter and take a final decision – Writ Petition dismissed. ... rules or in breach of the rules of natural justice - In a departmental proceeding in which the delinquent employee refused to co-operate ... Officer and was in-charge of Kuru LAMPS Project as Member Secretary was placed under suspension vide memo - he retired from the service ... The writ Court may also interfere in the matter where it is shown that the punishment order is so outrageous that no....
of justice would be met if earlier period of service rendered by petitioner is taken into consideration only for purpose of attaining ... - Judgment of Supreme Court in case of Uday Pratap Thakur (supra), Court in peculiar facts of present case is of opinion that ends ... qualifying service in terms with Rule 108 (b) of Assam Service (Pension) Rules, 1969 - Petitioner having minimum qualifying service ... Taking into account the judgment of the Supreme Court in the case of Uday Pratap ....
intentionally or with dishonest intent fabricated particulars of a scheduled tribe with a view to obtain an undeserved benefit in the matter ... SERVICE - Appointment on the basis of a caste certificate - Subsequently on finding, recommendations made by the State Level Scrutiny ... of appointment, entitled to protection against ouster from service, but no other benefit - Petitioner henceforth debarred from getting ... scheduled tribe with a view to obtain an undeserved benefit in the matter of appointment, she was entitl....
at this stage until the matter is considered by the competent authorities. ... to the Centre Suprintendent Centre Superintendent being satisfied with the report further reported the matter to the officer in ... deposited the fine of Rs. 2000/- in terms of Bihar Conduct of Examination Act 1981 then this court should not intervene in the matter ... The Vice-chancellor, Aligarh Muslim University, Aligarh and Ors. reported in AIR 1993 Allahabad 136, Master Puran Chandel V/s. Himachal Pradesh Board of School Education reporte....
and function of caste scrutiny committee being quasi-judicial, it should comply with law of evidence and principles of natural justice ... It has, however, to comply with the principles of Law of Evidence and the natural justice in the matter of hearing and decision. The enquiry must accord greater emphasis and credence to the documentary evidence rather than oral evidence. ... As far as the present case is concerned, we are satisfied that there is preponderance of material in favour of the petitioner that he belongs to the Thak....
Article 342, and Schedule II, Part IX, Entry 44, Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 - the Tribe "Thakur ... It has, however, to comply with the principles of Law of Evidence and the natural justice in the matter of hearing and decision. The enquiry must accord greater emphasis and credence to the documentary evidence rather than oral evidence. ... No. 5 is "Thakur". He had also produced the extract of the entries recorded in the service-book of his father Babulasing Parma....
Fact of the Case: The dispute arose from a notification issued by the respondent State, which took over the services ... 3.10.2015] - The court considered the legality of the notification dated 3.10.2015 issued by the respondent State, which took over the services ... Varun Chandel, learned Additional AG waives service of notice on behalf of respondents 1 to 3. Notice on behalf of respondent No.4 is also waived by Mr. Narender Singh Thakur, appearing vice Mr.D.K.Khanna, learned Standing counsel. ... ... In the facts a....
It directed the State to ensure proper consideration by the Search Committee and submission of complete service dossiers to the Chief ... the writ petition with directions for the State to ensure proper consideration by the Search Committee and submission of complete service ... Justice for future appointments falling within the purview of Section 25A of the Code of Criminal Procedure. ... The court noticed that the then Chief Justice had disapproved the action on the part of the State Government in granting one year’s e....
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