Manju Devi vs The State Of Assam And 5 Ors
2022 Latest Caselaw 3602 Gua

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GAHC010064472022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/2511/2022

            MANJU DEVI
            W/O. LT. MANIK CHANDRA NATH, VILL. BATARHAAT, DOHALI, P.O.
            BATARHAAT, VIA BIJAYANAGAR, P.S. PALASBARI, DIST. KAMRUP, ASSAM,
            PIN-781122.

            VERSUS

            THE STATE OF ASSAM AND 5 ORS
            REP. BY ITS SECRETEARY, JUDICIAL DEPTT., DISPUR, GUWAHATI-06.

            2:THE SECRETARY
             PENSION AND PUBLIC GRIEVANCES
             DISPUR
             GUWAHATI-06.

            3:DISCIPLINARY AUTHORITY CUM DIST. AND SESSIONS JUDGE
             DHUBRI-783301.

            4:ADDL. DIST. JUDGE
             DHUBRI
             PIN-783301.

            5:ACCOUNTANT GENERAL ( A AND E )
             MADAIMGAON
             GUWAHATI.

            6:THE REGISTRAR GENERAL
             GAUHATI HIGH COURT

Advocate for the Petitioner   : MR. S K GHOSH

Advocate for the Respondent : GA, ASSAM
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                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 16.09.2022

Heard Mr. S.K. Ghosh, learned counsel for the petitioner; Mr. D. Bora, learned Junior Government Advocate, Assam for the respondent nos. 1 & 2; Mr. H.K. Das, learned Standing Counsel, Gauhati High Court [GHC] for the respondent nos. 3, 4 & 6; and Mr. A. Hassan, learned Standing Counsel, Accountant General [A&E], Assam for the respondent no.

5. By a judgment and order dated 28.12.2010, passed by the learned Court of Additional Chief Judicial Magistrate, Dhubri in G.R. [DBB] Case no. 79/1995, Late Manik Chandra Nath was convicted for the offences under Section 468 and Section 409 of the Indian Penal Code [IPC] and he was sentenced to undergo simple imprisonment for 3 [three] years and to pay a fine of Rs. 3,000/-, in default payment of fine, to undergo simple imprisonment for further 3 [three] months for the offence under Section 468. For the offence under Section 409, IPC, he was sentenced to undergo simple imprisonment for 2 [two] years and to pay a fine of Rs. 2,000/-, in default of payment of fine, to undergo simple imprisonment for another 2 [two] months. Both the sentences were directed to run concurrently. It is also seen to have been averred that in the other criminal case, G.R. [DBB] Case no. 22/2000, Late Manik Chandra Nath was convicted and sentenced in the similar manner. It is mentioned that after undergoing the sentences, Manik Chandra Nath was released in April, 2011.

Mr. Das, learned Standing Counsel, GHC shall obtain instructions as to whether after the judgments and orders of conviction and sentence passed in G.R. [DBB] Case no. 79/1995 and G.R. [DBB] Case no. 22/2000 any order had been passed in relation to the service of Late Manik Chandra Nath, who was a Sheristadar in the office of the Additional District and Sessions Judge, Dhubri.

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List the case again on 31.10.2022.

JUDGE

Comparing Assistant