Court : Guwahati
N.G. Das, J.1. The petitioner who is a poor and illiterate cultivator of 65years has come up before this Court by means of this application under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to pay him a sum of Rs. 3,00,000/- as compensation for the tragic death of his 21 years old son on 23-8-1988 in his village, namley, Tungou due to electrocution as his long waiting for about five years to get monetary help from the respondents ultimately turned out barren and sterile.2. I have heard Miss. R.K. Sanatombi Devi, the learned counsel appearing on behalf of the petitioner and Mr. L. Shyamkishore Singh, the learned Government Advocate appear in on behalf of the respondents.3. To appreciate the contentions of the learned counsel for the parties the facts material for the purpose of disposal of this application may be stated as under :--The case of the petitioner is that his family consisted of his wife, three sons and one daughter a...
Tag this Judgment!Court : Guwahati
J.N. Sarma, J. 1. This Writ application originally was filed by one Suresh Chandra Barua with the prayer that the impugned order dated December 23, 1989, order dated November 26, 1989 and resolution communicated vide letter dated June 25/26, 1990 be quashed. 2. During the pendency of this Civil Rule the original Writ Petitioner died and his wife has been substituted in his place. 3. The brief facts are as follows: On January 27, 1973 the original petitioner (hereinafter called the petitioner) was appointed as Accounts Assistant in the Hindustan Fertilizar Corporation of India Limited. In the year 1978 and 1980 the petitioner was promoted to the post of Assistant Accountant and Junior Accounts Officer. In the year 1987 the petitioner was promoted to Accounts Officer, Grade-1 and he was transferred from Guwahati to Bhopal. On June 13, 1988 the petitioner while working at Bhopal was placed under suspension on certain allegations. On August 8, 1988 the petitioner was served with the memo...
Tag this Judgment!Court : Guwahati
J.N. Sarma, J. 1. These cases raise the question of legality, validity and constitutionality of Recovery of Debts Due to Banks and Financial Institution Act, 1993 (hereinafter called 'the Act'), and other actions related to the Debt Recovery Tribunal at Guwahati constituted under the Act ('Tribunal' hereinafter). 2. In all 350 cases were filed before the Debt Recovery Tribunal at Guwahati and out of such proceedings 211 writ petitions were filed before this court and stay was granted in those cases. There are some cases five in number arising out of cases filed by co-operative banks for recovery of their dues. The Debt Recovery Tribunal entertained them. The borrowers/ debtors have challenged this action on the ground that the Tribunal does not have the power to decide a suit filed by a co-operative bank, as the definition of 'bank' in the relevant Act does not cover a co-operative bank. These cases are separated from this bunch and they have been heard separately and separate judgm...
Tag this Judgment!Court : Guwahati
1. This is an application under Article 226 of the Constitution of India. The petitioner prays for a writ for setting aside the impunged order dated 5.3.1997 removing him from service as well as the order dated 23.6.1997 dismissing his appeal and also for reinstating him in service. 2. The petitioner was appointed as Constable of Mizoram Police on 11.4.1978 and was confirmed as such with effect from 12.4.1982 (Annexure-1). He was detailed as PSO (Personal Security Officer) to Mr. Rokamlova, the then Speaker of Mizoram Legislative Assembly. Shri Rokamlova for his private work sent the petitioner to Mamit area. At the residence of Pu Thimga at Mamit, the petitioner lost his service Revolver with 6 rounds of ammunition on 17.5.1996.According to the petitioner he proceeded to Zawlnuam and there he could realise that this Revolver was missing. He then rushed back to Mamit and made all effort to trace out the lost Revolver but when it proved futile he lodged a complaint and FIR in the Mami...
Tag this Judgment!Court : Guwahati
1. This is an application under Article 226 of the Constitution of India. The petitioner prays for a writ for setting aside the impunged order dated 5.3.1997 removing him from service as well as the order dated 23.6.1997 dismissing his appeal and also for reinstating him in service.2. The petitioner was appointed as Constable of Mizoram Police on 11.4.1978 and was confirmed as such with effect from 12.4.1982 (Annexure-1). He was detailed as PSO (Personal Security Officer) to Mr. Rokamlova, the then Speaker of Mizoram Legislative Assembly. Shri Rokamlova for his private work sent the petitioner to Mamit area. At the residence of Pu Thimga at Mamit, the petitioner lost his service Revolver with 6 rounds of ammunition on 17.5.1996.According to the petitioner he proceeded to Zawlnuam and there he could realise that this Revolver was missing. He then rushed back to Mamit and made all effort to trace out the lost Revolver but when it proved futile he lodged a complaint and FIR in the Mamit P...
