Manju Devi vs The State Of Assam And 5 Ors
2023 Latest Caselaw 86 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
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Advocate for the Petitioner   : MR. S K GHOSH

Advocate for the Respondent : GA, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 05.01.2023

Heard Ms. F. Ahmed, learned counsel for the petitioner; Mr. S.S. Roy, learned Junior Government Advocate, Assam for the respondent nos. 1 & 2; Mr. H.K. Das, learned Standing Counsel, 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.

2. From the submissions of the learned counsel for the parties, it has emerged that two criminal cases - [i] G.R. [DBB] Case no. 79/1995 and [ii] G.R. [DBB] Case no. 22/2000 - were initiated against Manik Ch. Nath [since deceased]. In G.R. [DBB] Case no. 79/1995, learned trial Court convicted Manik Ch. Nath under Section 468, IPC and he was sentenced to undergo simple imprisonment for a term of 3 [three] years and to pay a fine of Rs. 3,000/-, in default of payment of fine, to undergo simple imprisonment for further 3 [three] months. In G.R. [DBB] Case no. 22/2000, Manik Ch. Nath was convicted under Section 409, IPC and he was sentenced to undergo simple imprisonment for a term of 2 [two] years and to pay a fine of Rs. 2,000/-, in default of payment of fine, to undergo simple imprisonment for further 2 [two] months. The sentences were directed to run concurrently. It has further emerged that the departmental proceeding initiated against Manik Ch. Nath [since deceased] vide D.P. no.

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2/1996 stood concluded on 05.09.2011 with submission of an inquiry report.

3. The parties have not brought the copies of [i] the judgment and order of conviction and sentence passed in G.R. [DBB] Case no. 79/1995; [ii] the judgment and order of conviction and sentence passed in G.R. [DBB] Case no. 22/2000; and [iii] the inquiry report passed in D.P. no. 2/1996.

4. The parties, more particularly, the petitioner, are directed to bring the same on record by way of an affidavit by the next date of listing.

5. Mr. Roy, learned Junior Government Advocate, Assam appearing for the respondent nos. 1 & 2 has sought for further 2 [two] weeks' time to file affidavit-in-opposition on behalf of the said respondents.

6. The prayer made by Mr. Roy, is allowed.

List the case after 2 [two] weeks.

JUDGE

Comparing Assistant