Guwahati Court January 2003 Judgments

Saroj Bhattacharyya Vs. Union of India (Uoi) and ors.

Court: Guwahati

Reported in: (2003)3GLR77

Ranjan Gogoi, J 1. The appellant, at the relevant point of time, was working as a Havildar in the Railway Protection Force. On 16.1.1992, the appellant was granted sick leave for a week until 23.1.1992. As the appellant did not report for duty after the expiry of the leave granted to him, the name of the appellant was removed from the sick list. On 23.1.1992 itself the appellant submitted a medical certificate from a private medical practitioner with regard to his illness. Thereafter by orders dated 6.3.1992 and 23.4.1992, the appellant was asked to report to the Railway Doctor. The appellant, however, did not carry out the aforesaid orders of the authority and continued to remain unauthorisedly absent from duty with effect from 23.01.1992. Accordingly, a chargesheet dated 13/14.07.1992 was issued levelling the following charge against the appellant :'Gross neglect of duty and violation or orders is that Sri S.K. Bhattacharjee, Hav/Fire/GHY has been remaining absent from duty at his ow...

Tarun Chandra Dey Vs. State of Tripura and ors.

Court: Guwahati

B.B. Deb, J. 1. The question pertaining to interpretation of the provision of Order XLI Rule 22(1) of the Code of Civil Procedure is involved identically in both the cases and as such these are taken together for hearing and disposal. 2. The petitioners in both the cases challenged the order dated 10.7.2002, passed by the learned first appellate court in Cross-objection No. 21 of 2001 (arising out of Title Appeal No. 7 of 2001) and Cross-objection No. 22 of 2001 (arising out of Title Appeal No. 8 of 2001), by which the learned appellate court condoned the delay in filing the Cross-objections toy the defendant-respondents. 3. The petitioners of CRP No. 48 of 2002 filed a Civil Suit as plaintiffs in Title Suit No. 14 of 1999 seeking numerous reliefs. Likewise, the petitioners of CRP No. 49 of 2002 filed Title Suit No. 11 of 1999 seeking a good number of reliefs. The learned trial court decreed the suits in both the cases granting some reliefs to the plaintiff-petitioners while had refu...

Shyam Sundar Agarwal Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J. 1. The petitioner who was at the relevant time registered as the dealer under the Assam Finance (Sales Tax) Act, 1956, was assessed to tax under the aforesaid Act for the period ending 30.9.1971, 31.3.1972, 30.9.1972, 31.3.1973, 31.3.1974, 30.9.1974, 31.3.1975 and 30.9.1975 at nil rate by orders of assessment passed by the competentauthority under the Act. Thereafter by eight separate notices dated 14.6.1978 and 15.6.1978, the aforesaid assessments were sought to be reopened by invoking the powers under Section 11 of the Act. As there was some delay on the part of the petitioner in submitting his reply to the aforesaid notices, the concerned authority proceeded to finalize the proposed reassessments and accordingly levied tax on the petitioner. Against the aforesaid orders of reassessment, the petitioner filed appeals under the provisions of the Act and as the appeals were not entertained without necessary pre-deposit of tax, he had invoked the writ jurisdiction of ...

New India Assurance Co. Ltd. Vs. Amiya Prava Biswas and ors.

Court: Guwahati

B.B. Deb, J. 1. Heard Mr. D.K. Biswas, learned counsel for the appellant and Mr. S. Deb, learned senior counsel being assisted by Mr. R. Dasgupta, learned counsel for the respondent Nos. 1 to 5. 2. In a vehicular accident happened on 17.2.1991 at about 10-00 a.m. near Falgooni Charra on Assam Agartala road under Teliamura P. S. one Sudhir Biswas died. In that accident, two vehicles bearing No. TRT-1635 (Jeep) and TRS-879 (Bus) were involved. The wife and children of the deceased filed a petition under Section 166 of the Motor VehicleAct, 1988 (for short 'the Act') claiming compensation to the tune of Rs. 2,93,200. The learned Member Tribunal registered the case as T.S.(MAC) 118/1991 and having served notice upon the parties concerned, after recording evidences and on hearing arguments delivered the Judgment on 29.3.1997. The learned Member Tribunal held that both the vehicles involved in the accident were equally responsible. The vehicle TRS-879 (Bus) stood insured with the New Ind...

Binda Prasad Singh Vs. Presiding Officer, Labour Court and anr.

Court: Guwahati

I.A. Ansari, J. 1. By making this application under Article 226 of the Constitution of India, the petitioner, as a workman, has approached this Court with prayer, inter alia, to issue writ/writs setting aside and quashing the award, dated April 21, 1997, passed by the learned Labour Court of Assam, at Dibrugarh, in Reference Case No. 13/94 (Management of Jalannagar (South) Tea Estate, Dibrugarh v. Their Workman Shri Binda Prasad Singh) and commanding the respondent No. 2, namely, the Management of Jalannagar (South) Tea Estate to make available all such service benefits to the petitioner, which he would have enjoyed being in service till January 25, 1995, if he would have been allowed to continue to remain in service till attaining the age of 60 years. 2. The essential facts leading to the filing of this writ petition are not in dispute and the same may in a nutshell be put as under: In the service record of the Management petitioner's name stood recorded as Shri Binda Singh and not ...

