Guwahati Court September 2003 Judgments
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Union of India (Uoi) Vs. Rajen Munda and ors.
Court: Guwahati
Decided on: Sep-02-2003
P.P. Naolekar, C.J.1. This petition by Union of India is directed against the order dated 6.3.2002, passed by the learned Central Administrative Tribunal (in short, CAT) at Guwahati in OANo. 292/2001. The facts of the case, in brief, are as follows :2. The Department of Posts, on public demand set up an Extra Departmental Branch Office at the village of Mitham Bangali. Employment exchange at Tezpur was asked to forward a list of probable candidates for the post of extra departmental branch post master for that branch office. A list of 3(three) candidates was forwarded by the employment exchange and the applications of 7 (seven) other candidates were received directly from the local advertisement. Thereafter a comparative list of 10 (ten) candidates was prepared and on verification of the candidatures of the applicants one Sri Biplab Sarkar was found to be the best and accordingly the said person was selected as Branch Post Master (BPM) of Mitham Bangali Branch Office on 20.6.2001 and ...
Union of India (Uoi) Vs. Hazera Khatun
Court: Guwahati
Decided on: Sep-02-2003
1. All these fourteen number of Writ Appeals were, by order, heard together and for the sake of convenience are being disposed of by this common judgment and order because the would relate to the same question of law involved and consist of either identical or similar questions of facts. The Union of India, represented by the Secretary, Health and Family Welfare (Rural Health Division), Government of India, is the appellant in all these appeals.2. The fact giving rise to the filing of the connected Writ Petitions and the presentation of these subsequent appeals may be given as hereunder. Mrs. Hazera Khatoon in her capacity as the General Secretary, All Assam Health Centres Female Attendants Association, filed a petition registered as WP(C) No. 5496/2001 (giving rise to Writ Appeal No. 535/2001). Several such petitions were presented by groups of Female Attendants of Health Centres' from the year, 1995 onwards and all of them were disposed of as 'covered cases', on the strength of ord...
State of Mizoram and ors. Vs. Vijaya Lakshmi Rai
Court: Guwahati
Decided on: Sep-02-2003
P.P. Naolekar, C.J.1. The facts of the case in brief are that the respondent herein Smti Vijaylakhsmi Rai during her tenure as Administrative Officer in Lallen and Tuipuibveri Group Centre in the year 1982-86 and 1986-88 has not deposited a sum of Rs. 1,02,194.16 and Rs. 5,66,583.33 respectively out of the sale proceeds of the rice of these two group centres and thus according to the State has misappropriated the said amounts. On the basis of the report dated 8.3.1990 submitted by the Deputy Commissioner, Aizawl State has issued a charge sheet. Enquiry Officer was appointed and enquiry proceedings were taken up against the respondent. In spite of several notices and WT messages served on the respondent she did not appear in the enquiry and the enquiry officer proceeded ex parte and found that the charges framed against the respondent are proved. A copy of the enquiry report was served on the respondent. The respondent was directed to pay the misappropriated amount within a period of ...
Suhas Palekar Vs. Badshah Hotel and Resorts
Court: Guwahati
Decided on: Sep-01-2003
T. Vaiphei, J. 1. This revision application under Section 401 read with 482 of the Cr.P.C. directed against the order dated 29-4-2002 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Crl. Rev No. 45(4) of 2001 affirming the order dated 6-10-2001 passed by the learned Additional Chief Judicial Magistrate, West Tripura, Agaratala in CR No. 1199/2000.2. The facts of the case in brief are that the petitioner is the Vice President, Corporate Human Resources Management and Communication of Kirloskar Brother Ltd. Having its office at Awas 11/46, Nirmal Boug Udyog Bhavan, Tilak Road, P.S. Pune, Pune/411 002. It is stated in the revision petition that Kirloskar Brothers Ltd. Employs more than four thousands workers and staffs in its establishment at its three factories located in Maharashtra and Madhya Pradesh and is having regional office and branch office all over the country. For the purpose of management and meeting the daily needs of the workers and staff, it is...
