Guwahati Court April 2007 Judgments
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Simanta Jyoti Baruah and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-13-2007
I.A. Ansari, J.1. By this common Judgment and order, I propose to dispose of all these three writ petitions, for, all these writ petitions are inextricably linked with each other and the decision, if rendered in any of these three writ petitions, would have a bearing on the out come of the remaining writ petitions.2. The respondent No. 4, namely, Golaghat Development Authority (in short, 'G.D.A.') published, on 31.10.2006, Notice Inviting Tender (N.I.T.) for construction of two Storm Water Drains in two different localities of Golaghat town. The project in respect of one such drains is called GMSD-I, the approximate value whereof is Rs.1.29 Crores, and the other project of the drain is called GMSD-11, the approximate value whereof is Rs.81 lakhs. While offering their bids, the bidders were required to quote their rates on percentage basis up to digits of two decimals only. The tender documents were opened on 21.11.2006. The summary sheets for evaluation of tender documents were prepar...
Smt. Fullara Debbarma Vs. the Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Apr-12-2007
1. Heard Mr. A.K. Bhowmik, learned senior counsel assisted by Mr. S. Ghosh and Mr. Mangal Debbarma, learned Counsel for the petitioner, Mr. P.K. Biswas, learned Assistant Solicitor General, appearing for the Union of India and Mr. B. Das, learned senior counsel assisted by Mr. N. C. Paul, learned Government Advocate appearing for the respondents No. 2 and 3.2. In present writ petition, the petitioner, the wife of Sri Hebal Abel Koloy alias Holong the detenu has prayed for quashing the detention order dated 19-12-2006 (Annexure 14 to the writ petition) passed by the respondent No. 3, the District Magistrate and Collector, Dhalai District; Ambassa, under Sub-section (2) of Section 3 read with Sub-section (3) of Section 3 of the National Security Act, 1980 (for short 'the Act 1980). The said detention order indicates that with a view to prevent the abovementioned detenu from acting in any manner prejudicial to the security of the State and maintenance of public order within the local lim...
Tarik Doke and ors. Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Apr-12-2007
B.K. Sharma, J.1. The challenge made in this writ petition is the Annexure-7 notification dated 3rd July, 2006 by which the Arunachal Pradesh Public Service Commission, under the signature of its Secretary, has notified the selection for appointment of the incumbents named therein as Junior Specialist Doctors in the disciplines mentioned against each candidate.2. The petitioners as well as the private respondents are the MBBS degree-holders with Post Graduate degree/diploma in different streams. In response to the advertisement dated 24th January, 2006 for 31 posts in different disciplines, the petitioners and the private respondents along with others offered their candidature. It is submitted that for 31 posts, only 50 applications were received. In terms of the advertisement in which it was notified that the selection would be made through viva-voce test and interview only, the selection was conducted by the Public Service Commission and pursuant to such selection, the impugned noti...
Kalyan Kumar Gogoi Vs. Ashutosh Agnihotri and anr.
Court: Guwahati
Decided on: Apr-12-2007
B.P. Katakey, J.1. A public notice of intended election was published on 04.03.2006 by the Returning Officer of No. 116 Dibmgarh Legislative Assembly Constituency, inviting nominations of candidates for such election as required under Section 31 of the Representation of the People Act, 1951 read with Rule 3 of Conduct of Election Rules 1961, specifying the place at which the nomination papers are to be delivered, with the following schedule.(i) Issue of notification : 10.03.2006.(ii) Last date for making nomination: : 17.03.2006.(iii) Security of nomination papers : 18.03.2006.(iv) Last date for withdrawal of candida- ture : 20.03.2006.(v) Date of poll : 03.04.2006.(vi) Counting of votes : 11.05.2006.(vii) Date before which election process shall be completed : 20.05.2006.2. The election petitioner, the approved candidate of Indian National Congress; the respondent No. 2, the approved candidate of Bharatiya Janata Party as well as 6 other persons filed their nomination papers to conte...
Madhab Chandra Talukdar Vs. Central Bureau of Investigation
Court: Guwahati
Decided on: Apr-11-2007
H.N. Sarma, J.1. This Appeal is filed under Section 27 of the Prevention of Corruption Act, 1988 read with Section 374(2) of the Code of Criminal Procedure, 1973 challenging the conviction and sentence imposed upon the accused/appellant vide judgment and order dated 9-7-1979 passed by learned Special Magistrate, Kamrup, Assam in Special Case No. 52(C)/94 convicting the accused/appellant under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for 1 (one) year and to pay fine of Rs. 10,000/-, in default, further imprisonment for 3(three) months.2. Heard Mr. J.M. Choudhury, learned senior counsel assisted by Mr. P. Katakey, learned Counsel appearing on behalf of the appellant and Mr. D.K. Das, learned standing counsel, CB1 appearing for the respondent.3. On the basis of an information lodged by the Superintendent of Police, CBI dated 24-4-1993 R.C. Case No. 9(A)/93 SH was registered by police wherein it has bee...