R. Laldingliana Vs. State of Mizoram and ors.

Court: Guwahati

P.P. Naolekar, C.J. 1. The petitioner was appointed as Surveyor on adhoc basis and was posted at Kolasib under the Divisional Forest Officer in accordance with the Mizoram Forest Department Class III Posts, Recruitment Rules, 1975 vide order dated 16th May, 1997. On completion of the Control Surveying Computation Course, the petitioner services was regularised w.e.f. 24.1.1986. The adhoc services rendered by the petitioner was directed to be counted for the purpose of seniority, fixation of pay and for promotion to the higher grade. 2. On 11.12.1992, in exercised of the powers conferred by the proviso under Article 309 of the Constitution of India, framed rules relating to recruitment to the post of Rangers were to be filled-in by promotion and 50% of the posts of Rangers were to be filled-in by promotion and 50% by direct recruitment, the posts of Surveyors is one of the feeder post for promotion to the post of Ranger. The requisite qualification for the Surveyor for promotion under...

Utpal Choudhury Vs. State of Assam and ors.

Court: Guwahati

I.A. Ansari, J.1. Can a candidate, who in a competitive examination or interview held by an educational institute to select a member of teaching staff, stands lower, in order, in the merit list, be arbitrarily refused to be given appointment if the person or persons, whose name figured higher in the merit list, decline to accept offer of appointment Can the principles of 'approbate or reprobate' be applied against statutory rights or constitutional remedies What is the period of validity of a reject list prepared in respect of the posts of lecturer of Government aided Colleges in Assam and at what point, or time, validity of such a list commences These are some significant questions, which the present writ petition has raised.2. The case of the petitioner may, in brief, be stated as follows :The petitioner is an educated unemployed youth. He passed HSLC examination in the year 1990 and was placed under first division. He passed the HSSLC examination in science stream in the year 1992 ...

National Insurance Co. Ltd. Vs. Amiya Borbora and anr.

Court: Guwahati

I.A. Ansari, J.1. By making this application under Article 226/227 of the Constitution of India, the petitioner, namely, M/s. National Insurance Company Ltd. Tezpur, (Assam) has approached this Court seeking issuance of writ/writs setting aside and quashing the impugned order, dated 24-4-2000, passed by the learned Member, Motor Accident Claims Tribunal, Bomdilla, in MAC No. 1/98, whereby the learned Tribunal has directed the petitioner to pay No Fault liability amount of Rs. 50,000/- within 14 days, and seeking further directions to the respondent No. 3, owner of the vehicle No. AR-03-0162 involved in the accident, to make payment of the said No Fault liability amount.2. The material facts leading to this writ petition may, in brief, be stated as follows : The respondent No. 2 instituted a suit, as claimant, MAC No. 01/98 aforementioned claiming compensation on account of the death of her husband, late Arun Borbora, which was caused in an accident involving the vehicle No. AR-03-0162...

Pup Thangchhuana and anr. Vs. the North Eastern Hill University and or ...

Court: Guwahati

I.A. Ansari, J.1. What seniority-cum-merit means in matters of promotional avenues and how to abide by this principle are the two important questions, which hove been raised in this writ petition.2. In a nutshell, the case of the petitioners may, in brief, be stated as follows: The North Eastern Hill University (hereinafter referred to as 'NEHU') was established under the NEHU Act, 1973, the provisions of this Act was, initially, extended to the States of Meghalaya, Nagaland, Arunachal Pradesh and Mizoram with the headquarter of the University being located at Shillong. In course of time, two more campuses of the University, one each at Kohima in Nagaland and other at Aizwal in Mizoram, were established. Following a due selection process, the petitioners were appointed as Section Officer, the appointment of the petitioner No. 1 being on the strength of the order, dated 20.12.1984 (Annexure 1 to the writ petition) issued by the Registrar, NEHU and the petitioner No. 2 having been appo...

Chao Tan Mapoong Vs. State of Arunachal Pradesh and ors.

Court: Guwahati

1. By making this application under Article 226 of the Constitution of India, the petitioner, who was a District Agriculture Engineer, has approached this Court seeking issuance of appropriate writ/writs commanding the respondents to settle the petitioner's monetary benefits from the date of acceptance of his resignation from service and make payment of requisite monetary benefits legally due to the petitioner. 2. The petitioner's case, briefly stated, is as follows : While the petitioner was serving as a District Agricultural Engineer in the department of Rural Works Department, Arunachal Pradesh, he submitted his resignation from service on 1.9.1983 alleging that he had been illegally superseded. The respondents did not accept the resignation of the petitioner and instead, placed him under suspension vide order, dated 23.4.1984. The order of suspension was followed by framing of Article of Charge vide memorandum, dated 18.2.1985. However, the disciplinary proceeding against the pet...