Guwahati Court December 2003 Judgments
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Akbar Ali Vs. Director General of Assam Rifles and ors.
Court: Guwahati
Decided on: Dec-03-2003
B.K. Sharma, J.1. Heard Mr. R.P. Sharma, learned counsel of the petitioner and Mr. C. Choudhury, learned Sr. Central Government Standing Counsel for the respondents.2. In short, the facts leading to the filing of the writ petition is that the petitioner was promoted to the post of the Havildar/Clerk on 27.9.1987. He was demoted to the rank of Rifleman/Clerk by order dated 18.8.1988 on the ground of misconduct by participating in an agitation launched by the employees of the Assam Rifles on 6.7.1988 in violation of the code of conduct. The petitioner has not annexed the copy of the said order dated 18.8.1988.3. On 1.1.1990 the petitioner was again promoted to the rank of Havildar/Clerk by the communication (Annexure-A) dated 17.5.1990. However, the said order was cancelled by an another order (Annexure-B) dated 13.6.1990 before the petitioner could join the promotional post. Thereafter, the petitioner submitted numerous representations which yielded no results. Eventually by a communic...
Samimul Karim Vs. Sanjida Haque
Court: Guwahati
Decided on: Dec-03-2003
Amitava Roy, J.1. In this revision petition under Section 357/401 of the Code of Criminal Procedure read with Section 482 of the said Code, the petitioner has challenged the judgment and order dated 11.6.2001 passed by the learned Principal Judge, Family court in case No. F.C. (Crl) 40/2000 directing the petitioner to pay maintenance of Rs. 500 each to the respondent and her minor daughter with effect from 15.2.2000.2. I have heard Mr. A.S. Choudhury, learned counsel for the petitioner as well as Mr. M.K. Choudhury, learned counsel for the respondent.3. An application was filed before the learned court below under Section 125 Cr.PC by the respondent contending that she was the legally married wife of the petitioner, the marriage being solemnised on 22.12.1996 and that a female child was born on 13.1.1998. The respondent alleged that during her stay with the petitioner at Krishnai she was subjected to cruelty both physical and mental. On 16.11.1999 the respondent was compelled to leave...
Kirti Chandra Phukan Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-03-2003
B.K. Sharma, J.1. As agreed to by the learned counsel for the parties these two writ petitions involving the same parties are taken up together for decision. A common question of law is involved in both the writ petitions and the reliefs sought for are consequential to one another.2. In W.P. (C) No. 8204/2002, the petitioner has made a challenge to Annexure - VI order dated 29-8-2002 by which the respondent No. 4 was nominated as the Secretary of the Governing Body of Sadiya College for a period of six months. It is the case of the petitioner that he is the founder principal of Sadiya College and by virtue of operation of the relevant rules he became the ex-officio Secretary of the Governing Body of the College. By an order dated 30.1.2002, the Governing Body of the College was constituted for a period of three years and the senior most Lecturer of the College was made the ex-officio Secretary in place of the Principal. Being aggrieved, the petitioner approached this court filing W.P....
Safiul HussaIn Vs. Vice Chancellor, Assam Agricultural University and ...
Court: Guwahati
Decided on: Dec-03-2003
B.K. Sharma, J.1. The petitioner was appointed on 11.11.1970 as LDA/Typist in the Assam Agricultural University, Jorhat and eventually promoted to the post of Section Officer on the recommendation of selection committee and approval of the Vice Chancellor of the University by order dated 31.03.1974. In between he was given the promotions like Accountant and Assistant Section Officer pursuant to said order and promotion the petitioner joined the post of Section Officer on 01.04.1994. On 08.07.1995, by Annexure-E the petitioner was reverted to the post of Assistant Section Officer until further order. By the said order it was provided that he would draw the charge allowances admissible under the rules for the period he would be holding the post of Section Officer, meaning thereby that although he was reverted to be post of Assistant Section Officer, but in fact, he was allowed to continue in the post of Section Officer only with the charge allowances.2. The aforesaid order dated 8.7.199...
Paramesh Bhattacharjee and ors. Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Dec-02-2003
A.H. Saikia, J.1. Heard Mr. A.M. Lodh, learned senior counsel assisted by Mr. A. Lodh, learned Advocate for the appellants. Also heard Mr. A. Ghosh learned State counsel appearing for the State-respondents.2. This writ appeal has been carried from the judgment and order dated 25.7.1997 passed by the learned Single Judge in Civil Rule No. 10/ 1991 by which the writ petition filed by the five writ petitioners, viz, (1) Shri Paramesh Bhattacharjee, (2) Shri Utpal Debbarma, (3) Shri Gouranga Deb, (4) Shri Himanshu Sarkar and (5) Shri Gopal Ch. Dey was dismissed holding that there was no scope to interfere with the finding of the departmental authority under the writ jurisdiction. The instant appeal has been preferred only by 3(three) appellants, namely, Shri Paramesh Bhattacharjee, Shri Gouranga Deb and Shri Gopal Chandra Dey.3. It is settled law that the finding of the departmental proceedings need not be interfered with by a writ court in exercise of its power of judicial review unless ...
Indian Council for Child Welfare and anr. Vs. Bal Sevika Associations ...
Court: Guwahati
Decided on: Dec-01-2003
A.H. Saikia, J.1. Head Mr. A.K. Bhowmik, learned senior counsel assisted by Mr. A.K. Deb, learned counsel appearing for the appellants. Also heard Mr. B. Das, learned senior counsel assisted by Miss S. Das, learned counsel on behalf of the respondent No. 2. None appears for the respondent No. 1.2. This writ appeal has been directed against the impugned judgment and order dated 31.7.1996 passed by the learned Single Judge, by which the prayer of the writ petitioners/respondents has been allowed holding that the writ petitioners, being the Balsevikas appointed by the writ appellants, are entitled to the pay scales of Trained Primary or Secondary School Teachers and, accordingly, the appellants have been directed to implement the Government of India's Circular dated 13th August, 1963 within a period of six months from the date of passing of the judgment. It is also directed that till implementation of the recommendation, the respondents-appellants are directed to pay the writ petitioners...
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