Gauhati High Court
Gauhati HC Directs Govt To Reconsider Case Of Candidates With Experience As Home Guards, SPOs In 2017 Recruitment For Constables Under Assam Industrial Security Force
The Gauhati High Court recently directed the Assam Government to reconsider the case of candidates who had previous experience as Home Guards and then Special Police Officers (SPOs) for the recruitment process of Constables under the Assam Industrial Security Force in 2017, by allotting two marks for such certificates wherein the period of service either as Home Guards or SPOs has not...
Daily Wager Employed By State Without Issuance Of Advertisement Or Selection Process Isn't Entitled To Claim Protection From Retrenchment: Gauhati High Court
The Gauhati High Court single bench of Justice Michael Zothankhuma dismissed a writ petition noting that neither an advertisement was issued, nor any selection process was followed before engaging the employee as an occasional daily wager. It further held that State Bank of India (SBI) is State under Article 12 of the Constitution. Therefore, it would have to make appointments...
Gauhati High Court Seeks Status Report On Pending Cases Against MPs/MLAs From Assam, Nagaland, Mizoram & Arunachal Pradesh
The Gauhati High Court on Wednesday directed the Registrar General of High Court to present a status report with regard to the number of pending cases along with status and stay orders in these cases pertaining to MPs and MLAs in the four states under its jurisdiction namely- Assam, Nagaland, Mizoram and Arunachal Pradesh.The said direction was passed in a suo moto proceeding before the...
Gauhati HC Commutes Death Sentence On Ground That Trial Court Failed To Consider Convict's Possibility Of Rehabilitation & Social Integration
The Gauhati High Court recently commuted the death sentence of a convict to life imprisonment on the ground that the trial court while imposing the ultimate penalty of death, failed to take into consideration the possibility of his reformation, rehabilitation and social reintegration.The division bench of Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita observed that there are no...
Gauhati HC Allows Plea By Riflemen Challenging 'Break In Service' Due To Discharge Based On Unsubstantiated Claims Of Not Being Medically Fit
The Gauhati High Court has recently allowed a writ petition over the issue of treatment of appointment from the initial year of 2001, filed by six Rifleman (GD) of Assam Rifles who were discharged from service in 2001 on the ground that they were medically unfit during their basic training.A single-judge bench of Justice Sanjay Kumar Medhi observed:“……this Court is of the considered...
[APSC Cash-For-Jobs Case] Gauhati High Court Upholds Order Changing Status Of Suspended APS Officer Sukanya Das From Witness To Accused
The Gauhati High Court recently upheld an order of the Special Judge by which the status of the suspended APS officer Sukanya Das was changed from a witness to an accused in the APSC cash for job case under various provisions of the Prevention of Corruption Act, 1988 and IPC.The single judge of Justice Mridul Kumar Kalita observed:“There is nothing in the impugned order which shows that...
Gauhati High Court Asks State's Finance Dept About Compensation To 'Batadrava Police Station Arson' Accused Whose Houses Were Demolished
The Gauhati High Court on Friday granted a week's time to State's Finance Department to apprise the Court as to by what time the compensation would be paid to those whose houses at Batadrava in Assam Nagaon's district were demolished by Assam Police in May, 2022. The said affected persons are accused of arson in Batadrava Police Station in May, 2022 and their houses were allegedly bulldozed...
Gauhati High Court Queries Assam Govt On Steps To Improve Shelter Homes
The Gauhati High Court recently directed the State Government to file affidavit detailing out the measures which it has taken or proposed to take to cure the deficiencies pointed by the District Legal Services Authorities in respect of the shelter homes of different categories. The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was a hearing a suo moto PIL...
Solid Waste 'Mismanagement' In Assam: Gauhati High Court Seeks Response From Union Environment Ministry, CPCB
The Gauhati High Court recently asked the Union Environment Ministry and the Central Pollution Control Board to file their response in a bunch of PILs alleging mismanagement of solid waste in Assam.The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam further directed the Pollution Control Board, Assam and the State's Housing and Urban Affairs Department to also...
Gauhati High Court Asks State's Agriculture Dept To Quell Doubts About Employment Status, Wages Of Muster Roll Workers
The Gauhati High Court recently directed Assam's Agriculture Department to furnish records of three letters issued in the years 2017 and 2018 to quell doubts regarding the employment status of muster roll workers and wages due to them. The direction came in a writ petition filed by 43 petitioners making a claim of payment of their wages in lieu of services rendered as Muster Roll Workers in...
Accused Has Right To Speedy Trial But Non-Appearance Of Investing Officer Caused 2 Yrs Delay: Gauhati High Court Seeks DGP's Intervention
The Gauhati High Court recently asked for instructions from Assam DGP as regards the prosecuting policy of the State in a case where an Investigating Officer has not appeared before the Trial Court to depose for almost two years, causing delay in the trial.The single judge bench of Justice Arun Dev Choudhury noted that such situation cannot be allowed to continue inasmuch as an accused is...