Guwahati Court April 2003 Judgments
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Ramen Chandra Kalita and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-07-2003
Ranjan Gogoi, J.1. Both the writ petitions being directed against the promotion of the Respondent No. 4 made by order dated 19.9.2002 were taken up for consideration together and are being disposed of by this common judgment and order.2. The core facts are not in dispute and may be very briefly recited as hereinunder :The petitioner in WP(C) No. 6274 of 2002 Ramen Ch. Kalita was at the relevant point of time, at Sl. No. 19 of the gradation list of Executive Engineer in the Public Works Department of the State of Assam. The writ petitioners in WP(C) No. 6606 of 2002, i.e., Smti. Nayan Sarma and Hrisikesh Choudhury were placed at Sl. Nos. 14 and 43 of the said gradation list of Executive Engineer. The position of the Respondent No. 4 Ajoy Chandra Bordoloi in the said gradation list was at Sl. No. 61.Under Rule 13 of the Assam Engineering (Public Works Department) Service Rules, 1978 the post of Executive Engineer is a feeder post for promotion to the rank of Superintending Engineer. A s...
Bhupen Borah Vs. State of Arunachal Pradesh
Court: Guwahati
Decided on: Apr-04-2003
I.A. Ansari, J. 1. By making this application, the petitioner, who is a Sub-Inspector of Police under the Department of Home, Government of Arunachal Pradesh, has approached this Court seeking issuance of appropriate writ/writs setting aside the impugned order, dated 30.6.1992 (Annexure-IV to the writ petition) whereby penalty of reduction of pay by three stages for the period of three years without cumulative effect and postponement of increment of pay during the period of punishment has been imposed on the petitioner following a departmental proceeding drawn against the petitioner. 2. In nutshell petitioner's case may be stated as follows : The petitioner, on the basis of a transfer order, joined at Pasighat, on 5.11.1990, in the capacity of Sub-Inspector of Police. Before his transfer to Pasighat, the petitioner had, suddenly, fallen ill due to his posting at a place of high altitude. The petitioner had accordingly approached the respondent No. 3 and, upon examination of medical...
Raj Nath Dwivedi Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Apr-04-2003
I.A. Ansari, J. 1. By making this application under Article 226 of the Constitution of India, the petitioner, who was a teacher in the department of education, Government of Arunachal Pradesh, has approached this Court with prayers, inter alia, to issue writ/writs, commanding the respondent No. 2 to withdraw the memorandum, dated 11.12.1997 (Annexure 31 to the writ petition), whereby petitioner's service stands terminated, and restore the service of the petitioner, giving him place of posting, pay and dues etc. from the year 1990 along with interest and/or set aside and quashing the memorandum, dated 11.12.1997 aforementioned.2. In a nutshell, petitioner's case may be stated as follows :The petitioner was appointed temporarily as junior teacher and posted to Government Secondary School, Daporijo, vide letter bearing memo No. ED.2/APT/478/85, dated 16.9.1985 (Annexure 1 to the writ petition). Pursuant to the letter of appointment, the petitioner joined, on 6.11.1985, at the Government...
Abdul Mazid and ors. Vs. State of Assam
Court: Guwahati
Decided on: Apr-03-2003
P.G. Agarwal, J. 1. Heard Mr. A.S. Choudhury, learned senior counsel for the appellants and the learned P.P. 2. This criminal appeal is directed against the judgment and order dated 4.9.1996 passed by the Additional Sessions Judge, Nagaon in Sessions Case No. 66(N)92 (G.R. Case No. 2092/87), whereby the eight accused appellants were convicted for the offence under Section 307/34, IPC and sentenced them to Rigorous Imprisonment for four years and to pay a fine of Rs. 1,000 each in default further Rigorous Imprisonment for six months each. 3. The prosecution story, in brief, is that Md. Iman Hussain of Village Dhaniabheti Pathan under Batadraba P.S., Nagaon, had a plot of land and he grew paddy. On 19.11.1987 when they were harvesting the said paddy, the 8 accused appellants alongwith Abdul Jabber, father of Abdul Mazid, being armed with fire-arms and other weapons came to the place of occurrence and fired shots in order to take forcible possession of the land. Eight members of the co...
Assam Drug Dealers Association and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-03-2003
P.G. Agarwal, J. 1. This is an application filed by the Assam Drug Dealers Association for review of the order dated September 13, 2002 passed in W.P.(c) No. 2877 of 2000 [Indian Oil Corporation Ltd. v. State of Assam [2002] 128 STC 537 (Gauhati)] and other similar matters. In the above batch of writ petitions, it was held that the audit made by the concerned auditor under the Income-tax Act, if any, shall be deemed to be sufficient compliance of section 10A of the Assam General Sales Tax Act, 1993 and the audit report under rule 19A.2. Dr. Saraf has submitted that the petitioners have no grievance and no appeal has been filed by the either parties against the said order. However, in the impugned judgment, it was further provided that a report in forms XXXI and XXXI-A as required under Rule 19A be furnished along with the said report. It is, therefore, submitted that it needs to be clarified. In view of finding that the audit report under the Income-tax Act shall be deemed to be an a...
