Guwahati Court July 2000 Judgments

Yumnam Dimbajit Singh Vs. D.S. Poonia and anr.

Court: Guwahati

H.K. Sema, J. 1. Crude facts leading to the filing of the present Criminal Contempt petition may be briefly recited. Respondent/contemner No. 2 herein was employed in MANITRON (Manipur Electronics Development Corporation Ltd). He was brought on deputation as Assistant Chief Electoral Officer for a period of 1 (one) year by an order dated 7.11.1997. After the expiry of the period of one year, the deputation was sought to be extended for another period of one year with effect from 12th November, 1998. This order extending the period of deputation term of the 2nd respondent/contemner for another one year has been challenged by the petitioner by filing Writ petition viz., Civil Rule No. 1187/98, inter-alia on the ground that the impugned order dated 4th November 1998 extending the deputation period of the 2nd respondent for another year with effect from12-11-1998 as Assistant Chief Electoral Officer in the Department of Election is not permissible under the Government Memorandum dated 18...

Yumnam Dimbajit Singh Vs. D.S. Poonia and anr.

Court: Guwahati

Reported in: 2001CriLJ546

ORDERS Imphal, 11th November, 1999 No. 6/54/97-Election (Pt)- Whereas the Hon'ble Writ Appellate Court has been pleased to pass in Writ Appeal No. 108 of 1999, interim orders dated 24-6-1999 as reproduced hereunder. '..... In the meanwhile, the impugned judgment of the Ld. singleJudge in Civil Rule No. 1187/98 is stayed. But we direct that the deputation of the appellant in Writ Appeal No. 108/99, Shri W. Sudhir Kumar Singh will not be extended beyond the existing period of deputation expiring on 11.11.1999.' 2. Whereas, In pursuance of the above-mentioned interim orders, and on expiry of the period of deputation of Shri W. Sudhir Kumar Singh as Asstt. Chief Electoral Officer in the Election Department, Government of Manipur on 11 November, 1999, he is repatriated to his parent organisation, viz., Manipur Electronics Development Corporation Ltd., Takyelpat. 3. Therefore, the services of Shri W. Sudhir Kumar Singh are placed at the disposal of the Manipur Electronics Development Corpor...

Yamkhomang Haokip Vs. State of Manipur and ors.

Court: Guwahati

N.S. Singh, J.1. In this writ petition, the writ petitioner sought for a direction to the respondents not to disturb/evict the petitioner and his co-villagers whose identity and particulars are reflected/given in Annexure A/1 to the writ petition from the land/place as described in Annexure-A/2 to the writ petition, coupled with a prayer for quashing the impugned eviction notice/ order bearing No. 1/2 ylws/97-98, dated 14.5.1997 issued by the Assistant Conservator of Forests', YLWS - Moreh, the respondent No. 4 herein by contending inter alia, that the writ petitioner is a Secretary of the village authority of Mongjang Village, a Kuki village situate near Indo Myanmar Border having 36 hill-house Tax paying house-holders and he has been authorised to file the present writ petition and to represent the villagers of the said village and also to swear affidavit for and on their behalf by its village authority and that, in the year 1993, the Armed underground outfits N.S.C.N. attacked the ...

Raimohan Sarkar Vs. State of Tripura and ors.

Court: Guwahati

1. The petitioner Sri Raimohan Sarkar was engaged as a Workcharged employee under the Public Works Department, Tripura with effect from 11.12.1959 and while he was working as Meter Reader-cum-Bill Clerk his services were regularised with effect from 21-6-1966. 2. The petitioner retired from service on 30.9.1995. On 20th October, 1981 the Government of Tripura, Public-Works Department issued the Memorandum No. F.6(28)PWD(E.11)/78 (Annexure-7). 3. In view of the provisions contained in Rule 5(1) and 5(2), the petitioner filed a representation praying for counting his period as a Workcharged for the purpose of retiral benefits. As the prayer was rejected by the concerned authority, the present writ petition has been filed for necessary relief. 4. The case of the respondent State of Tripura is that the petitioner is not entitled to the benefits of Clause 5(1) and 5(2) of the above rules as he was not a workcharged employee on the date on which the rules came into force and the benefits o...

