Court : Guwahati
P.K. Musahany, J.Heard Mr. A Zhimoml, learned Counsel for the petitioners and Mr. L. S. Jamir, learned senior Govt. Advocate for the official Respondents.1. These two Writ Petitions raise common issues, both in facts and law, and have been heard and considered together, they are being disposed of by this common judgment and order. For the sake of convenience, the essential facts are being noted from WP (Crl.) No. 2(K)/07.2. Looking back a little. Prior to formation of the State of Nagaland on 1.12.1963, the only enactment concerning the conduct of the Government servants was the Delhi Special Police Establishment Act, 1946, which was in force in the erstwhile Nagaland Hills Tuensang Areas of both Kohima and Mokokchung Districts. It was vide Assam Regulation No. XII of 1951 and vide Act 3 of 1951, the Prevention of Corruption Act, 1947 (now amended in 1988), came into force in the Naga Hills Tuensang in the District of Kohima and Mokokchung respectively vide Assam Government's Notifica...
Tag this Judgment!Court : Guwahati
Amitava Roy, J.1. These appeals script a third bout of relentless, obdurate and animated legal tussle for seniority in the Assam Police Service (hereinafter to as the 'Service') between two classes of recruits. Their induction had been on the basis of two independent processes claimed to be drawn up under the Assam Police Service Rules, 1966 (hereafter referred to as the 'Rules') in the Junior Grade of the service. At this point of time, most of them as is submitted at the Bar, have been promoted to the Senior Grade.2. The appellants in Writ Appeal No. 448/2004 and 465/2004 assert to be special recruits contemplated under Section 5(1)(c) of the Rules. Leading the challenge in the rival faction is the appellant in Writ Appeal No. 459/2004, a recruit under Rule 5(1)(a) of the Rules. For the sake and convenience, two classes of recruits as above are hereafter referred to as special recruits and direct recruits respectively. The challenge in principal is against the judgment and order dat...
Tag this Judgment!Court : Guwahati
U.B. Saha, J.1. As agreed by the learned Counsel of both sides, this revision petition is taken up for final disposal at the admission stage itself.2. By filing the instant application under Section 397 read with Section 401 of the Code of Criminal Procedure (herein after referred to as 'the Code') as well as under Article 227 of the Constitution of India, the petitioner has challenged the order of the learned Judicial Magistrate 1st Class, Court No. 5, Agartala, West Tripura dated 18.6.2008 passed in N.I. Case No. 113 of 2007 whereby and whereunder the learned Judicial Magistrate 1st Class rejected the prayer of the present petitioner who is the accused in the aforesaid case No. N 1. 113/07, for production of income tax return of the complainant, respondent No. 2 herein, for the assessment year 2004-05 to 2006- 07 and fixed the matter for hearing on the question of maintainability of the case/proceeding on 21.6.2008.3. Heard Mr. S.M. Chakraborty, learned senior counsel, assisted by M...
Tag this Judgment!Court : Guwahati
Reported in : [2009]151CompCas583(Gauhati)
I.A. Ansari, J.1. By this common judgment and order, I propose to dispose of both these criminal petitions inasmuch as both these petitions have arisen out of the same order, which stands impugned in these criminal petitions, and both have been, on the request made by learned Counsel for the parties, heard together.2. By making these applications under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), the petitioners have sought for setting aside and quashing the order, dated May 30, 2007, whereby cognisance of offences under Sections 406/409/420/120B/34 of the IPC has been taken by the learned Additional Chief Judicial Magistrate, Kamrup, and summons have accordingly been directed to be issued against the present petitioners as accused.3. I have heard Mr. J.M. Choudhury, learned senior counsel, appearing on behalf of the accused-petitioners, and Mr. G.N. Sahewalla, learned senior counsel, appearing on behalf of the complainant-opposite party. I hav...
Tag this Judgment!Court : Guwahati
S.C. Das, J. 1. The genesis of both the writ petitions, is an incident, which occurred on 23.09.2003 at about 5.00 pm in the office premises of National Research Centre for Mushroom(for short, NRCM), at Chambaghat, Solan, Himachal Pradesh. Both the respondents, Dr. Sarveswar Dayal(hereinafter referred to as Dr. Dayal) and Dr. Yash Gupta(hereinafter referred to as Dr. Gupta) are husband and wife and they were on their official duty, while working as Scientist(Senior Scale) under Indian Council of Agricultural Research(for short, ICAR). 2. Having considered the submissions, made by learned counsel of both side, both the writ cases are taken up together for hearing and disposal, since the cases arose out of same incident and identical question of law and fact, involved in both the cases for decision by this Court. Therefore, this common judgment shall govern both the cases. 3. NRCM is an organization having its office/establishment at Solan, Himachal Pradesh under ICAR. The petitioners, h...
