Gauhati High Court
Gauhati High Court Sets Aside Appointment Of Department's Joint Director's Daughter Selected Solely On Basis Of Viva
The Gauhati High Court recently quashed an appointment order of a Senior Treatment Supervisor (STS) on the ground that the said appointment was made solely on the basis of marks obtained by the candidate in the viva voce and therefore illegal.The division bench comprising the Chief Justice Sandeep Mehta and Justice Kardak Ete observed:“The Hon’ble Supreme Court in the case of Praven...
Suspension Takes Effect From Date Of Passing Such Order, Failure To Review It In 90 Days Fatal: Gauhati High Court
The Gauhati High Court recently set aside the suspension of an engineer posted with the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) on the ground that review of the said suspension order was not done within the mandatory period of 90 days, as required under the law.The single judge bench of Justice Sanjay Kumar Medhi observed that there is no dispute that...
Gauhati High Court Directs Govt To Appoint ICU Technicians Selected During Covid-19, Says Their Need In Hospitals Will Never Be Reduced
The Gauhati High Court recently set aside the judgement passed by the single judge of the High Court which denied to issue a mandamus in favour of nineteen ICU Technicians, who were appointed during Covid-19 pandemic in the year 2020, for permanent appointment as a consequence of the Select List against the advertised posts, on the ground that the Select List in question was never cancelled...
Gauhati High Court Stays Shifting Of District Court's Prosecution Cell, Asks Govt To First Refurbish The Allocated Building
The Gauhati High Court has stayed the shifting of Lunglei District Court's Prosecution Call to a building of the Commerce and Industries Department allocated for District Court's expansion, on being informed that it is yet to be refurbished as per Court's needs.The building was being utilized by the Zonal Geology and Mining office. Bar Association has entered into two rooms of the building but...
No Fundamental Right To Prayer Room At Public Places: Gauhati High Court Junks PIL Seeking Prayer Room At Airports
The Gauhati High Court on Thursday dismissed the PIL which sought direction for setting up a dedicated prayer room in the precincts of the Lokpriya Gopinath Bordoloi International Airport, Guwahati, on the ground that no fundamental right of the petitioner is being breached by not providing a separate prayer room at the said airport.The division bench of the Chief Justice Sandeep Mehta...
SIT Probe Failed To Yield Any Result: Gauhati High Court Transfers 7 Yrs Old 'Political' Kidnapping Case To CBI, Says State's Consent Not Required
The Gauhati High Court recently transferred the investigation of a 2016 kidnapping case involving the brother of then member of North Cachar Hills Autonomous Council, on the ground that the Assam Police and SIT constituted to carry out the investigation have failed to yield any result.The single judge bench of Justice Suman Shyam observed,“I also find from the materials on record that even...
[Constitution 6th Schedule] Karbi Anglong Autonomous Council Authorised To Issue Suspension Orders To College Professors: Gauhati High Court
The Gauhati High Court recently held that although college education is not explicitly listed as a transferred subject under the Sixth Schedule of the Constitution, the Additional Director of Education of the Karbi Anglong Autonomous Council (KAAC) is authorised to issue the suspension order.Justice Achintya Malla Bujor Barua held so after reviewing the Notification issued by the Governor...
Gauhati High Court Directs Railway Tribunal To First Determine Weight Of Goods Loaded At Origin Before Fixing Liability For Short Delivery
The Gauhati High Court on Tuesday set aside the judgment and order passed by the Railway Claims Tribunal, Guwahati Bench which held that the Railway was responsible for short delivery of goods (Superior Kerosene Oil-SKO) on the ground that the Tribunal has not decided the issue as to what was the weight or volume of the goods loaded by the respondent Indian Oil Corporation Ltd. (IOC) at the...
Article 226 | Intra-Court Appeal Not Maintainable Against Single Judge's Order In Criminal Writ Jurisdiction: Gauhati High Court
The Gauhati High Court has recently held that an intra-court writ appeal does not lie against an order or judgment passed by the Single Judge Bench in exercise of the criminal writ jurisdiction under Article 226 of the Constitution of India.The division bench of Chief Justice Sandeep Mehta and Justice Kardak Ete further directed the court rules be clarified to explicitly state that no...
Gauhati High Court Overturns POCSO Conviction Citing Victim's "Sketchy" Evidence, Says No Proof Of Sexual Assault Detected In Medical Exam
The Gauhati High Court recently set aside a conviction under the POCSO Act, holding that the statements of the victim were contradictory and no evidence of sexual assault was detected by the medical officer who examined the victim.The single judge bench of Justice Susmita Phukan Khuand noted,“It is true that the consent of the victim is not required in a case under the POCSO Act. In the...
What Is The Fundamental Right To Seek Prayer Room For A Particular Community In Airports? Gauhati High Court Asks
The Gauhati High Court on Friday refused to issue notice on a PIL seeking separate prayer room for the Muslim community at Guwahati airport. A bench comprising Chief Justice Sandeep Mehta and Justice Susmita Phukan Khaund asked the petitioner if such a right is guaranteed under Article 25 of the Constitution.“Where does Article 25 give right to any citizen to enforce or seek a writ that...
Gauhati High Court Expresses Displeasure Over State's Delay In Notifying Juvenile Justice Rules & Child Protection Policy
The Gauhati High Court on Friday issued directions to the Assam Government to suggest the names of officials from Department of Women and Child Development as members of a proposed Court appointed Committee to visit various children observation and special homes in the State and report if there is proper implementation of various child protection and children right laws so as to ensure that...