Guwahati Court February 2002 Judgments
Bimal Kumar Chanda Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Feb-28-2002
A.K. Patniak, J. 1. This is a public interest litigation filed under Article 226 of the Constitution of India by the petitioner. 2. The petitioner, Sri Bimal Kumar Chanda, had been working as Principal in-charge of the Tripura Government Law College, Agartala, and after his superannuation from government service he is working for advancing the social interest. He has stated in the writ petition that in recent years, the peace in the State of Tripura has been disturbed, as many as 19 police station areas have been declared disturbed areas and are under the Armed Forces (Special Power) Act. 1958, 111 persons have been killed, 84 persons have been kidnapped, and since 1993 till 1997, 92 police personnel and security personnel have been killed by the extremists. But the State Government of Tripura has not established State Human Rights Commission. The petitioner has, therefore, prayed for an appropriate writ or direction to the State of Tripura to establish State Human Rights Commissio...
Tag this Judgment!Manindra Chandra Dhar Vs. Tripura Road Transport Corporation and ors.
Court: Guwahati
Decided on: Feb-27-2002
1. This is an appeal against the judgment and order dated 28th September, 2001 passed by the learned Single Judge in Civil Rule No. 262/1992.2. The relevant facts and circumstances for the purpose of disposal of the writ appeal are that, the appellant was working as Heavy Vehicle driver under the Tripura Road Transport Corporation. By a Memorandum dated 16.6.1990, the Managing Director of the said Corporation informed the appellant that he proposed to hold an inquiry against him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 which were applicable to the employees of the said Corporation. Along with the said Memorandum, the substance of the imputation of his mis-conduct in respect of which the inquiry was proposed to be held was set out. The appellant was directed to submit within 10 (ten) days on receipt of the said Memorandum the written statement of his defence andfurther informed that if he did not submit the written statement of diffen...
Tag this Judgment!State of Tripura and ors. Vs. Kartik Chandra Debbarma
Court: Guwahati
Decided on: Feb-26-2002
A.K. Patnaik, J. 1. Heard Mr. U.B. Saha, learned Sr. Government Advocate assisted by Mr. T. D. Majumder for the Appellant-State. Also heard Dr. J. C. Das, learned counsel for the respondent. 2. The respondent was working as Panchayat Secretary, Jirania Block under the Government of Tripura. By order dated 3.11.1998, the Director of Panchayat, Government of Tripura informed the respondent that he was proposing to take action against him under Rule 16 of CCS (CCA) Rules, 1965. Along with the said order, the statement of imputation of misconduct/misbehaviour alleged against the respondent was enclosed and the respondent was asked to submit representation against, the proposed action. The respondent submitted the representation on 18.11.1998, but the explanation in the said representation was not accepted and by order dated 23.6.1999, the Director of Panchayat passed an order imposing minor penalty against the respondent. The respondent filed an appeal against the aforesaid order of pu...
Tag this Judgment!Dr. Khagendra Narayan Baruah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-26-2002
A.H. Saikia, J. 1. Both these appeals having raised a common question of law onlargely identical facts are being taken up for consideration together and are being disposed of by this common judgment. 2. This matter relates to the selection and appointment to the post of Principals in the three Medical Colleges in Assam by the Assam Public Service Commission (for short the 'Commission'). The select list prepared by the Commission is under challenge in the related writ petitions. The learned Single Judge upon careful consideration of the same set aside the entire select list holding that some of the candidates selected and recommended by the Commission were found to be ineligible. 3. The moot question requires to be answered in these Writ Appeal is :- 'Whether the entire select list prepared by the Commission needs be quashed and set aside when some of the recommended candidates in the said select list were found by the learned Single Judge to be ineligible owing to over-age ?' 4. B...
Tag this Judgment!Hargovind Singh Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Feb-26-2002
A.K. Patnaik, J. 1. In this writ application under Article 226 of the Constitution of India, the petitioner, Sri Hargovind Singh, has challenged the findings of the General Security Force Court, and the orders passed by the , Inspector General of Border Security Force and the Director General of Border Security Force holding the petitioner guilty of the offence of culpable homicide amounting to murder as well as the punishment of 5 years' rigorous imprisonment and dismissal from service.2. The facts briefly are that the petitioner was serving as a constable in the 13 Bn, Border Security Force. A General Security Force Court was convened to enquire into the allegation against the petitioner that on 8,7.1998 between 1730 Hrs. and 1800 Hrs. when the petitioner and other members of a Link Patrol Party were returning to BOP Bhandarima, the petitioner directed constable Puran Singh to cross the river Deo, and when constable Puran Singh started crossing the river Deo the petitioner remarked...
