Guwahati Court October 2001 Judgments

Keisham Ibobi Singh Vs. State of Manipur and ors.

Court: Guwahati

A.H. Sakia, J 1. The appeal was dismissed for the reasons to be recorded lateron and accordingly reasons for dismissal of the appeal are stated as follows: The moot question involved in this writ appeal wherein the judgment and order dated 8.9.1997 passed by the learned Single Judge dismissing the Civil Rule No. 959/1995 is under challenge, is whether the Respondent No. 4 has possessed the requisite qualifications in terms of the Advertisement No. 2/95-96 published by the Manipwr Public Service Commissioner (for short 'the Commission') to make himself eligible and suitable to be recommended by the Commission vide its notification dated 15.9.1995 for appointment as Additional Director (FSL) in the Home Department, Government of Manipur (for short 'the Addl. Director).' 2. The facts of the case are that the Commission issued an advertisement, being No. 2/95-96 Item No. 1 for direct recruitment to the post of the Addl. Director fixing 3 PM on 3.7.1995 as closing date for issue and rec...

Longpi Dehangi Rural Bank and ors. Vs. Himangshu Chakraborty

Court: Guwahati

R.S. Mongia, C.J.1. For alleged acts of omission and commission on the part of the respondent-writ petitioner, the appellant bank had allegedly sustained pecuniary loss of Rs. 4,96,080.90, A departmental enquiry was held against the writ petitioner and ultimately by the order dated 5.7.1996 of the disciplinary authority the writ petitioner was dismissed from service. The provident fund of the Writ petitioner was transferred to his savings bank account, which the writ petitioner had in the same bank, where he was working. The authorities in the bank imposed a ban on the right of the writ petitioner to withdraw money from his personal savings bank account, which account included the money received from the Regional Provident Fund Commissioner. The imposition of ban or restriction on the writ petitioner to operate his saving bank account led him to file W.P. (C) No. (C.R.) 420/97 in this Court. That writ petition has been allowed by the judgment and order dated 15.6.2001 primarily on the...

Bisweswar Debnath Vs. State of Tripura and ors.

Court: Guwahati

B.B. Deb, J. 1. The petitioner sought for a writ of certiorari for quashing the impugned Memorandum bearing No. F. 2(30)-DF/85(PART) dated 8-9-1992, issued by the Director, Food and Civil Supplies, Government of Triprua dismissing the petitioner from service.2. In short compass the petitioner's case could be summarised as below: The petitioner entered in service as Tahasilder on 16.11.1965. Thereafter, he was appointed as Store Keeper under the Directorate of Food and Civil Supplies, Government of Tripura vide order dated 5.7.1971. Subsequently he was confirmed in the aforesaid post of Storekeeper on 2.3.1978. While the petitioner was serving being posted at Kanchanpur Government Food Godwon, he was kept under suspension by the Director, Food and Civil Supplies (respondent No. 3) vide order dated 28.9.1991 in contemplation of disciplinary proceeding. Thereafter, disciplinary proceeding was initiated against the petitioner by issuing a formal memorandum of charges bearing No. F.2(30)-...

State of Assam Vs. Abdul Khalique Talukdar

Court: Guwahati

R.S. Mongia, C.J. 1. The writ petitioner (now respondent) was settled with the Madhura Sand Mahal for a period from 12.J.1998 to 114-2000 for extraction of sand. The quantity of sand which could be extracted was 1050 cu ms. For certain reasons, to which reference will he made hereinafter, the writ petitioner could only extract 367 cu ms. within the stipulated period. He had asked for extension of the lease period for extracting the sand but the same was refused by the order dated 11-2-2000. By the said order it was also decided that sale notice be issued for the said Mahal. 2. Before the learned Single Judge it was averred that Immediately after the writ petitioner had started extracting sand and transporting the same from the mine to other places by trucks over the Khaspur-Silchar PWD Road, restrictions were imposed by the PWD not to ply heavy vehicles on the said road. Maximum load that was permitted to be carried by trucks was 6.00 m. tonnes. It was also averred that the responden...

M. Yanthan Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2003)(2)SLJ221CAT

1. The legitimacy of the process of recruitment by promotion from amongst the substantive members of the State Civil Service to the All India Service in aid of the Indian Administrative Service (Recruitment) Rules, 1954 read with the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 concerning the applicant is the core issue for adjudication in this application. This is the second round of litigation so far the applicant is concerned.2. The applicant is a senior Member of the Nagaland State Civil Service and posted as Secretary, Government of Nagaland, Excise Department. A Selection Committee was constituted for the purpose of preparation of a list of suitable officers under Rule 3 of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 (hereinafter referred to as the Regulations) for the purose of recruitment by promotion for the year 1996-97. The Selection Committee did not recommend the applicant. The applicant questioned the afore...

Lalhmelthai Vs. State of Mizoram and ors.

