Guwahati Court June 2008 Judgments
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Ramprabash Chowhan Vs. Tripura Road Transport Corporation and ors.
Court: Guwahati
Decided on: Jun-19-2008
U.B. Saha, J.1. In this petition under Article 226 of the Constitution challenge has been made by the petitioner to the order dated 25.9.1999 (Annexure-C to the writ petition), issued by the Managing Director, Tripura Road Transport Corporation, Agartala, respondent No. 2 herein directing recovery of an amount of Rs. 4,132.19 by instalments @ Rs. 500/- per month from the salary of the petitioner for the month of September 1999 payable in October 1999 onwards towards pecuniary loss sustained by the respondent Corporation due to short delivery of 223 kg of Mild Still Flat (M.S. Flat) by the petitioner as the said action was taken without following the procedure prescribed under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (herein after referred to as 'the Rules, 1965').2. Heard Mr. R Roy Barman, learned Counsel for the petitioner and Mr. R Dutta, learned Counsel for the respondent Corporation.3. The brief facts noticed from the writ petition are as follow...
Thingujam Homen Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jun-16-2008
T. Nandakumar Singh, J.1. Heard Mr. I. Lalitkumar Singh, learned senior counsel assisted by Mr. Th. Rommel Singh, learned Counsel appearing for the petitioner as well as Mr. Jallaluddin, learned Addl. Govt. Advocate appearing for the State respondents.2. By this writ petition, the petitioner is assailing the order of the Director of Sericulture, Government of Manipur dated 31st March, 2001 terminating the services of the petitioner. A short factual panorama of the petitioner's case is that pursuant to an advertisement for appointment to 3 (three) Grade IV posts in the Directorate of Sericulture, the Director of Sericulture, Government of Manipur issued notice dated 24th February, 1992 that the DPC for filling up the posts of Grade-IV will be held from 26th to 28th February, 1992. The petitioner and others appeared before the said DPC for appointment to the said 3(three) Grade-IV posts in the Directorate of Sericulture, Government of Manipur on the dates notified in the said notice dat...
Janardan Bezbarua and ors. Vs. Oil India Ltd. and ors.
Court: Guwahati
Decided on: Jun-13-2008
Hrishikesh Roy, J.1. The issue raised in all these three cases pertains to the proposed move of the respondent Oil India Limited (OIL) to conduct' seismic survey' in the Brahmaputra River Bed Areas for exploration of Hydro Carbon reserves. The seismic survey is under challenge by the petitioners on the ground that such survey over the River Brahmaputra would endanger marine life and would have an adverse environmental impact on the River Brahmaputra and its surrounding areas.2. More specifically the petitioners in PIL No. 77/2006 avers that the respondents ought not to be permitted to conduct the 'seismic survey' as it is likely to have an adverse impact on the environment and the eco-system of the State and even for the possible generation of economic prosperity through such 'seismic survey', which might result in discovery of Hydro Carbon, considering the likely damage to the eco-system and flora and fauna, the survey is too risky a proposition to be permitted.2.1. The petitioners i...
Mazir UddIn and anr. Vs. State of Assam
Court: Guwahati
Decided on: Jun-13-2008
Hrishikesh Roy, J.1. Heard Mr. N. Choudhury, learned Counsel appearing for the appellants. Also heard Mr. K.C. Mahanta, learned PP.2. This appeal is presented against the judgment and order dated 23.11.04 in Sessions Case No. 34/02, rendered by the learned Sessions Judge, Karimganj, whereby two accused appellants Mazir Uddin and Kabir Uddin have been convicted for murder of Reaz Uddin under Sections 302/34 IPC and have been sentenced to suffer rigorous imprisonment for life and a fine of Rs. 5000/- each, in default, to simple imprisonment for further one year.3. In the instant case the prosecution adduced as many as eight witnesses whereas only one defence witness was presented before the Trial Court.4. The prosecution case is that on 21.09.1999, Reaz Uddin (deceased) after attending a meeting for settling certain dispute was proceeding towards his house along with others when the accused Mazir Uddin & Kabir Uddin attacked Reaz Uddin with sharp weapons. Reaz Uddin shouted & cried for ...
Sima Biswas Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Jun-13-2008
Asok Potsangbam, J.1. Heard Mr. S. Deb, learned senior counsel assisted by Mr. S. Choudhury, advocate, for the petitioner and also heard Mr. S. Chakraborty, learned Additional Government Advocate, Tripura.2. The relevant facts which have given rise to this petition are stated as follows:The petitioner, who belongs to Scheduled Caste Community, was appointed to the post of Sub-Inspector of Unarmed Branch of Police (Women) in Tripura Police Department by an order issued on 31.01.1995 and, thereafter, she was sent for training at North Eastern Police Academy (NEPA), Barapani, Shillong, where she was awarded DGP Running Trophy and Silver Medal for proficiency in legal studies. Thereafter, on completion of training at Police Training College, Agartala, she was posted as Sub-Inspector of Police (UB) (Women) in the office of the SP (Reserved), West Tripura with effect from 30.01.1996. It is also stated that the petitioner was placed in second position amongst all the Sub-Inspectors (Men & Wo...
State of Nagaland and ors. Vs. Rothrongba Sangtam and ors.
