Guwahati Court January 2008 Judgments
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Thokchom Ongbi Mani Devi Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jan-17-2008
K. Meruno, J.1. Heard Mr. M. Devananda, learned Counsel for the petitioner as well as Mr. H. Raghumani Singh, learned Addl. GA appearing on behalf of the respondents 1 to 3 and Mr. N. Ibotombi Singh, learned CGSC appearing for the respondent No. 4.2. In this writ petition, a very serious question is involved, i.e. the custodial death of one Thokchom Ingocha Singh. It is alleged that the personnels of the 7th Assam Rifles took away the said Thokchom Ingocha Singh on 30.10.2001 and thereafter he was killed by the said personnels of the 7th Assam Rifles.3. Counter on behalf of the respondent No. 4, i.e. the Commanding Officer, 7th Assam Rifles, has been filed. In the counter, the respondent No. 4 has denied all the allegations made in the writ petition and states that the said Thokchom Ingocha Singh was killed in. an encounter and his dead body was handed over to the Police. Accordingly, an FIR was filed being FIR No. 98(10)01 YPK-P.S., Under Section 400/309/307 IPC, 25(1-B) Arms Act and...
Phokan Sonowal and anr. Vs. State of Assam
Court: Guwahati
Decided on: Jan-11-2008
B.P. Katakey, J.1. This appeal by the convicts from jail is directed against the judgment of conviction dated 01.11.2001 recorded by the learned Addl. Sessions Judge-2, Tinsukia in Sessions Case No. 175(CH)/2000 convicting the appellants Under Section 302/34 IPC and sentencing them to suffer imprisonment for life and to pay a fine of Rs. 5,000/- each, in default, to undergo simple imprisonment for three months each.2. The prosecution case in brief is that on 20.2.2000 around 2.00 P.M., the Officer-in-Charge of Dholla Police Station, Sri Rukumuddin Hazarika (PW14) along with his police party went to Dhola Ajokhowa Gaon in connection with operation against a banned organization, namely ULFA. During the course of operation, they were informed about a dead body, which was lying in the field. Thereafter, they went to the place where such dead body was lying and found the same to be of Kuntil Sonowal. On the same day, an FIR was also lodged by the wife of Kuntil Sonowal, namely Smti. Khirod...
Ashok Kumar Roy Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-10-2008
Amitava Roy, J.1. The arrangement whereby respondentNo. 5 has been permitted to hold the charge of the Office of the Headmaster/Headmistress of Ram Krishna Vidyapeeth M.E. School, District Nagaon has been assailed in the instant petition.2. I have heard Mr. A.S. Choudhury, Senior Advocate assisted by Mr. R. Ali, Advocate for the petitioner, and Mr. M.K. Mishra, learned standing counsel for the Education Department and Mr. S. Dutta, learned Counsel for respondent No. 5.3. The petitioner's case in short is that he is a graduate in Arts and was appointed as Addl. Asstt. Teacher in the Ram Krishna Vidyapeeth M.E. School (hereinafter referred to as 'the School') on 1.3.83 and his service was regularized by order dt 1.3.93. The respondent No. 5 joined the school on transfer at her request on 20.10.04. The Headmaster of the school had retired on superannuation on 31.12.06. The District Elementary Education Officer, Nagaon by his order dt. 16.2.07 permitted the petitioner to hold the charge o...
State of Arunachal Pradesh and ors. Vs. K.K. Hazarika
Court: Guwahati
Decided on: Jan-10-2008
Hrishikesh Roy, J.1. Heard Mr. R.H. Nabam, learned Senior Govt. Advocate appearing for the appellants/respondents. Also heard Mr. T. Pertin, learned Counsel, representing the sole respondent/writ petitioner.2. The present writ appeal has been filed to challenge the order dated 23.06.2005 passed in W.P.(C) No. 324 (AP) 2005, allowing the writ petition filed by the respondent/writ petitioner.3. The writ petition was filed by the petitioner, who at the relevant time was posted as Assistant Engineer in the Rural Works Department (RWD), seeking a direction for his promotion to the post of Executive Engineer in terms of the Executive Engineer (Civil) Recruitment Rules, 1998 (hereinafter referred to as 'the 1998 Rules'). It was contended that the writ petitioner, who is an Engineering Diploma Holder, was promoted as Assistant Engineer on 26.05.1996 and in terms of the 1998 Rules, the writ petitioner having completed 8 years of regular service in the cadre of Assistant Engineer, was eligible ...
S.D. Majumdar Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Jan-10-2008
A.B. Pal, J.1. The petitioner (S.D. Mazumdar) is a Diploma Engineer (Mechanical), presently serving as SDO (Mechanical) at Aizawl, which is a Grade-V post of the Mizoram Engineers Service (for short MES). He was initially appointed on 24.06.1969 to the post of Sub-Engineer (Mechanical), Assam, and posted at Silchar. In July, 1969, he was transferred to Mizoram which was then autonomous district of Assam. On 21.01.1972 Mizoram came to be a union territory. The services of the petitioner and other non-gazetted employees were placed at the disposal of the Mizoram administration. He was promoted to the post of SDO/AE (Mechanical) on 21.04.1978. He was confirmed to the said grade on 19.04.1991. Since his promotion on 21.04.1978 the petitioner served in the same post/grade for more than 29 years without any promotion. He is going to retire on 31.01.2008 from the same grade (Grade-V).2. The 6th respondent (S.B. Bhattacharjee) is also a Diploma Engineer (Mechanical). He was initially appointe...