Paresh Chandra Baruah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-10-2007
B.K. Sharma, J.1. Heard Mr. B.K. Mahajan, learned Counsel for the petitioner as well as Mr. B.C. Saikia, learned state counsel representing the Respondents No. 1, 2 and 3. Also heard Mr. B.C. Das, learned Senior counsel representing the respondent-Board. I have also heard Mr. D.C. Borah, learned Counsel representing the Respondent No. 5, who has been arrayed as party respondent to-day.2. By means of this writ petition, the petitioner, a Senior Environmental Engineer under the Board holding the charge as the Member Secretary, has assailed the legality and/or validity of the Annexure-6 communication dated 26th February, 2007 issued by the Government of Assam in the Environment and Forests Department directing him to hand over charge of Member Secretary to the senior most Officer/Engineer on his superannuation with effect from 28.2.2007. It is the Respondent No. 5, who claims to be the senior most Officer/Engineer of the Board and thus, is entitled to take charge as the Member Secretary....
Malik (Md.) and ors. Vs. State of Manipur and anr.
Court: Guwahati
Decided on: Apr-10-2007
B.D. Agarwal, J.1. A batch of 42 Home Guards have filed this writ petition seeking a writ of Certiorari so as to quash their suspension/release/discharge orders issued by the Commandant, Home Guard (VA), Government of Manipur on different dates during the period spreading from 1992 to 1997. The impugned orders have been enclosed with the writ petition collectively, which have been marked as Annexure-A/1. Besides this, the petitioners are also seeking a writ of Mandamus so as to direct the respondents to reinstate the petitioners with all conssequential benefits and back-wages.2. Heard Mr. H.S. Paonam, learned Counsel for the writ petitioners at length. The respondents were represented by Shri Th. Ibohal, learned Addl. Govt. Advocate. To supplement his oral submissions the learned Govt. Advocate has also submitted written submissions. I have also perused the impugned orders and other documents filed with the writ petition. It may be mentioned here that no counter-affidavit has been fil...
Sujit Paul Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-09-2007
B.K. Sharma, J.1. The petitioner, an Assistant Teacher of Harakishore High School, Hailakandi is aggrieved by the order dated 29.8.2006 passed by the Commissioner and Secretary to the Government of Assam in the Education Department by which it has been held that the Respondent No. 4 is senior to the petitioner and consequently, she will hold the charge of Headmistress in the school till regular appointment to the post is made.2. The petiioner was first appointed as an Assistant Teacher in another school called J.C.H.S. School, Hailakandi and he was so appointed on 17.2.1992. After about 4 years, he was transferred to the present school by order dated 30.1.1996 and as per the condition imposed in the order, the petitioner would be the junior-most teacher of the school. The condition imposed was that upon his transfer to the present school, he would not claim seniority over the other staff of the school. For the transfer, no T.A. & D.A. was also admissible to the petitioner. Going by th...
Anindya Basumatary Vs. Food Corporation of India and ors.
Court: Guwahati
Decided on: Apr-09-2007
B.K. Sharma, J.1. The challenge in this writ petition is to the decision of the official respondents towards qualifying the respondent No. 5 in technical bid and opening of the price bid and pursuant thereto the negotiation held with the respondent No. 5 in respect of the tender enquiry.2. The petitioner is an existing contractor under the respondent Corporation in respect of transportation of food grains, etc. In response to the Notice Inviting Tender (NIT) dated 04.10.2006 in two bid tendering system (technical bid and price bid) from the intending tenderers for transportation of food grains from Ex-Rly. siding/station, Gossaigaon to FCI, FSD, Gossaigaon for two years on regular basis for the estimated value of contract Rs. 1,04,86,000 (approximate), the petitioner responded to the same by submitting his tender. As per the NIT stipulation, price bid of only those tenderers who qualified in the technical bid was to be opened. By a corrigendum dated 26.10.2006, the eligibility criter...
Hareswar Das Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Apr-09-2007
B.K. Sharma, J.1. The challenge made in this writ petition is the selection of the respondent No. 5 for allotment of Retail Outlet Dealership (R.O.D.).2. In response to Annexure-A notice for appointment published in the issue of the 'Asamia Pratidin' dated 06.05.05, the petitioner submitted his application on 08.06.05 in the prescribed format along with supporting documents. The notice was issued for appointment of R.O. Ds. in various locations in Assam, Arunachal Pradesh, Meghalaya and Manipur. The locations were also indicated in the notice and the petitioner submitted his application for Digboi-Bogapani N.H. 38 in the revenue District of Tinsukia. The locations were indicated as 'at or in vicinity of the locality.'3. According to the petitioner he has shown suitable plot of land within the vicinity of the location for which dealership was to be offered. The land offered by the petitioner is situated at Borhil-2, Digboi, Survey No. 29, Hissa No. P. Patta 12 on N.H. 38 details of whi...
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