Court: Guwahati
Decided on: Jun-13-2008
T. Nandakumar Singh, J.1. The present appeal is directed against the judgment and order of the learned Single Judge dated 4.2.2008 passed in WP(C) No. 105(K) of 2007 whereby and where under the learned Single Judge quashed the impugned termination order dated 23.5.2007 terminating the service of the respondents/writ petitioners, by giving liberty to the appellants to order appropriate screening of the respondents/writ petitioners afresh in terms of Rule 9 of 'Rules for recruitment of Constables of DEF and NAP in Police Department, Nagaland' and after such screening the appellants would be competent to take such decision as may be justified by the screening results by affording appropriate opportunities to the respondent/writ petitioners, if they are to be visited by adverse consequences.2. Heard Mr. B.N. Sarma, learned Senior counsel assisted by Mr. Apok Pongener learned Counsel for the appellants as well as Ms. Z. Zhimomi, learned Counsel for the Respondents/writ petitioners.3. A sho...
Dalmi Taye (Patir) and ors. Vs. State of Assam and anr.
Court: Guwahati
Decided on: Jun-13-2008
B.K. Sharma, J.1. The petitioners, numbering 3(three), are aggrieved by the order of termination of their services. The order was passed on 17.12.1999, but they are continuing in their services on the strength of the interim order passed by this Court on 22.12.1999.2. There is no dispute that the petitioners were appointed as Grade-IV employees de-hors the recruitment rules. The orders of their appointment reflect the same.3. By order dated 29.12.1998, the petitioners No. 1 and 2 were appointed as Seasonal Field Khalasi with effect from 2.1.1999. Thereafter, the petitioner No. 1 was appointed as Film Developer by order dated 7.5.1999. Similarly, the petitioner No. 3 was also appointed as Grade-IV employee with effect from 19.7.1999 against a transfer vacancy. The service of the petitioner No. 1 as Film Developer was dispensed with and thereafter, she was re-appointed as Zinc Corrector. By yet another order dated 6.11.1999, the petitioner No. 2 was temporarily appointed as Helper.4. Al...
Associate Enterprise Vs. Coal India Ltd. and ors.
Court: Guwahati
Decided on: Jun-13-2008
Jasti Chelameswar, C.J.1. Aggrieved by a common judgment and order dated 8.2.2007 passed in WP(C) No. 457/07 and WP(C) No. 458/07 the unsuccessful writ petitioner preferred the present appeals. By the said judgment and order the two writ petitions'were dismissed. Since the issue involved in the present appeals is same both the appeals are taken up for decision by this common judgment and order.2. The first respondent is a Limited Company and a Govt. Company within the meaning of Section 617 of the Companies Act.3. The dispute in the writ petitions is regarding the award of a contract in favour of the 6th respondent herein by the 1st respondent. The nature of the work covered by the contract is loading of coal from the railway siding to the railway wagons. The appellant, a registered partnership firm has been executing the work for the 1st respondent Company for the 18 years proceeding the transaction in dispute.4. The 1st respondent issued a tender notification dated 25.9.02 inviting...
In Re: RupIn Sharma and anr.
Court: Guwahati
Decided on: Jun-13-2008
A. Hazarika, J.1. The Deputy Commissioner, (Judicial), Nagaland, Dimapur submitted a report dated 17.09.05 to the Registrar, Gauhati High Court (Kohima Bench), Kohima, Nagaland regarding the contempt of Court committed by the Senior Superintendent of Police (CID) Mr. Rupin Sarmah, IPS and the Editor of the local daily, 'The Nagaland Page', Mrs. T. Monalisa Changkija bypublishirg a news item in the abovementioned daily in its issue dated 16th September, 2005 under an article captioned as 'Ex-director in Police net, more arrested.' In the said article the following statements have been made against the judiciary which are reproduced herein below:2. (a) The Court of the DC (Judicial), 'as expected' granted bail to Mr. A.S. Rengma, Retired Director of School Education, 'notwithstanding the hard facts that has reportedly established on him regarding bogus appointment of teachers.'(b) The Court has granted bail though the accused Mr. A.S. Rengma was absconding.(c) The police 'today questio...
Lakshmi Talukdar @ Lakhsmi Bala Talukdar and ors. Vs. State of Assam a ...
Court: Guwahati
Decided on: Jun-13-2008
A. Hazarika, J.1. Petitioners herein three in number from the same family have approached this Court under Article 226 of the Constitution of India seeking a writ of Mandamus for a direction to the Respondent No. 5 and other police personnel not to harass the petitioners in the name of investigation in connection with Bomdila P.S. Case No. 4 of 2007 and for a further direction to the Respondent Nos. 2 and 3 to conduct an enquiry in regard to the signature taken in the stamp papers from the petitioner No. 2 for preparing an agreement forcibly with a prayer to protect the lives and property of the petitioners from the hands of respondent Nos. 5 to 10.2. To understand the case of the petitioners from the pleadings set forth in the writ petition, a brief of facts in a nutshell is depicted hereunder:a) The Investigating Officer who belongs to Arunachal Pradesh alongwith other police personnel came to the residence of the petitioners at Ambikagirinagar, Zoo Road, Guwahati-24 on 1.3.2007 at ...
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