Madhab Barthakur Vs. Central Bureau of Investigation Through the Delhi ...
Court: Guwahati
Decided on: Jan-09-2008
I.A. Ansari, J.1. Heard Mr. K. Agarwal, learned Counsel for the petitioner, and Mr. D.K. Das, learned Standing Counsel, C.B.J., appearing on behalf of the opposite party.2. With the help of this criminal revision, the accused-petitioner has put to challenge the order, dated 29-11-2006, passed by the learned Special Judge, CBI, Guwahati, Assam, in Misc. Case 33/2006, which arose out of Special Case No. 63/2004. The ground of challenge is that the impugned order is not supported by any provisions of law contained in that behalf and also that in the facts and circumstances of the present case, a direction to the effect that if the accused-petitioner were held guilty of the offences, which form the subject-matter of trial, then, the entire re-invested money, with all benefits accruing thereto, would stand confiscated to the State. It is also contended by Mr. Agarwal that since the Prevention of Corruption Act, 1988, makes no provisions for confiscation following trial of a person under t...
Partha Sarathi Dutta and anr. Vs. Tripura Public Service Commission an ...
Court: Guwahati
Decided on: Jan-09-2008
A.B. Pal, J.1. In the above two cases the facts are similar and the questions of law to be decided are same and, therefore, I propose to dispose of them by this common judgment.2. Certain posts of lecturers in the Regional Institute of Pharmaceutical Science and Technology (for short 'RIPSAT') for teaching Diploma Course fell vacant. The recruitment rules provide the educational and other qualification for direct recruits in Item No. 7 of the schedule (Annexure-4 to the writ petition). A person with B. Pharm. Degree and three years' teaching experience is also eligible for the post if no candidate with M. Pharm. with two years' teaching experience or M. Pharm. in the respective discipline are not available. The Tripura Public Service Commission (hereinafter referred to as 'the Commission'), the first respondent herein, published an advertisement on 1.2.2005 specifically providing that the experience in question must be gained in full time employment. But the recruitment rules do not s...
United India Insurance Co. Ltd. Vs. Nilima Nandi and ors.
Court: Guwahati
Decided on: Jan-09-2008
T. Nandakumar Singh, J.1. Heard Mr. S. Dutta, learned Counsel appearing for the appellant/Insurance Company as well as Ms. R. Lahkar, learned Counsel appearing for the respondents i.e. respondent Nos. 1, 2 and 3. None appears for the respondent No. 4, Sri Upen Chandra Bhuyan.2. From the record of the present appeal it is clear that service of notice of present appeal to the respondent No. 4 had been properly effected. Over and above, Mr. S.K. Barkataki, learned Counsel had entered appearance on behalf of the respondent No. 4 by filing the Vakalatnama.3. By this appeal, the appellant/Insurance Company is challenging the judgment and award dated 16.12.99 passed by the learned Motor Accident Claims Tribunal, Darrang, Mangaldoi in MAC Case No. 2/92 only on one ground that the amount of Rs. 1,50,000/- (one lack fifty thousand) awarded as compensation for the motor accident which took place on 16.07.91 should not be fasten to the appellant/Insurance Company, inasmuch as, the respondent No. ...
Promod Das Pathak Vs. State of Assam
Court: Guwahati
Decided on: Jan-09-2008
I.A. Ansari, J.1. By the impugned judgment and order, dated 5-6-2004, passed by the learned Assistant Sessions Judge, Barpeta, in Sessions Case No. 5(B)/1993, the accused-appellant stands convicted under Section 376, I.P.C. and sentenced to undergo rigorous imprisonment for seven years and pay fine of Rs. 2,000/- and. in default of payment of fine, undergo rigorous imprisonment for a further period of four months.2. The case of the prosecution, in brief, is thus : The prosecutrix (SP) used to go, occasionally, to the house of the accused to help his sister-in-law in her domestic works. On 9-1-1992, on being asked by the sister-in-law of the accused, SP came to the house of the accused at about 12 noon and on that day, while the sister-in-law of the accused went to the nearby pond to wash clothes, SP started brooming the house. At that very moment, the accused came there, grabbed SP, pinned her down to the ground, gagged her mouth by a piece of cloth and forcibly had sexual intercourse...
Bimal Bhowmik (Dr.) Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Jan-09-2008
A.B. Pal, J.1. The petitioner was a Medical Officer of the Tripura Health Services. He retired on superannuation in the afternoon of 30.4.2002. Immediately before his retirement he held the post of Director of Health Services. After retirement a memorandum was issued on 18.6.2002 under the signature of the Under Secretary to the State Government in the General Administration (AR) department proposing to hold an inquiry under Rule 14 of the CCS (CCA) Rules 1965 deeming it a proceeding under Rule 9(2) (a) of the CCS (Pension Rules) 1972. The only charge against him is that though the post of Director of Health Services held by him is a non-practicing post, the petitioner engaged himself in private practice during his tenure in the said post.2. It has, however, been stated in the charge itself mat though the petitioner pursued his private practice beyond office hours in the morning and evening, but it amounted to violation of the notification No. F. 3 (222)-HFW/99.IV dated 2nd January 20...
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