Raimohan Sarkar Vs. State of Tripura and ors.

Court: Guwahati

1. The petitioner Sri Raimohan Sarkar was engaged as a Workcharged employee under the Public Works Department, Tripura with effect from 11.12.1959 and while he was working as Meter Reader-cum-Bill Clerk his services were regularised with effect from 21-6-1966.2. The petitioner retired from service on 30.9.1995. On 20th October, 1981 the Government of Tripura, Public-Works Department issued the Memorandum No. F.6(28)PWD(E.11)/78 (Annexure-7).3. In view of the provisions contained in Rule 5(1) and 5(2), the petitioner filed a representation praying for counting his period as a Workcharged for the purpose of retiral benefits. As the prayer was rejected by the concerned authority, the present writ petition has been filed for necessary relief.4. The case of the respondent State of Tripura is that the petitioner is not entitled to the benefits of Clause 5(1) and 5(2) of the above rules as he was not a workcharged employee on the date on which the rules came into force and the benefits of Ann...

P.S.C. Engineers Pvt. Ltd. Vs. State of Tripura and ors.

Court: Guwahati

D. Biswas, J.1. By this order, the Civil Rule No. W.P. (C) 109/2000 and the petition for interim order are proposed to be disposed of finally.2. The dispute arises out of a decision of the respondents-State to award a contract for supply, erection, testing and commissioning of power station at Purba Kanchanbari in the State of Tripura. A Notice Inviting Tender (NIT) was published on 19-3-1999 for various items of working including the said power station. The petitioner firm namely M/s. PSC Engineers Pvt. Ltd. submitted tender paper along with other competitors including respondent No. 4. It was stipulated in the NIT that the tender papers would be sold on production of various documents which also included performance certificate from certain specified authorities mentioned therein for similar nature of work. The tender papers were opened on 11-5-1999 and the petitioner-firm was found to be the lowest amongst the formal and qualified bidders. The petitioner was summoned by the Chief E...

Oriental Insurance Co. Ltd. Vs. Smt. Jharna Sarkar and anr.

Court: Guwahati

M.L. Singhal, J. 1. Heard Mr. P. P. Bhattacharjee, learned counsel for the petitioner Insurance Company. Also heard Mr. S. Deb, learned Sr. Counsel along with Mr. S. Dutta, learned counsel for the claimant-respondents. 2. Since both the two petitions involve common question of law and facts, hence with the consent of the learned counsel of both sides, these are disposed of together finally by this common judgment and order, 3. On 19-10-1997, one Bus bearing No. TRS-488 was coming from Jampaijala to Agartala, without Police escort. At about 7-20 A.M., when it reached Kanurampara, under Takarjala Police station, a gang of armed unknown extremists stopped the Bus and kidnapped the passengers including the two deceased, namely, Birianda Sarkar and Milan Debnath. Subsequently on 30-10-1997, the dead bodies of the two deceased were found lying on the road. The heirs of two deceased filed claim petitions before the Motor Accident Claims Tribunal, Agaratala. On the prayer of the claimant-p...

Smt. Namita Paul Vs. Food Corporation of India and ors.

Court: Guwahati

M.L. Singhal, J. 1. Heard Mr. A. K. Bhowmik, learned SR. counsel assisted by Mr. S. Ghosh. learned counsel for the petitioner as well as Mr. D. K. Biswas, learned counsel for the respondents,2. The petitioner in response to the advertisement issued by the respondents submitted tender far transportation of foodgrains/sugar/allied materials from Railway head, Kumarghat to the godown of Agartala, the last date fixed for receipt of the tender was 13-9-1996. The petitioner along with the tender deposited earnest money of Rs. 1,60,000/-, on opening of the tenders the tender of the petitioner was found fourth lowest. Earlier, the respondents on most occasions used to appoint more than one contractors for one transportation work against the single tender considering the volume of work and usually call all the valid tenderers to come for negotiations and reduce rates to that of the lowest tenderer or such other rates as may be reasonable and after negotiation, used to engage more than one cont...