Guwahati Court July 2005 Judgments

Deboranjan Saikia and ors. Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J.1. Both the writ petitions having raised common questions of law on more or less identical facts were heard together and are being answered by this common judgment and order.2. The facts are somewhat long and a detail narration thereof will be necessary to understand the issues arising in the two cases under consideration. The facts being largely similar the court finds it convenient to recite the facts of W.P.(C) No. 2594/2005 and thereafter answer the issues arising in the said writ petition. The decision of the court in the aforesaid writ petition, i.e., W.P.(C) No. 2594/2005 will provide an effective answer to the issues arising in the connected writ petition, i.e., W.P.(C) No. 5033/2004.W.R(C)No. 2594/20053. The writ petitioners, who are 17 in number, are presently working on ad hoc basis either as Assistant Enforcement Inspectors or as Enforcement Checkers. Their present tenure of service is upto such time that regular appointments in the said posts are made and ...

Sri Kameswar Das Vs. the State of Assam

Court: Guwahati

Anima Hazarika, J.1. The lone accused has been convicted by the trial Court under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life, along with fine of Rs. 2000/- (Rupees two thousand), in default of payment another 6 (six) months rigorous imprisonment. The instant appeal has been preferred from jail by the accused challenging the legality and validity of the conviction and sentence passed by the trial Court.2. Prosecution case in short was that on 15-7-1995 at about 7.30 p.m. the victim went to the house of the accused to settle the dispute arose over a betel nut tree belonging to the accused fell on the dwelling house of the victim due to storm. The said betel nut tree was cut by the victim and kept in the side of the residence of the accused and as a result the mother of the accused had continuously abusing the family of the victim. As soon as the victim reached the residence of the accused, he was hacked with a dao by the accused and the victim di...

Jibanendu Saha Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2006)(2)SLJ47CAT

1. The applicant was originally appointed as an Assistant Station Master on 7.9.1962. Later he was promoted as Station Superintendent in the scale of pay of Rs. 7450-11,500 in the year 1993. The applicant was medically decategorised on 4.8.1998 and was declared fit for appointment to C/one and C/two medical categories. The applicant was directed to appear for a suitability test for medically decategorised staff on 12.8.1998. Accordingly the applicant appeared before the authority and on finding him suitable, he was absorbed as Chief Controller (Control) in the scale of pay of Rs. 7450-11500 against the existing vacancy on 6.10.1998 (Annexure-I). The applicant joined the said post on 8.10.1998, but from 10.10.1998 he was not allowed to work and his name was struck off from the attendance register. The applicant then submitted a representation dated 30.10.1998 for allowing him to perform his duties followed by a reminder request dated 20.11.1998 (Annexures-II and III series). The applic...

Sri Lienkhawthang Varte Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2006)(92)SLJ126CAT

1. The applicant belongs to S.T. community. He was initially appointed as U.D. Clerk in the Office of the Commissioner of Income Tax, NER, Shillong in the year 1984. While so, he applied for the post of Rehabilitation Officer pursuant to a Notification dated 25.03.1986 issued by the Union Public Service Commission (U.P.S.C, in short). He was selected and appointed as Rehabilitation Officer in the Office of the Directorate General of Employment and Training under the Ministry of Labour, Government of India. Accordingly, he joined as Rehabilitation Officer on 25.03.1986. A gradation list (Annexure-II) was published on 01.01.1989 in which the applicant was placed at SI.No. 8 as a S.T. candidate. On 27.11.1996, the applicant submitted a representation to the 3rd respondent for consideration of his promotion to the post of Superintendent against the reserved post of S.T.. Three (3) posts of Superintendents which fell vacant in the year 1997 were filled up on ad hoc basis as per order dated...

Vinod Trading Co. Vs. State of Assam and ors.

Court: Guwahati

Amitava Roy, J.1. The common grievance in this batch of writ-petitions relates to reassessment of tax under Section 18(1) of the Assam General Sales Tax Act, 1993 (hereinafter referred to as 'the Act') on account of claimed escapement of turnover of the petitioner at the time of initial assessment for the assessment year 1994-95, The statutory appeals having failed, the petitioners have invoked the writ jurisdiction of this Court. The petitions were heard together and are being disposed of by this judgment and order.2. I have heard Dr. B.P. Todi, learned Senior Counsel for the petitioner and Mr. K.N. Choudhury, learned Senior Counsel for the Revenue.3. The introductory facts in brief, pleaded by the petitioners would be necessary as a prelude.4. The petitioners are the wholesale dealers registered under the Act and the Central Sales Tax Act, 1956 carrying on business of potato, onion, garlic, etc., on consignment basis with their principal place of business at TR Phukan Road, Fancy Ba...

