Guwahati Court August 2003 Judgments
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Md. Maidul Islam and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-07-2003
P. P. Naolekar, C.J.1. In pursuance of a selection process, the petitioner/appellant applied for the posts of Lat Mandal for the amalgamated establishment of Deputy Commissioner, Kokrajhar. After following the procedure for selection of candidates a select list was published by the authority on 28.10.1998 containing names of 22 candidates in order of merits. Although the select list was published no appointment was made operating the select list and therefore before expiry of the life of the select list the petitioners approached this Court for seeking relief that they should be provided with the appointment in accordance with the select list prepared. The writ petition (WP(C) No. 4802/99) was dismissed by the learned Single Judge on the ground that during the pendency of the writ petition the validity of the select list has expired and thus no directions can be given by the writ Court. Aggrieved by the order dated 20.11.2001 the present appeal is filed.2. There cannot be any manner ...
Ninya Bagra Vs. State of Ap and ors.
Court: Guwahati
Decided on: Aug-06-2003
I.A. Ansari, J. 1. This writ petition has raised a fundamental question of service jurisprudence, namely, as to whether the period, which a government servant spends, while officiating on a promotional post, though not qualified for such promotion, shall be counted for the purpose of seniority in the promotional post if the officiating promotion is subsequently regularized.2. In a nutshell, the case of the petitioner runs as follows :The petitioner, a graduate Engineer (Electrical), was appointed as Junior Engineer, on 11.8.1992, in terms of the relevant recruitment rules called Arunachal Pradesh Administration (Public Works Department) Group-El posts Recruitment Rules, 1983 (hereinafter referred to as '1983 Rules'). Under 1983 Rules, a graduate Engineer appointed as a Junior Engineer was required to put in, at least, five years of regular service in order to qualify, for promotion to the post of Assistant Engineer-Subsequent to petitioner's appointment as Junior Engineer, a new set ...
Oni Dai Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Aug-06-2003
I.A. Ansari, J.1. This writ petition should serve as a reminder to the Government servants/Government employees that they are servants/employees of the Government and not of any superior officer or of any other person, however, high or mighty such a person may be, and that when a Government servant acts against the instructions/directions/orders of the Government in order to comply with the instructions/directions/ orders of his superior officer or of any other person, the law may not protect such an Act.2. In this writ application, the petitioner, an Assistant Conservator of Forest, in the Department of Forests, Government of Arunachal Pradesh, was, at the relevant time, holding the charge of the office of the Divisional Forest Officer, Khollong Forest Division, Balukpong. While the petitioner was so serving as DFO, In-Charge of the Division, during the year 1995-96, he allegedly issued permits for felling/removing of trees from the said Division for in excess of the quota fixed by t...
Amir HussaIn and ors. Vs. State of Assam
Court: Guwahati
Decided on: Aug-06-2003
1. In Sessions Case No. 3/99 arising out of GR case 563/97 Kokrajhar Police submitted charge sheet against 4 accused persons and the adhoc Addl. Sessions Judge, Kokrajha, on committal of the case, framed charge under Section 302/34 and also under Section 201 IPC against the appellants Md. Samirul Islam, Md. Hussain AH, Md. Mojibour Rahman and Amir Hussain. On conclusion of the trial, accused Mojibour Rahman was acquitted and the other three appellants before us were convicted under Section 302/34 and sentenced to rigorous imprisonment for life and to pay a fine of Rs. 5000 each, in default simple imprisonment for two years. They were also convicted under Section 201/34 IPC and sentenced to rigorous imprisonment for three years and to pay a fine of Rs. 1000/- each in default six months simple imprisonment. Both the sentences were directed to run concurrently. Hence the present appeal.2. The prosecution case in brief is that on 17.7.97 (Thursday) the deceased Opial SK went to the house ...
Mahadev Haldar Vs. State of Assam and anr.
Court: Guwahati
Decided on: Aug-06-2003
P. P. Naolekar, C.J.1. In a reference made by the State Government under Section 8 of the Illegal Migrants (Determination by Tribunal) Act, 1983, the Tribunal constituted under the act has entertained the reference and registered a case No. DDT 1442/2001 and the petitioner/appellant - Mahadev Haldar was issued a notice. The petitioner was declared as illegal migrant by order dated 16.3.2002. Aggrieved by the said order the petitioner/appellant preferred an appeal to the Appellate Tribunal. The Appellate Tribunal dismissed the appeal. Against the order of the Appellate Tribunal a writ petition (WP C No. 6988/2002) was preferred before this Court and the learned Single Judge by order dated 12.11.2002 dismissed the writ petition. Hence the present appeal.2. In the appeal preferred by the petitioner it is contended by the petitioner/appellant that he was not given appropriate opportunity to defend himself and the proceedings taken up by the Tribunal are contrary to well established norms...
