Guwahati Court March 2001 Judgments

Deep Chand Vs. Union of India and ors.

Court: Guwahati

1. Heard Mr. R P Sarma, learnes counsel for the petitioner as well as Mr. K K Mahanta, learned Sr. CGSC for the respondents.1. Petitioner Sri Deep Chand bearing No. 690523581 was employed under the CRPF establishment and was working as Tailor of Group Centre at the relevant time. By memorandum dated 10.8.1999, he was charged with the following articles of charge -ARTICLE -1 That the said No. 690523581 SI/Tlr.Deep chand while functioning as SI/Tlr. In GC, CRPF, Gauhati committed an act of misconductin that he gave his VCP to Shir B Bhatta, Radiographer of BH-3 CRPF Gauhati on hire basis @ Rs. 700/- per month for screening films thus violated the provision of rule 15(l)(a) of CCS (Conduct) Rules - 1964.ARTICLE II That the said No. 690523581 SI/Tlr. Deep Chand while functioning as in charge of Tailor shop GC, CRPF, Gauhati was guilty of neglect of duly/remissness in the discharge of his duties in his capacity as member of the force under Section 11(1) of CRPF Act, 1949 in that he failed t...

Atul Chandra Das and ors. Vs. Abhijit Kumar Sinha Kashyap and ors.

Court: Guwahati

ORDER Perused the Enquiry report. The report clearly reveals thatdelinquent constable, ABC/36, Atul Das and his associates disobeyed the lawful order of the superior officers time and again deliberately and willfully. Their conduct by threatening to shoot their superior officers and refusal to return to the barrack is clearly a proof that they had revolted and were not willing to listen to the authority. Rather, they were found acting under the control and dictate of a private person who had no authority or control over them. This situation led to their disarming first so that necessary action could be taken against them. The report further reveals that after being disarmed, the said constable and his associates are visiting different Police Stations/ Our Posts/Unit, instigating the armed constabulary to defy and disobey the order of the authority and to go on strike and revolt, thereby spreading disaffection which has caused general indiscipline and insubordination amongst the police ...

ideal Trading Corporation and Anr. Vs. Employees' State Insurance Corp ...

Court: Guwahati

D. Biswas, J. 1. None appears for the appellants when the case is taken up for hearing. Heard Mr. B.R. Dey, the learned counsel for the respondent Corporation. 2. This appeal is preferred against the order dated May 25, 1993 passed by the E.S.I. Court in ESI Case No. 18/90 Under Section 75 of the Employees' State Insurance Act, 1948.3. The appellant filed a petition Under Section 75 of the E.S.I. Act, 1948 before the E.I. Court challenging the Bakijai Case No. 44/90 which was initiated for recovery of contribution amount of Rs. 3,238/- and Rs. 4,466/- for the period between April, 1989 and August, 1989 and between September, 1989 and March, 1990. 4. The learned E.I. Court after consideration of the evidence on record--both oral and documentary, came to the finding that the casual workers and the representatives who worked under the petitioner Corporation are also employees of the firm and they altogether numbering 20 invite the applications of the provisions of the E.S.I. Act, 1948. ...

Y. Zheto Asumi and ors. Vs. State of Nagaland and ors.

Court: Guwahati

1. By this writ petition the petitioners have challenged the selection of respondents 4, 5 and 6 as Junior Engineers in the Power Department of the State Government. According to the petitioners the selection for the post of Junior Engineers in the department should be in accordance with Section 8(a)(iii) of the Nagaland Engineering Service Rules, 1997 (Class-I and Class-11). Rule 8(a)(iii) of the said Nagaland Engineering Service Rules, 1997 (Class-I and Class-II) (in short 1997 Rules herein) read as follows :- '50% of the total vacant posts of Junior Engineer at the time of requisition shall be through open competition, with a minimum prescribed qualification being 3(three) years Diploma from ' recognised institute, and 40% of the total vacancies being reserved for 3 years Diploma Certificate holder as indicated in Schedule VI of this Rules.' According to this Rule, the petitioners alleged that 40% of the vacancies should be reserved for 3 (three) years Diploma Certificate holders,...

Sahida Begum and ors. Vs. SarifuddIn Ahmed and ors.

Court: Guwahati

Reported in: 2001CriLJ3401

1. This petition is directed against the judgment and order dated 12.3.97 passed by the learned Sessions Judge, Kamrup in Criminal Revision No. 68/95 setting aside the order dated 8.6,95 passed by the Executive Magistrate, Rangia dismissing the Case No. 256m/ 87 u/s 133 CrPC. The learned Sessions Judge remanded the case to the learned Magistrate for disposal in accordance with law.2. I have heard Mr.-RP Sarma, learned counsel for the petitioner second party as well as Mr. RC Saikia learned counsel for The respondent first party assisted by respondent first party No. 1 Mr. Sarifuddin Ahmed appearing in person.3. Though Section 133 CrPC is intended to provide a speedy and summary remedy, the instant case has a very long and chequered history. More than 13 years ago, on 13.7.87 the first party filed a petition u/s 133 CrPC before the Additional District Magistrate, Kamrup alleging inter alia, that since 1965 first party had been using the public path leading from PWD N.T. Road of Ward No....