Principal, Kendriya Vidyalaya and anr. Vs. Uttam Bose and anr.
Court: Guwahati
Decided on: Apr-03-2003
A.H. Saikia, J.1. Heard Dr. B.P. Todi, learned senior counsel assisted by Ms. P. Baruah, learned counsel for the petitioners. Also heard Mr. M.U. Mahmud, learned counsel for the respondent.2. The legality and correctness of the impugned award dated December 28, 1999 passed by the learned Presiding Officer, Industrial Tribunal, Guwahati in Reference No. 1(C) of 1999 has been assailed in this writ petition. By the impugned order dated December 28, 1999 it was held by the Tribunal that the petitioner was not justified in not regularising the service of the respondent No. 1, workman, as Group 'D' employee and as the said action was illegal and improper. Answering the reference in favour of the workman, the Tribunal accordingly directed the petitioners to engage the respondent No. 1 in his service even on casual basis, if there was any regular post at present and regularise the respondent No. 1 as soon as vacancy arises.3. The factual matrix of this case in a nutshell is that the responde...
Biren Gogi Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-02-2003
S.K. Kar, J. 1. It was submitted that all these nine cases can be disposed of by a common judgment as the facts are similar. These are taken up for verdict accordingly.2. The petitioners, 15 (fifteen) in total, (7 in W.P.(C) 7136 and one each in others), submitted that they were selected by Sub-divisional Level Selection Board for Elementary education for appointment as L.P. School teachers in the meeting of the Board held on 29.12.1998 and the petitioners name appear in serial numbers 4, 5, 6, 7, 13, 15, 17, 18, 19, 41, 42, 43, 46, 76 and 77 of the list. The validity of the list was to continue till appointment of all of them is completed. That some of them fall under the OBC/ST quota of reservation. That the Assam Elementary Education (Provincialisation) Rules, 1977 provide for the method of recruitment and the Rules came into force with effect from 16.3.1977.3. Being selected, the petitioners contend that they were hoping to get the appointment letter as per their position in the ...
Ramesh Kumar Agarwal Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-02-2003
Ranjan Gogoi, J. 1. Heard Mrs. S. Kejriwal, learned counsel for the petitioner and Mr. N. Islam, learned Government Advocate, Assam. 2. For the assessment periods ending March 30, 1991, March 31, 1992, September 30, 1992 and March 31, 1993, demand notices were issued to the writ petitioner requiring him to pay on or before September 5, 1994 a total sum of Rs. 4,28,688 being the amount of tax and interest for the period ending as aforesaid. The petitioner not having paid the aforesaid amount, a Bakijai proceeding was instituted. Thereafter, it appears that the petitioner requested the authority to allow payment of tax and interest, as demanded, in instalments and the same was allowed and the petitioner was directed to effect payment in monthly instalments at the rate of Rs. 20,000. The petitioner cleared the dues by making payment in instalments and a certificate that the petitioner had paid the entire dues involved in Bakijai case in question was issued by the Superintendent of Taxes ...
Milon Chandra and ors. Vs. Shiva Prasad Chakravarty
Court: Guwahati
Decided on: Apr-02-2003
P.G. Agarwal, J.1. This revision is directed against the order dated 18-7-2001 passed by the learned Sessions Judge, Karimganj in Criminal Revision No. 67(3) of 1998.2. The facts leading to the present Criminal Revision in brief is that one Siva Kumar Chakravarty, the informant lodged an F.I.R. alleging commission of offence under Section 342/325, I.P.C. G.R. Case No. 772 of 1994 was registered and after investigation police submitted charge-sheet under Section 342/323/34, I.P.C.3. The case was tried by the Judicial Magistrate, Karimganj and order of acquittal was passed on 11-6-96 mainly on the ground that the prosecution has failed to adduce evidence. Thereafter, the informant feeling aggrieved filed a revision being Criminal Revision No. 67(3) of 1998 before the Sessions Judge, Karimganj and by the impugned order allowed the Criminal Revision setting aside the order of acquittal and remanded the matter back to the Chief Judicial Magistrate, Karimganj for fresh disposal in accordanc...
Sanatan Kalita Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-02-2003
Ranjan Gogoi,J 1. Heard Mr. B.K. Sharma, learned Sr counsel for the petitioner and Mr. N. Islma, learned Govt. Advocate, Assam.2. The writ petitioner was appointed as a Workcharged Section Assistant by an order dated 31.3.1995. The petitioner continued in service on the basis of the extension granted to him by the competent authority and thereafter, as orders were passed by the jurisdictional Executive Engineer to discontinue payment of the monthly emoluments of the petitioner, the instant approach to this Court has been made for appropriate directions for continuance of his service and for regularisation.3. No return has been filed on behalf of the State respondents. However, it is agreed at the Bar that while this writ petition continued to remain pending, by a Government Memorandum dated 30.10.2001, a policy decision has been taken to allow the Muster Roll, Workcharged and Casual Employees of the State appointed after 1.4.1993 to continue in service subject to their having complete...
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