Guwahati Court February 2002 Judgments

Reetwam Pathak Vs. Assam Higher Secondary Education Council and ors.

Court: Guwahati

Ranjan Gogoi, J.1. The writ petitioner, a young student, after admitting that he had adopted unfair means in the Higher Secondary (Science) Examination held in March 2001 by the Assam Higher Secondary Education Council (hereinafter referred to as 'the Council'), seeks to challenge the actions of the Council in debarring him from sitting in the said examination for the subsequent year due to commence with effect from 21.2.2002. The cancellation of the examination in which the writ petitioner was found to resorting to unfair means being a fait accompli is naturally not under challenge in the present proceeding.2. The brief facts of the case may be noticed as hereunder. The petitioner, Reetwam Pathak, appeared in the Higher Secondary Examination of the year 2001 in the Science stream conducted by the Council under Roll 159 No. D-468 in the J. B. Collage Centre at Jorhat. On 3.3.2001, the petitioner was caught red-handed while copying in the Physics papers held on the said date. The petit...

Arindam Roy Vs. North Eastern Regional Institute of Science and Techno ...

Court: Guwahati

B.B. Deb, J. 1. In this petition, the petitioner challenged the impugned letter bearing letter No. Adad/AR/2/93 dated 22.12.1999 issued by the Deputy Registrar (Academic), North Eastern Regional Institute of Science & Technology (for short, 'the NERIST') by which the petitioner's registration for August, December, 1999 semester was terminated and also for issuing a writ of certiorary for quashing the impugned order dated 18.6.2001 refusing withdrawal from the examination of January, May, 1999 semester. PETITIONER'S CASE 2. That the petitioner is a student of Degree Module, B. Tech. coursein the NERIST at Itanagar, Arunachal Pradesh. The aforesaid course consists of 3 independent modules in technology, viz., Base module. Diploma module and Degree module and each module having two years course of 4 songsters. In 1993, the petitioner got himself admitted to Base module course and he successfully completed the same in 1995. Thereafter, he got himself admitted to Diploma module cours...

Arindam Roy Vs. North Eastern Regional Institute of Science and Techno ...

Court: Guwahati

Reported in: AIR2002Gau80

B.B. Deb, J.1. In this petition, the petitioner challenged the impugned letter bearing letter No. Adad/AR/2/93 dated 22.12.1999 issued by the Deputy Registrar (Academic), North Eastern Regional Institute of Science & Technology (for short, 'the NERIST') by which the petitioner's registration for August, December, 1999 semester was terminated and also for issuing a writ of certiorary for quashing the impugned order dated 18.6.2001 refusing withdrawal from the examination of January, May, 1999 semester.PETITIONER'S CASE 2. That the petitioner is a student of Degree Module, B. Tech. coursein the NERIST at Itanagar, Arunachal Pradesh. The aforesaid course consists of 3 independent modules in technology, viz., Base module. Diploma module and Degree module and each module having two years course of 4 songsters. In 1993, the petitioner got himself admitted to Base module course and he successfully completed the same in 1995. Thereafter, he got himself admitted to Diploma module course and tha...

Dulal Chandra Sarma Vs. State of Mizoram and ors.

Court: Guwahati

A.K. Patnaik, J. 1. This is an appeal against the judgment and order dated 23.1.1996 passed by the learned Single Judge in Civil Rule No 13/90 filed by the appellant. 2. The facts briefly are that the appellant was working as Accountant under the Director of Supply and Transport, Government of Mizoram. By order dated 10.1.1974, the Director of Supply and Transport, Government of Mizoram placed the appellant under suspension pending drawal of departmental proceeding against him for continuous unauthorised absence from duty. The said disciplinary authority issued a memorandum dated 2.3.1974 wherein it was mentioned that the disciplinary authority proposed to hold an enquiry under rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. Along with the said memorandum, article of charge was annexed wherein it was alleged that the appellant while functioning as Accountant during the period from 10.1.1970 to 9.1.1974 was absent from duty without any authority...

Amit Sahai, Ifs Vs. State of Assam and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2003)(1)SLJ152CAT

1. This application under Section 19 of the Administrative Tribunals Act, 1985 has arisen and is directed against the order dated 20.11.2001 transferring and posting the applicant as Deputy Conservator of Forests attached to the Conservator of Forests, Lower Assam Social Forestry Circle, Bongaigaon. A thumbnail sketch, relevant for the purpose of adjudication of the O.A. is summed up below: The applicant is a member of the Indian Forest Officer (IPS for short), recruited under Section 7 of the IPS (Recruitment) Rules, 1966 read with Section 8 of the IFS (Appointment by Competitive Examination) Regulations, 1967, allocated to the Assam Wing of the Assam-Meghalaya Joint Cadre. The applicant, on his return from Central deputation, by order dated 9.8.2000 was posted as Divisional Forest Officer, Aie Valley Division, Bongaigaon. The said order was modified by order dated 6.9.2000 and he was appointed as Divisional Forest Officer, Western Assam Afforestation Division on temporary basis and ...

Arunachal Pradesh Civil Service Officers' Association Vs. State of Aru ...