Sahida Begum and ors. Vs. SarifuddIn Ahmed and ors.

Court: Guwahati

Reported in: 2001CriLJ3401

1. This petition is directed against the judgment and order dated 12.3.97 passed by the learned Sessions Judge, Kamrup in Criminal Revision No. 68/95 setting aside the order dated 8.6,95 passed by the Executive Magistrate, Rangia dismissing the Case No. 256m/ 87 u/s 133 CrPC. The learned Sessions Judge remanded the case to the learned Magistrate for disposal in accordance with law.2. I have heard Mr.-RP Sarma, learned counsel for the petitioner second party as well as Mr. RC Saikia learned counsel for The respondent first party assisted by respondent first party No. 1 Mr. Sarifuddin Ahmed appearing in person.3. Though Section 133 CrPC is intended to provide a speedy and summary remedy, the instant case has a very long and chequered history. More than 13 years ago, on 13.7.87 the first party filed a petition u/s 133 CrPC before the Additional District Magistrate, Kamrup alleging inter alia, that since 1965 first party had been using the public path leading from PWD N.T. Road of Ward No....

Deepak Lala Vs. State of Assam and ors.

Court: Guwahati

1. Heard Mr. A.S. Choudhury, learned counsel for the petitioner and Mr. T.C. Chutia, learned Govt. Advocate for the respondents as well as Mr. N. Choudhury, learned counsel appearing on behalf of the respondent No. 5. 2. The facts leading to filing of the present writ petition is not very pleasant and rather it exposed a disqueating feature as to how the authority in the guise of issuing transfer order shown favour to a particular officer by exercising the power arbitrarily. The petitioner is a Block Development Officer working under the Department of Panchayat and Rural Development. The 5th respondent is an Assam Civil Service Officer and working as Circle Officer under the Deputy Commissioner, Karimganj. At the relevant time the petitioner was working as Block Development Officer (hereinafter BDO) at Patharkandi Development Block, Karimganj. By an order dated 22.11.2000 he was allowed to hold the additional charge of senior BDO of the Block in addition to his own duties vice the i...

Bhajan Ch. Debnath Vs. State of Tripura and anr.

Court: Guwahati

1. This writ petition has been filed by one Shri Bhajan Chandra Debnath challenging the legality and validity of the disciplinary proceeding initiated against the petitioner under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. 2. The proceeding was initated against the writ petitioner by a Memo of charges dated 26.10.1992 and along with the said Memo the statement of article of charges: Statement of imputation of misconduct or misbehaviour: list of documents by which article of charges were proposed to be proved and a list of witnesses were furnished to the writ petitioner. The said documents are enclosed to the writ petition as Annexure-6. 3. A perusal of the said documents will go to show that the only charge against the writ petitioner is that while functioning as U.D. Clerk in the Office of the Divisional Forest Officer, Working Plan Division No.II, the petitioner has resorted to falsehood by submitting a petition to cancel the appointme...

Bhajan Ch. Debnath Vs. State of Tripura and ors.

Court: Guwahati

1. Combining several distinct and separate causes of action, the writ petitioner has approached this Court seeking reliefs which ideally would have merited consideration upon a properpresentation of the claims. However, in view of the long pendency of the present writ petition, the Court is not inclined to deny to the writ petitioner the benefit of adjudication of his claims made in the present petition, 2. The essential facts required for adjudication of the issues involved are as follows: The writ petitioner, aggrieved by the promotion of his juniors namely respondents 3 to 16 filed a suit being Title Suit No. 121/1981 in the Court of Sadar Munsiff, Agartala praying for a declaration that the seniority list published by the defendants 1 and 2, (respondents 1 and 2 herein), by Memo dated 30.8.1975 is illegal and void and that the plaintiff, (petitioner herein) is to be treated as senior to the present respondents 3 to 16. The writ petitioner also prayed for a decree declaring the p...

Bhajan Ch. Debnath Vs. State of Tripura and ors.

Court: Guwahati

1. Combining several distinct and separate causes of action, the writ petitioner has approached this Court seeking reliefs which ideally would have merited consideration upon a properpresentation of the claims. However, in view of the long pendency of the present writ petition, the Court is not inclined to deny to the writ petitioner the benefit of adjudication of his claims made in the present petition, 2. The essential facts required for adjudication of the issues involved are as follows: The writ petitioner, aggrieved by the promotion of his juniors namely respondents 3 to 16 filed a suit being Title Suit No. 121/1981 in the Court of Sadar Munsiff, Agartala praying for a declaration that the seniority list published by the defendants 1 and 2, (respondents 1 and 2 herein), by Memo dated 30.8.1975 is illegal and void and that the plaintiff, (petitioner herein) is to be treated as senior to the present respondents 3 to 16. The writ petitioner also prayed for a decree declaring the prom...