Guwahati Court September 2002 Judgments
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Labanya Dhar Bania Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-02-2002
1. Heard Mr. M. K. Choudhury, learned counsel for the petitioner and also Mr. A. K. Thakur, learned State counsel. 2. This writ petition is directed against the judgment of the Assam Administrative Tribunal dated 26.7.2000 passed in Case No. 71ATA/ 98. The petitioner filed the aforesaid case before the learned Tribunal challenging the order dated 5.2.1998 passed by the disciplinary authority imposing the following penalties : (i) Withholding of promotion for the next 5 (five) years, and (ii) Recovery of the pecuniary loss of Rs. 1,30,900. 3. The learned Tribunal by the impugned judgment has disposed of the case with the following observations : '28. We are of the view that, instead of the penalties imposed in the final orders of the Governor of Assam (the Disciplinary Authority) under No. FTX.204/95/138 dated 5.2.1998, reiterated by the order under No. FTX.204/95/203 dated 17.6.1998 of the Governor of Assam, the following punishment against the appellant (Delinquent Official) would...
Arabinda Kumar Saha Vs. State of Assam
Court: Guwahati
Decided on: Sep-01-2002
1. This judgment and order of ours will dispose of Appeal No 145/ 95 and Appeal No. 146/98 which have been filed by the two brothers against the common judgment of the learned Single Judge dated 13.5.1998 by which two writ petitions Civil Rule No. 2544/96 and Civil Rule No. 4980/96 were disposed of. The facts and the point of law in both the cases are almost identical. The facts are being taken from W.A. No. 145/1995.2. The appellant herein Sri Arabinda Kumar Saha was born out of the wedlock between Basanta Kumar Saha of general category, i.e., caste Hindu, (in other words not belonging to Scheduled Caste or Scheduled Tribe or a backward classs) and Smt. Subhadra Das belonging to the Kaibarta Community a Scheduled Caste in the State of Assam. He was born on 1.8.1947. In other words he was the child of a non-Scheduled Caste father and Scheduled Caste mother. In 1967 the appellant-writ petitioner applied for grant of certificate as belonging to Scheduled Caste. It is the case of the appe...
Arabinda Kumar Saha Vs. State of Assam
Court: Guwahati
Decided on: Sep-01-2002
R.S. Mongia, C.J. (Actg.) 1. This judgment and order of ours will dispose of Appeal No 145/ 95 and Appeal No. 146/98 which have been filed by the two brothers against the common judgment of the learned Single Judge dated 13.5.1998 by which two writ petitions Civil Rule No. 2544/96 and Civil Rule No. 4980/96 were disposed of. The facts and the point of law in both the cases are almost identical. The facts are being taken from W.A. No. 145/1995. 2. The appellant herein Sri Arabinda Kumar Saha was born out of the wedlock between Basanta Kumar Saha of general category, i.e., caste Hindu, (in other words not belonging to Scheduled Caste orScheduled Tribe or a backward classs) and Smt. Subhadra Das belonging to the Kaibarta Community a Scheduled Caste in the State of Assam. He was born on 1.8.1947. In other words he was the child of a non-Scheduled Caste father and Scheduled Caste mother. In 1967 the appellant-writ petitioner applied for grant of certificate as belonging to Scheduled Caste. ...
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