Guwahati Court July 2003 Judgments
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Abani Kumar Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-23-2003
P. P. Naolekar, C.J.1. Heard Mr, S. K. Medhi, the learned counsel appearing on behalf of the appellant and Mrs. A. Hazarika, learned Addl. Senior Government Advocate appearing on behalf of the respondents.2. A petition has been filed by the appellant for his salary as subject teacher for the period from 1.8.1998 to 8.4.1999 on the following facts and circumstances.3. The petitioner was a subject teacher in Hindi and was working in Dispur Government Higher Secondary School. On 4.7.1998 the petitioner was transferred from Dispur Government Higher Secondary School to Tezpur Govt. Girls' Higher Secondary School. Aggrieved by the order of transfer, the petitioner filed a writ petition and the learned Single Judge of this court has granted stay of the transfer order on 22.7.1998. Thereafter the matter was taken up and the writ petition was dismissed on 31.3.1999. It is the case of petitioner that in spite of the stay order of his transfer granted by this court, the authority has not permitt...
Dr. Biren Das Vs. Tezpur University and ors.
Court: Guwahati
Decided on: Jul-23-2003
D. Biswas, J.1. Registrar, Tezpur University issued the advertisement dated 5.4.2003 calling for applications for the post of Finance Officer and Deputy Director (Training and Placement). The writ petitioner who is an Assistant Registrar of the University having requisite qualification, applied for the post of Deputy Director (Training and Placement). Twelve candidates including the writ petitioner appeared before the Selection Committee on 22.4.2003. The composition of the Selection Committee surprised the writ petitioner. The Selection Committee was comprised of eight members contrary to the provisions in Section 9 of the Statute-2 which provide for the composition of the Selection Committee by six members. The Selection Committee comprising eight members is a nullity and any recommendation made by them is void in the eye of law. According to the writ petitioner, the Selection Committee was constituted with ulterior motive to select a person of their choice. Aggrieved thereby, the p...
Ramesh Chandra Kalita Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-23-2003
Ranjan Gogoi, J. 1. The selection of the respondent No. 6 and his subsequent appointment as Principal of the Tezpur College sometime in the year 1998 is the subject-matter of challenge in the present proceeding.A Select List of candidates eligible for appointment as Principals in the Aided Colleges of the State was prepared under Rule 10 of the Assam Education Department Selection (Amendment) Rules, 1981 on 7.5.1997. The petitioner was placed at Sl. No. 121 of the said list whereas the 6th respondent's name appeared at Sl. No. 174. Thereafter, an advertisement was published in the newspaper on 14.12.1997 by the President of the Special Body (Governing Body of Tezpur College) inviting applications from persons selected by the State Selection Board for the post of Principal of the Tezpur College. Both the writ petitioner and the 6th respondent along with other candidates applied pursuant to the aforesaid advertisement. A selection process was held by a Selection Board constituted by th...
Principal-cum-secretary, B. Barooah College Vs. Utpal Choudhury and or ...
Court: Guwahati
Decided on: Jul-22-2003
Ranjan Gogoi, J.1. Aggrieved by the order of the learned Single Judge nullifying the decision of Special Body (Governing Body) of the B. Barooah College to re-advertise the post of Lecturer in Botany and the further direction issued for the appointment of the writ petitioner to the said post, the Special Body has filed the instant appeal.2. The facts necessary to decide the appeal may be briefly stated as hereunder :On 19.3.1999, an advertisement was issued inviting applications for filling up the post of Lecturer in Botany in the B. Barooah College. The writ petitioner, who is the Respondent No. 1 in the present appeal, along with many other candidates submitted their applications and an interview was held for selection of candidates for the said post on 31.5.1999. Pursuant to the aforesaid selection, a select list of three candidates was prepared, wherein the name of the Respondent No. 1 was arrayed at Sl. No. 2. The Selection Board was reconvened on 13.8.1999 to award marks to the ...
Buishi Yada Motors Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Jul-22-2003
I.A. Ansari, J. 1. As a functionary of the State Government, it is essential for a Government servant to be vigilant and ensure that no evasion of tax takes place, but while attempting to stop such evasion of tax, the Government servant must know what his powers under the law are and if he has such powers, its exercise must not be arbitrary; otherwise, a Writ Court is bound to interfere and correct the position.2. Viewed dispassionately, the case of the petitioner emerges to be as follows:The petitioner is an authorized dealer having service centre of Maruti Udyog Ltd., at Nahariagun, in the State of Arunachal Pradesh. As a dealer of the Maruti Udyog Ltd, the petitioner carries on the business of selling and servicing of motor vehicles of the said company. The petitioner sells motor vehicles of the said company in the State of Arunachal Pradesh as well as in the course of inter-State trade and commerce. The sale of motor vehicles within the State of Arunachal Pradesh are taxable at t...
Sarju Paswan Vs. Assam Agricultural University and ors.
