Guwahati Court January 2006 Judgments
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State of Tripura and ors. Vs. Nalini Kanta Majumder
Court: Guwahati
Decided on: Jan-04-2006
1. By this appeal instituted by the State of Tripura and other State functionaries, the judgment dated 14.3.2000 passed by the learned Single Judge in C.R. No. 271 of 1991 has been called in question.2. The material facts giving rise to the writ proceeding are that the respondent-petitioner while working as Upper Division Clerk (UDA) in the office of the Sub-Registrar, Dharmanagar, North Tripura faced a disciplinary proceeding on the charge that he contracted a second marriage during the life time of his first wife which is a misconduct within the meaning of the Service Conduct Rules applicable to him. After an enquiry into the charge framed against him, he was found guilty and was punished with compulsory retirement invoking the provisions under FR 56(J). In the writ petition, the said penalty was put under challenge on the ground that FR 56(J) could not be pressed into service as the respondent-petitioner did not complete 50 years of age. The second limb of argument advanced before ...
Jyotirmay Kar Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Jan-03-2006
B. Sudershan Reddy, C.J.1. This writ appeal arises out of the order dated 9.5.2005 made in W.P.(C) No. 181(K)/2000. The dispute centers around payment of subsistence allowance to the appellant for the period 1.8.1979 to 31.1.1980 as well as fixation of his scale of pay for the period 1.2.1987 to 28.2.1995.2. The learned Single Judge having regard to the nature of the dispute came to the conclusion that it would be appropriate to grant liberty to the writ appellant to approach the competent Civil Court if he is aggrieved by the calculation made by the official respondents as regards the payment of subsistence allowance as well as fixation of pay scale. The learned Single Judge took a very liberal view and held that the period of limitation in approaching the competent Civil Court shall be treated as condoned.3. We fail to appreciate as to how the appellant could have preferred this appeal even after getting substantial relief in the writ petition. The aggrieved party, if any, is the St...
Smt. Sashi Prabha Devi Vs. State of Assam
Court: Guwahati
Decided on: Jan-03-2006
P.G. Agarwal, J.1. This is an appeal under Section 374(2) of Cr. P.C. directed against the Judgment and order dated 29-3-2003 passed by the Additional Sesions Judge (Adhoc) Barpeta, Assam in Sessions case No. 185 of 2000 whereby the accused appellant Smt. Sashi Prabha Devi has been convicted for commission of offence under Section 306 IPC and sentenced to imprisonment for 3 years and to pay a fine of Rs. 2000/- in default to further imprisonment for 2 months.2. The accused Smt. Sashi Prabha Devi is the Head Mistress of Barnagar Girl's High School. The prosecution case is that Miss Labhita Nath was a student of Class IX of the said School in the year 1997 and in the year 1998 her name appeared in the students of Class X of the said School. Subsequently, the name of Labhita Nath was struck off as per order of the accused appellant, whereupon she met the accused appellant to enquire about the reasons for striking out the name. The student was informed that as she has not passed the Class...
Mudek Boje Vs. Chidananda Moral and ors.
Court: Guwahati
Decided on: Jan-03-2006
B. Sudershan Reddy, C.J.1. The fifth respondent in WP(C) No. 92(AP)/2005 is the appellant in this writ appeal. The appeal is directed against the judgment and order dated 19.8.2005 whereby and whereunder the learned Single Judge disposed of the writ petition with the following directions:(i) The respondents shall reconsider the matter towards suitable amendment of the impugned Recruitment Rules of 2005 so as to remove the anomalies pointed out above and also in Annexure-P9 letter dated 27.1.2005 relevant portion of which has been quoted above. While doing so they will also take into account Annexure-P8 communication dated 13.10.2004 enclosing therewith a chart laying down the job responsibility.(ii) In any case, the petitioner and for that matter the officers in the cadre of Dy. M.E.I.O. shall not be allowed to be superseded by their erstwhile juniors. The respondents will bear in mind that the petitioner once held the feeder grade/post of Health Educator way back in 1986 from which G...
Rup Jyoti Das Vs. Beron Saikia
Court: Guwahati
Decided on: Jan-03-2006
A.H. Saikia, J.1. Issue in lis:Whether the marriage solemnized between the appellant, Smt. Rupjyoti Das and the respondent Sri Beron Saikia under Hindu rites and rituals can be dissolved by a decree of divorce on being sought by the appellant on the ground of Cruelty and Desertion as embodied in Section 13(1)(ia) and (ib) respectively under the Hindu Marriage Act, 1955 (for short, 'the Act').Tenets of Hindu Marriage and Divorce:2. It is considered that the judgment would be benefited if purity and sanctity of the institution of marriage vis-a-vis scope of divorce as mandated under old Hindu Law is highlighted herein and the same is accordingly discussed.(i) Ancient Textual concepts:3. In Manusmriti, IX, P. 64-68, Manu declared that due performance of religious rites, faithfully worship, performance yagnas, highest conjugal happiness and heavenly bliss for ancestors and oneself all depend upon the wife. Hence wife is not just patni (wife) but dharrnapatni (partner) in performance of du...
Jagat Ram Barthakur Vs. State of Assam
Court: Guwahati
Decided on: Jan-03-2006
B. Sudershan Reddy, C.J.1. The appellant is the unsuccessful writ petitioner in WP(C) No. 6223/03. This appeal is preferred against the order dated 21.9.2004 passed by the learned Single Judge of this Court in the said writ petition.2. The appellant herein filed the writ petition challenging the paragraph 5 of the impugned Executive Order of the Governor notified on 3.12.1988. The Executive Order is known as 'Assam Geology and Mining (Recruitment and Conditions of Service) Order, 1988'. The said order was made regulating the recruitment and conditions of services of the persons appointed to the posts under the Geology and Mining Directorate pending finalization of Assam Geology and Mining Service Rules to be framed under the provision to Article 309 of the Constitution of India.3. Shorn of all the details, the case of the appellant as is evident from the facts stated in the writ petition is that he was appointed in the post of Chemist in 1970 in the Department of Mines and Minerals of...
BengIn Mack Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jan-03-2006
B. Sudershan Reddy, C.J.1. The short question that falls for our consideration in this writ appeal is whether the Child Development Project Officer (Group-B) Recruitment (Amendment) Rules, 2004 suffers from any vice and whether they are liable to be struck down on the ground that they are contrary to the guidelines issued by the Union of India.2. In order to consider that question, few relevant facts may have to be noticed. The writ appellant herein is at present working as Supervisor in the Social Welfare, Women and Child Development Department of the Government of Arunachal Pradesh. Her next promotion avenue is to the post of Child Development Project Officer (hereinafter referred to as 'CDPO') and her service conditions are regulated by the Rules called 'Child Development Project Officer (Group-B) Rules, 1995'. As per the Rules prior to the impugned amendment, the 50 per cent of the posts of CDPO are to be filled by direct recruitment and the remaining 50 per cent by promotion from...
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