Tag this Judgment!Court : Guwahati
1. Heard Mr. A.K. Bhowmik, learned senior counsel appearing for the petitioner as well as Mr. A. Ghosh, learned State counsel appearing for the respondents. 2. The petitioner who was serving as the Assistant Investigator under the Directorate of Economics and Statistics, Govt. of Tripura did not attend his duty for a long period from 11-05-1993 till filing of the memorandum of charges on 19-09-1994. Having no knowledge of the said proceeding the petitioner filed a petition before this Court challenging the action of the respondents for not allowing him to resume the duties. The said writ petition being W.P.(C) No.203 of 2002 was ultimately withdrawn by the petitioner when he came to know that the disciplinary proceeding had been drawn up against him. By the order dated 19-11-2007 this Court allowed the petitioner to withdraw the writ petition with liberty. 3. It appears from the records so produced by Mr. A. Ghosh, learned State Counsel and also from the counter affidavit filed by the ...
Tag this Judgment!Court : Guwahati
Judgment and Order: I.A. Ansari, J. 1. Standing before us, as the petitioner in this writ petition, made under Article 226 and 227 of the Constitution of India, is a decorated officer of the Indian Air Force, a recipient of Visistha Sewa Medal, presently holding the rank of Air Commodore after having served the Indian Air Force since 1983 as a fighter pilot of the highest caliber with an impeccable and unblemished service record. The petitioner has come to this Court, having been unsuccessful in invoking the jurisdiction of the Armed Forces Tribunal (hereinafter referred to as the AFT), the petitioners grievance being that he is a victim of harassment, humiliation and persecution in a systematic, concerted and vindictive manner by the respondents, because the petitioner had raised his voice against mal-administration and corruption leading to low quality of construction of Airbase for operation of well known Sukhoi-SU-30 MKI Aircrafts. 2. The case of the petitioner, leading to filing o...
Tag this Judgment!Court : Guwahati
I.A. Ansari, J. 1. When the people fear the government, there is tyranny. When the government fears the people, there is liberty. Thomas Jefferson, the principal author of the Declaration of Independence (1776) and the third President of the United States (18011809) 2. Article 21 is one of the most cherished provisions in our Constitution, which prohibits the State from depriving a person of his life and liberty except according to the procedure established by law. However, what happens if by the States action, which has been neither sanctioned by a legislation nor has been taken in valid exercise of its executive powers, the ineffaceable mandate of Article 21 gets smudged. This is precisely the issue, which the appellant has been, for almost a decade of litigation, urging the court to decide. Having been unsuccessful in his attempt to convince the Court in his writ petition of the correctness and righteousness of his contentions, the appellant is, now, before us, seeking a revisit to ...
Tag this Judgment!Court : Guwahati
Oral: 1. Heard Mr. M. Bhuyan, learned counsel for the petitioner as well as Mr. P.J. Phukan, learned Standing Counsel for Pollution Control Board, Assam. 2. By filing this application under Article 226 of the Constitution of India, the petitioner, namely, Syed Mahmud Ali, has challenged the office order dated 22.07.2013 imposing penalty of withholding 2 (two) Annual increments and debarring him from promotion for 3 (three) years under Rule 7 of the Assam Services (Discipline and Appeal) Rules, 1964. The petitioner is an Assistant Engineer in the Regional Office of the Pollution Control Board, Assam, at Nagan. On 05.12.2012 the Regional Executive Engineer being the in-charge of the aforesaid regional office received an application from one Dilmonjoy Bathori of M/s D. and J. Enterprise, Dima Hasao, for obtaining consent to establish an industry. According to the petitioner, upon receipt of the application dated 05.12.2012 the Regional Executive Engineer forwarded the application to him o...
Tag this Judgment!Court : Guwahati
Judgment and Order (Cav) 1. Heard Mr. A. Barbora, learned senior counsel assisted by Mr. R. Goswami, learned counsel for the petitioner. Also heard Mr. M. Choudhury, learned Standing Counsel, Higher Education Department appearing on behalf of the official Respondents No. 1 and 2 and Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. B. Chakraborty, learned counsel appearing for the private Respondent No.4. 2. Pursuant to the letter of the State Government in Higher Education Department bearing No. AHE.42/2015/7 dated 08.10.2015 and as per the provisions of Section 3(c) of the Assam College Provincialisation Act, 2005, as amended in 2012, and in the interest of public service; the Director of Higher Education (DHE), Assam by his order No. G(B)Misc./121/2013/Pt./98 dated 09.10.2015 transferred the Respondent No.4, Principal of K.C. Das Commerce College, Guwahati and posted him at Gauhati Commerce College, Guwahati and by the same order the DHE further transferred the petitioner,...
Tag this Judgment!