Court: Guwahati

A.H. Saikia, J. 1. Heard Mr. P.K. Tiwari, and Mr. T. Pertin, learned Counsel appearing for the Petitioner, Mr. Nani Tagia learned counsel appearing on behalf private Respondent No. 4 and Mr. R.H. Nabam, learned State Counsel for the State Respondents. 2. The legality and validity of the impugned order dated 25.7.2001 issued by the Chief Secretary to the Government of Arunachal Pradesh appointing the Respondent No. 4, Shri Santosh Kumar IFSas Director (Tourism), Government of Arunachal Pradesh for a period of three years on deputation is under challenge in this Writ Petition. The impugned order dated 25.7.2001 reads as follows : 'GOVERNMENT OF ARUNACHAL PRADESH DEPARTMENT OF TOURISM ITANAGAR ORDER No. SECY(Tou)Misc/3/2001 Date Itanagar the 25th July, 2001 In the Interest of public service the Governor of Arunachal Pradesh is pleased to appoint Shri Santosh Kumar, IFS (AGMUT-93) to the post of Director (Tourism), Govt. of Arunachal Pradesh for a period of three years on standard term...

Subrata Pal Vs. Ratna Gope and anr.

Court: Guwahati

B.B. Deb, J. 1. This petition is registered as Criminal T i dii-rieir Petition on the baaia of a petition filed by Mr. Subrata Pal, learned Additional Sessions Judge West Tripura, Khowai requeating the High Court for withdrawal of Session triable Case bearing No. S.T. 134(WT/K)/ 2000 under Sections 341/302/34 IPC from the file of the learned Additional Sessions Judge, West Tripura, Khowai and to transfer the same to any other competent court of Jurisdiction on the following grounds :- (a) The accused persons are attempting to drag the case by this or that plea; (b) The Additional Public Prosecutor appears to be unwilling to conduct the case and for which he wrote a letter to the Secretary (Law) for appointing any other lawyer as Spl. Public Prosecutor. The Additional Public Prosecutor appears to be pressurised from other corner to withdraw himself from the cass; Neither the prosecution nor the defence nor even the aggrieved victim sought for any such transfer of the case. 2. A quest...

Oriental Insurance Co. Ltd. Vs. Member, Mact and ors.

Court: Guwahati

R.S. Mongia, C.J.1. The brief facts giving rise to the latters Patent Appeal at the behest of the Insurance Company may be noticed :2. Respondent Mustt. Piarjan Bibi preferred a Claim Petition before the MACT, Kamrup, Guwahati in the year 1995 claiming compensation on account of the death of her husband, who died in an accident while he was travelling in a bus owned by Respondent No. 3. The further facts, which are not disputed, are that the bus in question in which the husband of the claimant was travelling was insured with the present appellant. It was the case of the Insurance Company that the company is not liable to pay any compensation, inasmuch as, there was violation of the terms of the insurance policy as the deceased was travelling on the roof of the bus when the accident occurred on account of which he died. According to the Insurance Company, if a passenger or a person travels on the roof of the bus, which amounts to violation of the terms of the permit and when the accid...

Oriental Insurance Co. Ltd. Vs. Member, M.A.C.T. and ors.

Court: Guwahati

R.S. Mongia, C.J.1. The brief facts giving rise to the letters patent appeal at the behest of the Insurance Company may be noticed:2. Respondent Mustt. Piarjan Bibi preferred a claim petition before the MACT, Kamrup, Guwahati in the year 1995 claiming compensation on account of the death of her husband, who died in an accident while he was travelling in a bus owned by respondent No. 3. The further facts, which are not disputed, are that the bus in question in which the husband of the claimant was travelling was insured with the present appellant. It was the case of the Insurance Company that the company is not liable to pay any compensation, inasmuch as, there was violation of the terms of the insurance policy as the deceased was travelling on the roof of the bus when the accident occurred on account of which he died. According to the Insurance Company, if a passenger or a person travels on the roof of the bus, which amounts to violation of the terms of the permit and when the accide...

Md. Ikram Vs. Union of India (Uoi) and ors.

Court: Guwahati

R.S. Mongia, C.J. 1. The appellant while in service was charge sheeted and regular departmental proceedings was initiated against him. 29 prosecution witnesses were cited in the list of witnesses. However, only 26 were examined by the enquiry officer and so far the remaining prosecution witnesses are concerned it was observed by the enquiry officer as under - 'In all, out of 29 witnesses cited in Annexure-IV of the charge-memorandum, 26 witnesses were examined and the rest three witnesses, namely, Sri P.K. Agarwal, the then OC/1BN/RPSF/ LMG and now Security Commissioner, RCB/Kapurthala, Sri Rojit, IPPF now at 9 BN/RPDP/Jagadari, and Sri K.K.Misra, Constable now at 8BN/RPSF/Chittaranjan did not appear in the inquiry in spite of repeated summons and hence their names were dropped from the list of witnesses.' 2. On the basis of evidence on record the enquiry officer vide his report dated 10.7.2000 held the appellant not guilty. When the report was placed before the Disciplinary Authority...