Guwahati Court August 2002 Judgments
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Tapir Jerang Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Aug-12-2002
I.A. Ansari, J. 1. Until 16.2.1994, when the petitioner was dismissed from service, the petitioner, in this writ petition, was a Sub-Inspector of Police under the Amnachai Police. The petitioner preferred an appeal against the order of his dismissal from service, but his appeal was turned down. The petitioner has, therefore, approached this Court by way of the present writ application under Article 226 of the Constitution of India challenging not only the legality of the order of his dismissal from service, but also the appellate order turning down his appeal. The petitioner has also challenged the legality and fairness of the very disciplinary proceeding drawn against him, which culminated into his dismissal from service. 2. Briefly stated, the case set up by the petitioner, in his writ petition, is as follows : The petitioner has been serving as a Sub-Inspector of Police under the Anmachal Pradesh Police since 17.2.1989. The petitioner was placed under suspension vide order, dated ...
Raj Kumar Lal Vs. State of Arunachal Pradesh and anr.
Court: Guwahati
Decided on: Aug-12-2002
I.A. Ansari, J. 1. This application made, under Article 226 of the Constitution of India, by the petitioner, who is Deputy Director of School Education (under suspension), Tawang District, Tawang, raises two important questions, namely, (i) whether appointment of Respondent. No. 2 (who is informant of Tawang Police Station Case No. 21/2000 under Section 409/120(B) IPC lodged against the petitioner) as Enquiry Officer in the departmental proceedings drawn against the petitioner on the same/similar facts, which have given rise to the police case aforementioned, is legal, proper, justified and/or valid and (ii) whether, during pendency of Tawang Police Station Case No. 21/2000 aforementioned, departmental proceedings drawn against the petitioner can be allowed to proceed.2. Since a large number of legal battles and departmental proceedings have preceded the filing of this writ petition, it is but natural that facts, necessary for disposal of this writ petition, are somewhat cumbersome i...
Lalnghakliana Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Aug-12-2002
S.K. Kar, J.1. The petitioner Sh. Lalnghakliana presented this petition under Article 226 of the Constitution of India alleging violation of Articles 14, 16, 21, 309, etc., of the same and seeking appropriate reliefs.2. Briefly stated, facts are as follows : The petitioner initially was appointed as Teacher in Hmuizawl L. P. School with effect from 1.6.1964 by Education Officer, Mizoram District Council vide Establishment Order No. 69 of 1964, dated 5.6.1964 and the Education Officer has been succeeded by the present respondents. While in service the petitioner was subsequently transferred from Hmuizawl to Sihphir, Nisapui and at Kepran L. P. School. He was asked by the said authority to remain at Aizawl vide Order No. 232 of 1970, dated 5.2.1970 as a security measure to protect his life as his name appeared in the hit-list of M.N.F. during the period of disturbance in Mizoram due to insurgency. And thereafter, in 1974 the petitioner submitted representation for his posting but no act...
Binoy Bhusan Bardhan and ors. Vs. Champa Devi Sancheti
Court: Guwahati
Decided on: Aug-09-2002
A.H. Saikia, J. 1. Heard Mr. A.K Bhattacharyya, learned Sr. counsel assisted by Mr. S.C. Biswas, learned counsel for the Petitioner and Mr. H.N. Sarma, learned Sr. counsel assisted by Mr. P.P. Barua, learned counsel for the respondent.2. As agreed by the learned counsel for the parties, I intend to terminate this revision finally at the admission stage today itself.3. Assailing the impugned order dated 9.7.2002 passed by the Sub-Divisional Magistrate Biswanath Chariali, Mr. Bhattacharyya has vehemently contended that this impugned order ex facie is not maintainable and sustainable inasmuch as the same has been passed absolutely in contravention of the procedure employed in Section 133 Cr.PC. Drawing attention to the said provision of law, Mr. Bhattcacharyya, refers to the relevant portions as under - '133. Conditional order for removal of nuisance. - (1) Whenever a District Magistrate or a Sub-Divisional Magistrate or any other Executive Magistrate specially empowered in this behalf ...
Suresh Dutta Vs. State of Tripura
Court: Guwahati
Decided on: Aug-09-2002
B.B. Deb, J. 1. On reasonable apprehension of being arrested In connection with Bishalghar P.S. Case No. 53/2002 under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (shortly called 'NDPS Act') the petitioner has filed this petition under Section 438(1) of the Cr.PC seeking pre-arrest bail direction. 2. At the outset, the learned Public prosecutor raised a preliminary objection contending, inter alia, that any person, who is implicated or having reasonable apprehension of being arrested in connection with any offence punishable under NDPS Act has no right to seek pre-arrest bail direction as the provision of Section 438 of Cr.PC is not made applicable relating to any offence punishable under NDPS Act. 3. Mr. P.K. Biswas learned counsel for the accused petitioner was allowed sufficient time vide order dated 2.8.2002 to refer the related provisions of law Including any citation on that score regarding permissibility of invoking the provision of Section 438 of ...