Court: Guwahati
Decided on: Jul-21-2003
Ranjan Gogoi, J. 1. The brief facts of the case which would be necessary to complete the adjudication required, may be cited.The petitioner was appointed as a Night Chowkidar in the then Assam Agricultural College at Jorhat on 24.11.1967. The college became a constituent college under the Assam Agricultural University by virtue of the Assam Agricultural University Act, 1968. The petitioner continued to be in employment under the University and by an order dated 27.3.1987, he was granted the revised scale of pay applicable to University employees. At the time of entry into service, the date of birth of the petitioner was recorded as 1.1.1935. The petitioner subsequently submitted an application for correction of date of his birth to 2.12.1944 and the said application was accompanied by a certificate issued by the school where the petitioner studied. The claim made by the writ petitioner was accepted and by order dated 2.2.1995, he was informed that his date of birth is now recorded as...
Union of India (Uoi) Vs. Nirmali Sarma
Court: Guwahati
Decided on: Jul-21-2003
P.P. Naolekar, C.J. 1. Heard Mr. B. Sarma, the learned Additional Central Government Standing Counsel appearing on behalf of the petitioner and Mr. A. Khalique, the learned counsel appearing on behalf of the respondent.2. The respondent's husband, late Hem Chandra Sarma, was serving as Sub-Post Master at Bamun Bari Sub-Post Office. His service has been terminated by an order dated 26.6.1989. It appears that the service of the respondent's husband has been terminated on the charge that he remained absent from service and for defalcation of certain amount of the Post Office. The order of termination has been challenged by the wife as her husband died on 7.7.1998.3. The Central Administrative Tribunal, Guwahati after consideration of the entire materials placed on records and the records of the alleged enquiry has found that the termination order has not been preceded by any intimation to the respondent's husband of the enquiry and as a result thereof the Central Administrative Tribuna...
Putul Konwar and ors. Vs. Oil and Natural Gas Corporation Ltd. and ors ...
Court: Guwahati
Decided on: Jul-21-2003
P. P. Naolekar, C.J.1. The appellants, who were appointed as Firemen under the Assam State Fire Service Organistion of the Government of Assam, have been sent to the Oil and Natural Gas Corporation Ltd, (for short, 'ONGC') on deputation on the request made by the ONGC to the Government of Assam. Since a question arose as to what would happen to the persons who have been sent on deputation - whether they would be absorbed in the service by the ONGC, by a letter dated 30.12.1997, the Administrative Officer (P&A;) of the ONGC written to the Under Secretary, Home Department, Government of Assam that the existing contract which was effective for one year was extendable at the discretion of the ONGC, and the matter regarding permanent absorption can be looked into separately only after one year, subject to vacancy position, ONGC personal policy at that time, and suitability of the incumbents on deputation.2. The officers sent on deputation have worked with the ONGC initially for a period of...
Manager Tarajuli Tea Estate Vs. Presiding Officer, Labour Court and an ...
Court: Guwahati
Decided on: Jul-21-2003
Ranjan Gogoi, J. 1. An exparte award dated 4.1.1994 passed by the learned Labour Court at Guwahati in reference Case No. 9/89 as well as an order dated 29.6.1994 refusing to set aside the aforesaid exparte award is the subject matter of challenge in the present proceeding. 2. The facts, in brief, may be noted at the outset: By Government Notification dated 8.9.1989, the following two questions were referred for adjudication to the learned Labour Court, Assam at Guwahati : (a) Whether the management of Tarajuli Tea Estate, P.O. Rangapara, District Sonitpur are justified in dismissing sarbashri (i) Herod, (ii) Lashman, (iii) Bishnath, (iv) Suderson, (v) (2) Rabindra, (vi)(i) Muno, (vii) Ajoy, (viii) Amti (2) Asha (ix) Smti (1) Champa, (x) Smti Rajkali and (xi) Smti. Anyadhani with effect from 2.9.88? (b) If not are the said workmen entitled to reinstatement or any other relief in lien thereof? 3. After the notification referring the aforesaid two questions was received by the learned...
Sohanlal Sharma and anr. Vs. State of Assam
Court: Guwahati
Decided on: Jul-21-2003
S.K. Kar, J. 1. This is an application under Sections 397, 401 and 482 of Cr.P.C. read with Article 227 of the Constitution of India to invoke Criminal Revisional jurisdiction of this Court against the judgment and order dated 30.10.1998 passed by the learned Sessions Judge, Kamrup, in Special Case No. 2/1996 under Section 7 of the Essential Commodities Act, 1955 and convicting the petitioners to suffer S.I. for 3 months and also to pay fine Rs. 1,000 each with a default sentence.2. Heard learned counsel appearing for the revision petitioners. None appears for the respondent.3. The petitioners herein were owner of M/s. Maa Kali Restaurant, of Gosala Bazar, Maligaon, Guwahati, as sweet-meat shop-cum-restaurant who were found to have in their possession two domestic LPG cylinders on 27.3.95 when restaurant was inspected by Inspector of Food and Civil Supplies accompanied by Sub-Inspectors. The cylinders were seized and offence report was submitted for violation of Clause 6(1)(c) of th...
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