Dharma Kanta Nath Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Aug-05-2003
Ranjan Gogoi, J.1. This Habeas Corpus petition has been filed by one Dharma Kanta Nath praying for a writ of Habeas Corpus for production of his son Sri Bipul Nath in the following facts and circumstances.According to the petitioner, on 7.10.2002 at about 2.30 A.M., his son Bipul Nath was picked up by some person in civil dress who appeared to be army/police personnel along with some surrendered militants. In the writ petition filed, it has been further stated that the aforesaid Bipul Nath was picked up from his residence at Survey, Beltola, Guwahati and that till the date of filing of the writ petition, i.e., 9.10.2002, the army/police personnel had not handed over the detenue Bipul Nath to the nearest police station as required under Section 5 of the Armed Force Special Powers Act, 1958. In the writ petition filed, it has been further stated that the son of the petitioner i.e. Bipul Nath is a contractor by occupation and though he is not involved in any militant or underground acti...
State of Assam and ors. Vs. Paritosh Karmakar and ors.
Court: Guwahati
Decided on: Aug-05-2003
I.A. Ansari, J.1. A long list of legal battles has, eventually, brought this appeal for hearing and decision before us. For the purpose of effective decision in this appeal, it is imperative to look into some of the relevant facts as reflected from the materials on records and the submissions made on behalf of the parties appearing before us.2. In a narrow compass, the facts leading to the present appeal may be narrated as follows :Department of Education, Government of Assam, sanctioned vide order, dated 18.1.1995, forty posts of Assistant Teacher of LP Schools for Bilasipara Sub-Division in the District of Dhubri, twenty of these posts being meant for Bilasipara West Constituency and the remaining twenty posts being for Bilasipara East Constituency. As a result of a selection process set on move following the said sanctioning of posts, respondent Nos. 1 to 39 made applications seeking appointments. On 8.5.1995, Bilasipara Sub-Divisional Level Advisory Board for Elementary Education ...
Gangadharan Nair Vs. State of Arunchal Pradesh and ors.
Court: Guwahati
Decided on: Aug-05-2003
I.A. Ansari, J.1. By this common judgment and order, I propose to dispose of the present batch of writ petitions.2. The petitioners, in the present writ applications, were initially appointed as LDCs on ad hoc by the respondent No. 3, namely, Deputy Commissioner, Lohit District, Tezu, the petitioner in WP (C) No. 405 (AP) 2002, namely Shri Gangadhar Nair having been appointed vide order, dated 11.3.1985, the petitioner in WP(C) No. 401 (AP) 2002, namely Shri Prasanna Kumar G having been appointed vide order, dated 28th June, 1984, with effect from 2.7.1984, the petitioner in WP (C) No. 398(AP) 2002, namely Smti Prasanna Kumari CR having been appointed vide order, dated 27.9.1984 with effect from 1.10.1984, the petitioner in petitioner in WP (C) No. 399(AP) 2002, namely. Shri Sambhu Kumar Tamang having been appointed vide order dated 7.8.1985, the petitioner in WP (C) No. 400 (AP) 2002, namely, Shri Mahendra Gogoi having been appointed vide order, dated 26.11.1984, the petitioner in WP...
Tade Nidak and ors. Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Aug-05-2003
I.A. Ansari, J.1. By this common judgment and order, I propose to dispose of the writ petition Nos. WP(C) 122 (AP) 2001, WP(C) 242 (AP) 2002 and WP(C) 385 (AP) 2002.2. The writ petitioners in the present set of writ petitions have been working as work charged/casual employees in the Public Health Engineering Department, Government of Arunachal Pradesh. The State of Arunachal Pradesh was, initially, a Union Territory. It had, initially, two major Public Works Departments, namely, Central Public Works Department, known as CPWD, and Agriculture Department. In course of time, the CPWD was replaced by Public Works Department, popularly known as PWD. Subsequently, the Public Works Department was bifurcated in Public Works Department and Power Department. Similarly the Agriculture Department was bifurcated into Agriculture Department and Rural Works Department. The Rural Works Department has been trifurcated in the year 1995, into three departments, namely, (i) Rural Works Department (herei...
Dr. Kalyani Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-05-2003
P.G. Agarwal, J. 1. Heard Mr. H. N. Sarma, learned senior counsel for the petitioner, Mr. S. N. Sarma, learned counsel appearing on behalf of respondent No. 4, Mr. Chutia, learned standing counsel appearing on behalf of respondent Assam Public Service Commission and Mr. Mushahary, learned Govt. Advocate.2. Both the writ petition Nos. 1016/2003 and 5691/2003 are disposed of by this common order.3. Both the writ petitions have been filed by Dr. (Smt.) Kalyani Das. The matter relates to selection and appointment for the post of Director of Health Service, Assam.4. Pursuant to the advertisement issued by the Assam Public Service Commission (for short the Commission) for the post of Director of Health Services, Assam, the petitioner before us who belongs to the Scheduled Caste community submitted her candidature for the said post but her candidature was not accepted on the ground that she had crossed the upper age limit, whereupon the petitioner approached this court in WP(C) No. 1016/200...
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