MalIn Kanta Paul Vs. State of Tripura
Court: Guwahati
Decided on: Aug-09-2002
P.K. Sarkar, J. 1. These two cases involve the same question of fact and law and therefore, these two petitions are disposed of by this common order.2. In WP(C) 62/00, the petitioner who is a state Government pensioner, challenges the legality of the Notification of the Government of Tripura in the Finance Department No. 8(4)-Fin(G)79-II by which the earlier notification dated 2.7.1992 has been clarified. The petitioner prayed for quashing the said notification. The petitioner further prayed that the direction given by the High Court in its judgment dated. 22.4.1997 in Civ. Rule 259/95 be complied with by the state respondents. It is submitted that the petitioner retired from the post of Physical Instructor under the Education Department of the Government of Tripura on 1.1.1990. The State Government employees get their pension as per provision of the CCS (Pension) Rules, 1972 as adopted by the Government of Tripura in the Finance Deptt. by Notification dated 8.8.1978. The Dearness Al...
Lily Tep and ors. Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Aug-09-2002
B. Lamare, J. 1. I have heard Mr. E.Y. Renthungo, learned counsel for the petitioners, Mr. I. Jamir, learned Addl. Advocate General for respondent Nos. 1 to 4, MR. C.T. Jamir, learned counsel for the respondent No. 6, and Mr. A. Zhimomi', learned counsel for the respondent Nos. 5, 7 8 and 9. 2. All the writ petitions are taken up together as it relates to the same question of facts and law as all the petitioners have assailed the absorption of respondent No. 6 and regularisation of respondents Nos. 5, 7, 8 and 9 and the officiating promotion of respondent Nos. 10 and 11, and also the validity of Sub-rule (c) of Rule 6 of the Nagaland Soil & Water Conservation Service Rules, 1997. 3. Smt. Lily Tep, writ petitioner in WP (C) 118 (K) 2000 was appointed as Instructor, Class-III non-gazetted by order dated 6.1.1987 in the Department of Soil and Water Conservation, Nagaland. Her service was converted into Class-II gazetted by Notification dated 29,9.1997 w.e.f. 1.6.1990. 4. Shri N. I. Tosh...
Dibya Prasad Nath Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-09-2002
P.G. Agarwal, J. 1. All these four writ petitions have been heard analogously and these are being disposed of by this common judgment. 2. Heard Mr. A.K Bhattacharyya, learned Senior Advocate, Shri H.N. Sarma, learned Sr. Advocate and the learned Govt. Advocate, Assam.3. The matter relates to the inter-se seniority of the teachers in the Dhekial High Secondary School, hereinafter referred to as 'the School'.4. The school was established long back and started receiving ad-hoc grant from 1.4.1947. The school was recongnised with effect from 1.1.1949 and it started receiving grants-in-aid with effect from 1.3.1959. Subsequently the school was provincialised with effect from 1.10.1977. Ganesh Ch. Goswami, hereinafter, referred to as the petitioner and Dibya Prasad Nath, hereinafter referred to as the respondent for the purpose of convenience had joined the school before provincialisation. The petitioner had joined the school as a Assistant Teacher on 14.10.1971 as a Normal Pass candidate ...
Sushanta Ghosh Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Aug-09-2002
B.B. Deb, J. 1. The petitioner challenged the seniority list, issued vide Memo. No. 294-447/F.1(151)-DLSR/ESTT/80-81 dated 12th January, 1983by which the seniority position of Junior Amins in the Directorate of Land Records & Settlement (hereinafter referred to as the 'DLRS'), Government of Tripura had been finalised and subsequently issued Memorandum bearing No. 5539-939/F.1 (5)-DSLR/ESTT/82/P.II dated 9th April, 1991 by which the final seniority list for the posts of Amin under the DLRS, Govt. of Tripura had been published. 2. The petitioner along with others were temporarily appointed to the posts of Junior Amin vide Memorandum dated 5.1.1979. Subsequently, the petitioner and other Junior Amins had been re-designated as Amins w.e.f. 1.2.1983 pursuant to Memo, dated 16.6.1983. The petitioner along with other Amins/Junior Amins had been deputed to undergo training at the Training Centre of the DLRS in the year 1979-80 and among the 34 trainees, the petitioner secured the highest mark...
Tapan Bhowmik and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Aug-09-2002
B.B. Deb, J. 1. This criminal appeal has been directed against the judgment of conviction dated 18.04.2002 and sentence dated 20.04.2002 passed by the learned Assistant Sessions Judge, South Tripura, Udaipur in Case No. S.T. 101 (ST/U) 2000. By the impugned judgment the learned trial court convicted all the three accused appellants under Section 304(B) and sentenced them to suffer R.I. for 8 years and also convicted all the accused appellants under Section 498(A) of the I.P.C. with a sentence of R.I. for 2 years each.2. The prosecution case leading to the conviction of the appellanl could be summarised as below : Smt. Sangita Bhowmik, the daughter of Sri Bhanu Lal Bhowmik (PW 3) was given marriage with the accused appellant No. 1 (hereinafter called the appellant) Tapan Bhowmik S/o Sri Judhisthir Bhowmik of village Kushamara, Sub Division Udaipur, District South Tripura on 27th Vaishak 1405 [correspondign to 11th May, (Monday) 1998] according to the Hindu Religion, rites and customs....
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