Tag this Judgment!Court : Guwahati
H.K.K. Singh, J. 1. In this application filed under Article 226 of the Constitution of India the petitioner has challenged the order dated 29.6.1990 of the Governor of Tripura imposing penalty of with-holding of 3 (three) increments of pay with cumulative effect to the petitioner (Annexure-O to the writ petition) and also the letter dated 28.5.1992 issued by the Joint Secretary to the Govt. of Tripura by which the review application of the petitioner was rejected (Annexure-V to the writ petition). 2. At the relevant time the petitioner was serving as Executive Engineer, Public Health Engineering Division No. II at Kumarghat and in course of his duty he issued an indent for supplying of 2000 bags of cement from Stores Division, Arundhutinagar, Agartala, when cement could easily be collected from the nearest stock available at Dharmanagar. In connection with this the petitioner was put under suspension on 28.1.1983 and thereafter a disciplinary proceeding was initiated. 3. The charges...
Tag this Judgment!Court : Guwahati
J.N. Sarma, J. 1. This writ application has been filed by an employee of the Chief Judicial Magistrate, Morigaon challenging the order of dismissal dated 7.12.1998 passed by the Respondent No. 3, Chief Judicial Magistrate, Morigaon, Assam dismissing the petitioner from service. The petitioner was dismissed from service by holding an enquiry. Earlier this writ petitioner approached this Court by filing a writ petition being Writ petition (Civil) No. 299/99 and this writ petition came up for disposal before this court and on 8.2.1999 this court dismissed the writ petition on the ground that, there is alternative remedy available to the petitioner against the impugned order. Orders of the Chief Judicial Magistrate are appealable before the District & Sessions Judge, Morigaon and the petitioner should avail the alternative remedy. Accordingly an appeal was filed before the learned District & Sessions Judge, Morigaon under Rule 15 of the Assam Services (Discipline & Appeal) Rules, 1964. T...
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Amitava Roy, J.1. This application under Article 226 of the Constitution of India records a challenge to the decision taken by the respondents in a Geneal Court Martial, holding the petitioner guilty of committing of civil offence, i.e., murder, punishable under the Army Act, 1950 (hereinafter referred to as the Act) imposing on him the sentence of dismissal from service and imprisonment for life.2. We have heard Ms. Rita Das, Mazumdar, advocate for the petitioner as well as Mr. P.N. Choudhury, Addl. Central Govt. Standing Counsel for the respondents.3. The fascicule of facts necessary for the disposal of the instant application can be presented, thus :The petitioner who at the relevant time was a permanent Jawan of 28 Assam Rifles, being No. 2851019 Rifleman (General Duty), a person subject to Army Act as Sepoy under Section 4(1) of the Act, read with SRO 117 datred 28.3.1960, SRO 318 dated 6.12.1962 as amended by SRO 325 dated 31.8.1977 was charged as follows to be tried by the Gene...
Tag this Judgment!Court : Guwahati
P.K. Sarkar, J. 1. These two cases involve the same question of fact and law and therefore, these two petitions are disposed of by this common order.2. In WP(C) 62/00, the petitioner who is a state Government pensioner, challenges the legality of the Notification of the Government of Tripura in the Finance Department No. 8(4)-Fin(G)79-II by which the earlier notification dated 2.7.1992 has been clarified. The petitioner prayed for quashing the said notification. The petitioner further prayed that the direction given by the High Court in its judgment dated. 22.4.1997 in Civ. Rule 259/95 be complied with by the state respondents. It is submitted that the petitioner retired from the post of Physical Instructor under the Education Department of the Government of Tripura on 1.1.1990. The State Government employees get their pension as per provision of the CCS (Pension) Rules, 1972 as adopted by the Government of Tripura in the Finance Deptt. by Notification dated 8.8.1978. The Dearness Al...
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2004)(1)SLJ195CAT
1. The issue is identical is all the four O.As. concerning the legitimacy of the impugned order dated 10.9.2002 transferring the four applicants from Agartala Postal Division. The text of the order is reproduced below: '"The Chief Postmaster General, North Eastern Circle, Shillong hereby ordered the transfer/posting of the following officials of Agartala Postal Division under Rule 37 of P&T Manual Vol. IV to have immediate effect and in the interest of service. The above four (4) officials who are being transferred out of Agartala Postal Division should be relieved within 14th September, 2002 positively. If they are not relieved within the stipulated date, they will be deemed to have, been relieved. The Sr. Supdt. of P.Os., Meghalaya Division, Shillong will immediately issue the posting order in respect of Shri Janardhan Debnath and Shri Haru Das Gupta. The Supdt. of P.Os., Dharmanagar Division will also immediately issue the posting order in respect of Smti Aniva Dutta and Smti A...
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