Tag this Judgment!State of Tripura and ors. Vs. Kartik Chandra Debbarma
Court: Guwahati
Decided on: Feb-26-2002
A.K. Patnaik, J. 1. Heard Mr. U.B. Saha, learned Sr. Government Advocate assisted by Mr. T. D. Majumder for the Appellant-State. Also heard Dr. J. C. Das, learned counsel for the respondent. 2. The respondent was working as Panchayat Secretary, Jirania Block under the Government of Tripura. By order dated 3.11.1998, the Director of Panchayat, Government of Tripura informed the respondent that he was proposing to take action against him under Rule 16 of CCS (CCA) Rules, 1965. Along with the said order, the statement of imputation of misconduct/misbehaviour alleged against the respondent was enclosed and the respondent was asked to submit representation against, the proposed action. The respondent submitted the representation on 18.11.1998, but the explanation in the said representation was not accepted and by order dated 23.6.1999, the Director of Panchayat passed an order imposing minor penalty against the respondent. The respondent filed an appeal against the aforesaid order of punish...
Tag this Judgment!Rewati Bala Sahariah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-25-2002
B.K. Sharma, J.1. By this writ petition the challenge has been made to the order dated 5.5.2003 (Annexure-6), by which the respondent No. 4 has been transferred to Bangagarh M.V. School in the District of Darrang against the vacant post of Headmaster which has occurred due to retirement of the earlier incumbent on attaining the age of superannuation.2. Shortly stated the facts leading to filing of the instant writ petition is that the petitioner was appointed as Assistant Mistrass in the year 1967. She has been serving is the present school from 1983. It is the case of the petitioner that she is the seniormost Assistant Teacher in the school aspiring for her promotion as Head Mistress. According to the petitioner during the year 2000-01 a selection was conducted for appointment/ promotion as Headmaster / Headmistress in M.V. School and the select list was published in March, 2001. The petitioner was selected and her name found place in the select list at serial No. 6. When the petitio...
Tag this Judgment!Sunil Deb Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Feb-25-2002
B.B. Deb, J.1. In the aforementioned bunch of cases beside the factual controversies of individual cases, an identical question of law appertaining the application of the Provisions of Section 187 of Tripura Land Revenue and Land Reforms Act, 1960 (shortly 'the TLR & LR Act') to the territorial areas of Tripura Tribal Areas Autonomous District Council (shortly 'ADC') has been raised in view of para 12AA under the Sixth Schedule of the Constitution of India.2. The subject-matter of all the cases relates to restroration of land to the members of the scheduled tribes who once transferred their respective land to the members belonging to non-tribal community in violation of Section 187( 1) of TLR & LR Act.3. To decide this question the provisions of 187(1) of TLR & LR Act, and paragraph 3(1) (a) and paragraph 12AA(a) of the Sixth Schedule of the Constitution of India are to be examined.4. Under Section 187(1) of TLR & LRAct, no transfer of land belonging to a peson who is ...
Tag this Judgment!Commissioner of Income Tax Vs. Mintu Kalita
Court: Guwahati
Decided on: Feb-22-2002
1. The brief facts are as follows : The assessee filed his return for the assessment year of 1980-81 and 1981 -82 and the Income Tax Officer completed the assessment Under Section 143(1) of the Income Tax Act (hereinafter called the Act for the sake of brevity). Thereafter the Income Tax Officer came to know that the Firm M/s. Gouri Kanta Kalita And Company had income from Hullar Rice Mill which was assessed in the hands of Shri Gouri Kanta Kalita in his individual capacity in the earlier years. In view of this he completed the assessment of M/s. Gouri Kanta Kalita And Company at Nil and initiated proceedings Under Section 147(a) of the Act for the assessment years under reference and issued notice Under Section 148 of the Act there was response on the part of the assessee in respect of notice Under Section 148. The Issuing Officer issued notice Under Section 142(1) of the Act in response to which one Shri J.C. Chakravarty, an employee appeared. The Assessing Officer then completed t...
Tag this Judgment!Dwijen Chutia Vs. Oil and Natural Gas Corporation Ltd. and anr.
Court: Guwahati
Decided on: Feb-21-2002
Ranjan Gogoi, J. 1. The challenge in the instant writ application is against a tender notice dated 18.12.2001 issued by die authorities of the Oil and Natural Gas Corporation Ltd. (hereinafter referred to as the O.N.G.C.) certain items of work for which tenders were invited by notice dated 23.7.2001 and 4.9.2001 in which process the writ petitioner had participated after being withdrawn by the authority were re-tendered by the impugned tender notice in question.2. The brief facts of the case may be noted as hereunder:By a tender notice dated 23.7.2001 published in the newspapers on 31.7.2001 tenders were invited for two items of civil works at Drill site B.D.A.A. and K.H.A.F. Both the civil works in respect of the two Drill sites for which tenders were invited were identical' and the same related to the construction of foundation for electrical rig and construction of internal hardening. The petitioner submitted his tender pursuant to the aforesaid notice dated 23.7.2001 for the work r...
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