State of Assam Vs. Sri Bir Bahadur Singh

Court: Guwahati

P.G. Agarwal, J.1. This suo motu revision Has been initiated by this Court against the Order dated 9-5-2003 passed by the learned Judicial Magistrate; Darrang, Mongoldoi arid the subsequent order passed by the Sessions Judge, Darrang in Criminal Revision 21(D2)/2003.2. We have heard the learned Public Prosecutor, Assam. None has appeared for the respondent although notices were duly served.3. The facts leading to the present revision may be briefly noted :-In CR case No. 233/2002 the trial Court convicted the two accused persons Raja Ram Singh and Madan Singh under Section 447, IPC and sentenced them to pay a fine of Rs. 500/- in default further imprisonment for 15 days. The two accused persons were also 'convicted under Section 426, IPC and sentenced to pay fine of Rs. 500/- in default further imprisonment for 15 days. Feeling Aggrieved, the accused persons preferred ;'Criminal Appeal 10(D-3}/2002 and the appellant Court affirmed the order of conviction and sentence but, however, gra...

Gopal Lekharu Vs. State of Assam and anr.

Court: Guwahati

P.G. Agarwal, J.1. The respondent/ complainant Smt. Hira Lekharu filed a complaint being CR Case No. 742/1988 alleging inter alia that she was married to the accused-petitioner Gopal Lekharu on 9-5-1981 as per Hindu rites and thereafter they lived as husband and wife. She was, however, subjected to cruelty on the ground that she has not brought sufficient dowry and subsequently she was driven out of the house on 1-3-1983. The petitioner-husband filed a divorce suit No. 16/83 for dissolution of the marriage but the said suit was dismissed against which the petitioner filed First Appeal No. 32/86 and the appeal was also dismissed. The complainant further alleged that on 27-11-1987 during the subsistence of the earlier marriage and while his spouse was living, the accused-petitioner has entered into a second marriage with one Anupama Lekharu and at present he is living with the said second wife. The trial Court framed charges under Section 494, IPC on the basis of the evidence of the six...

Dr. Sadhan Dutta Vs. State of Tripura and ors.

Court: Guwahati

A.B. Pal, J.1. The petitioner was a Medical Officer in Grade-Ill of the Tripura Health Services (for short THS') w.e.f. 14.12.1977 and was placed in-charge of the Department of Gynaecology in the Indira Gandhi Memorial Hospital (for short IGM Hospital), Agartala w.e.f. 12.8.1987. On 21.11.1990 he was promoted to Grade-II of the said service and posted as Head of the Department of Gynaecology of the said Hospital. He was, however, not happy with the working condition in the said hospital and awkward situation had often developed due to nonavailability of certain incentives for proper treatment of patients for which he had to face irate patient parties. The situation gradually turned worse compelling him to proceed on leave from time to time and from 1989, he had to take long leave, spell by spell. On 14.11.1990 he resumed duties after expiry of leave. Again he went on leave on several occasions and finally on 15.5.1991 he submitted a conditional resignation expecting that the State res...

Md. Jakir HussaIn Vs. State of Assam and anr.

Court: Guwahati

Reported in: [2005(106)FLR980]

Ranjan Gogoi, J.1. Heard the petitioner in person as well as Mr. U.K. Nair, learned Amicus Curiae, appointed by the Court. Also heard Mr. H.K. Mahanta, learned Government Advocate, Assam.2. The present being the third approach to this Court made by the petitioner, it will be necessary to briefly notice what had happened earlier and what has occasioned the repeated approaches by the petitioner to this Court.Claiming a right of regularization in service the petitioner had approached this Court for the first lime in the year 2001 by instituting a writ proceeding registered and numbered as W.P.(C) No. 8140/2001. The claim of regularization made in the aforesaid writ proceeding was on the basis that the writ petitioner had worked as a muster roll employee in the Directorate of Geology and Mining from 1.3.1991 to 31.3.1997 except for a small break from 27.10.92 to 31.3.93. This Court by order dated 3.12.2001 closed the aforesaid writ proceeding by directing the Government to consider the cas...

Smt. Renu Prabha Bora Vs. State of Assam and ors.

Court: Guwahati

Reported in: [2005(107)FLR674]

R.B. Misra, J.1. Heard Mr. S.D. Choudhary, learned Counsel for the petitioner and Mr. V.M. Thomas, learned Standing Counsel for the department.2. In this petition prayer has been made for issuance of writ of mandamus, for directions to respondents not to force the petitioner to go on retirement till his superannuation on 30.6.2005. Further prayer of the petitioner is also to quash the letter dated 21.8.2002 whereby, the Block Elementary Education Officer (in short called BEEO) North West Block, Jorhat has indicated that the petitioner after completing 58 years on 31.10.2002 as per service book shall be superannuated accordingly.3. According to the learned Counsel for the petitioner, he was appointed as Assistant Teacher in No. 20 Blmyanchuk LP School and 31.6.1947 was recorded as date of birth in the Service Book, while entering into the service in-the year 1962, she is due to attain the age of superannuation (i.e. 58) years on 31.6.2005 but, the Block Elementary Education Officer, Nor...