Jiban Ch. Deka and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-01-2003
Ranjan Gogoi, J.1. The petitioners in this group of cases except in WP(C) No. 6619/03, 3634/01 and 4794/2000, are teachers of different L.P. Schools, M.E/M.V., High and Higher Secondary Schools of the State of Assam, who were appointed by the managing Committee prior to taking over of the schools under the provisions of the Assam, Elementary Education (Provincialisation) Act, 1974 and the Assam Secondary Education (Provincialisation) Act, 1977. On such take over being effected, the services of the petitioners have not been provincialised. They, therefore, claim to be 'dropped teachers'. The petitioners in the 3 other writ petitions mentioned above, are similarly situated members of the non-teaching staff of the schools in question. The relief of regularisation of services is the essence of the relief claimed in the present bench of cases that have been grouped together.2. In view of the common thread that is discernible in each of the cases which give rise to a distinctly identifiabl...
Suboth Chandra Deb Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-01-2003
T. Vaiphei, J.1. By this writ appeal, the appellant is impugning the appellate judgment and order dated 19.7.1999 passed by the Ld. Civil Judge (Sr. Divn.) in his Title Appeal No. 8 of 1996 whereby he upheld the judgment dated 26.8.1996 passed by the learned Munsiff No. 1, Tinsukia decreeing the suit filed by the respondent herein in Title Suit No. 64 of 1986.2. Before proceeding further a brief history of the case is considered necessary for the sake of clarity. The petitioner had filed second appeal being RSA No. 171/99 before this court challenging the aforesaid appellate judgment dated 19.7.1999. The petitioner, however, withdrew the said Second Appeal and thereafter moved a writ petition being W.P.(C) No. 6230/99 before this court. The Ld. Single Judge by the judgment and order dated 31.5.2000 dismissed the writ petition holding that writ petition did not lie and that only civil revision would lie. It would appear that aggrieved by the judgment and order dated 31.5.2000, the peti...
R.K. Srivastava Vs. Badshah Hotel and Resorts
Court: Guwahati
Decided on: Sep-01-2003
T. Vaiphei, J. 1. This revision application under Section 401 read with Section 482 of the Cr. P.C. directed against the order dated 29-4-2002 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Cri. Revn. No. 46(4) of 2001 affirming the order dated 6-10-2001 passed by the learned Additional Chief Judicial Magistrate, West Tripura, Agartala in CR No. 1199/2000.2. The facts of the case in brief are that the petitioner is the Vice-President, Corporate Human Resources Management and Communication of Kirloskar Brother Ltd. Having its office at Awas 11/46, Nirmal Bong Udyog Bhavan, Tilak Road, P.S. Pune, Pune/ 411 002. It is stated in the revision-petition that Kirloskar Brothers Ltd. employs more than four thousands workers and staffs in its establishment at its three factories located in Maharashtra and Madhya Pradesh and is having regional office and branch office all over the country. For the purpose of management and meeting the daily needs of the workers and st...
Keshab Chandra Sharma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-01-2003
D. Biswas, J.1. The power and authority of the Deputy Commissioner in according sale permission is in challenge in this petition. The petitioner being aggrieved by the under-valuation of his land by the Annexures - 1 to 5, has approached this Court for a Writ of Mandamus directing the Deputy Commissioner not to insist upon or grant any land transfer/ sale permission except in accordance with the Land Policy of 1989 and the Urban Land (Ceiling and Regulation) Act, 1976.2. The petitioner with a view to dispose of his land within the Gauhati Municipal Corporation area applied to the Deputy Commissioner/ Kamrup for permission for sale of land on different occasions, and the Deputy Commissioner issued the permissions sought on 28.11.1995 and 16.9.1997. The Deputy Commissioner valued the different plots of land in between Rs. 30,000 to Rs. 40,000 per katha. It is pleaded that the permission for sale of land was also obtained by the petitioner on 20.3.1989 and no valuation was indicated ther...
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