Court: Guwahati

B.B. Deb, J. 1. This Second Appeal under rule 18 of the 'Rules for the regulation of the Procedure of officers appointed to administer justice in the Lushai Hills, 1937' (popularly known as 'Justice Rules, 1937') is directed against the appellate order dated 4.1.2000 passed by the learned Additional District Magistrate (J)/Addl. Deputy Commissioner (J), Aizawl in Civil Appeal No. 2 of 1994 arising out of the judgment dated 2.5.1994 passed by the learned Extra Assistant Commissioner/Magistrate 1st Class, Aizawl in Title Suit No. 12 of 1988. 2. The appellant's case to be precise is as follows : 'The appellant as plaintiff instituted a suit in the court of Deputy Commissioner, Aizawl District being Title Suit No. 12 of 1988 for declaration of her legal right, title and interest over the suit land and the suit was endorsed to the court of learned Extra Assistant Commissioner (shortly EAC) for trial/disposal under Rule 15 of the Justice Rules, 1937. On conclusion of trial, the appellan...

Binod Kumar Agarwal Vs. State of Assam

Court: Guwahati

P.G. Agarwal, J.1. Heard Mr. O.P. Bhati, learned counsel for the petitioner and Sri Bijoy Talukdar, learned Government Advocate.2. The petitioner, Sri Binod Kumar Agarwal, is a registered dealer under the Assam General Sales Tax Act. For the assessment year ending March 31, 1994, the petitioner has submitted his return and thereafter, the assessing authority passed assessment order dated February 29, 1996. It was found that during the relevant period, petitioner dealt with vegetable ghee but no tax was paid of sale of vegetable ghee. There is no dispute at the Bar that the sale of vegetable ghee is liable for double point tax for the period from March 1, 1993 to March 31, 1994. Accordingly, assessment order, exhibit B was passed directing the dealer to deposit a sum of Rs. 44,937. The petitioner had challenged the said order before this Court and asked for a direction that the respondent Nos. 4 and 5 may be directed to make payment of the said sum.3. Sri Bhati, learned counsel has fa...

Phuswuti Phesao and ors. Vs. State of Nagaland and ors.

Court: Guwahati

B. Lamare, J.1. These writ petitions are taken up together as the common questions arises for regularisation of the petitioners who are Graduate teachers appointed on Contract/Ad-hoc/Substitute services in Government High/ Middle/Primary Schools.2. In W. P.(C) 101(K)2001. there are 9 (nine) petitioners. W.P. (C) 102(K)2001,402 petitioner, W. P. (C) 148(K)2001, 5 (three) petitioners and W. P. (C) 149(K) 2001. 119 petitioners.3. Heard learned counsel for the petitioners. In all the writ petitions, the petitioners were appointed as Graduate teachers on Contract/ Ad-hoc/Substitute basis from time to time by the State of Nagaland. The services of the petitioners ranges from three years to nine years or more according to their respective appointments. Their services were extended from time to time in the same capacity as Contract/ Ad-hoc/ Substitute basis, but their services have not been regularised till date The petitioners, therefore have approached this Court by these writ petitions for...

Dr. Binoy Krishna Mandal Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2003)(1)SLJ25CAT

1. The legitimacy of the order of transfer and posting of the applicant from Indian Council of Agricultural Research Complex Headquarters, Umiam to Indian Council of Agricultural Research Complex, Tripura Centre, Lembucherra vide order dated 29.6.2001 is the subject matter of the controversy that requires adjudication. A thumb-nail sketch of the basic facts relevant for the purpose of adjudication are outlined hereinbelow: The applicant at the relevant time was holding the post of Principal Scientist (Fish and Fishery Science) in the Indian Council of Agricultural Research, Research Complex for NEH Region, Umiam, Meghalaya (hereinafter referred to as ICAR).2. The ICAR Research Complex for NEH Region was established in the year 1975 with a view to aid and assist the agricultural development in the NEH Region of the country. It is the pioneering institute of its kind set up by ICAR that emcompasses all the disciplines of agriculture, horticulture, animal sciences, agricultural, engineer...

Monju Seal Vs. Secretary, Social Welfare, Women and Children Developme ...

Court: Guwahati

N.S. Singh, J. 1. Upon hearing Mr. T. Siram, learned counsel for the petitioner and also Ms. G. Deka, learned Govt. Advocate for the State respondents as well as on perusal of the available materials on record, I am of the view that this matter can be disposed of at this stage considering the simple nature of the case and, accordingly, this writ petition is hereby disposed of with the following short order. 2. The petitioner questioned the validity of the impugned transfer order dated 8.5.2001 by contending, inter alia, that her husband is working/serving at NERIST, Nirjuli whose service is not transferable and her husband is suffering from phy-choneusosis disorder and he has been under medical treatment at Tejpur Mental Hospital, Assam as well as Guwahati and, as such, a prolonged treatment is required for his full recovery and her presence at this stage is also extremely required with him for speedy recovery. Raising these points, the petitioner approached the Director of Social Wel...