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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Hage Tungka W/o Padi Aji – Appellant
Versus
State of A.P. – Respondent
| Table of Content |
|---|
| 1. discussion on jurisdiction and procedural authority in administrative matters. (Para 1 , 2 , 26) |
| 2. details on petitioner's appointment and release context. (Para 3 , 4 , 10) |
| 3. findings on legality of the release and subsequent actions. (Para 66 , 76) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. D. Das, the learned Senior Counsel assisted by Mr. K. Mohammad, the learned counsel appearing on behalf of the petitioner. Mr. S. Tapin, the learned Government Advocate, Arunachal Pradesh appears on behalf of the respondent No. 1; Mr. T.J. Mahanta, the learned Senior Counsel, who is also the Standing Counsel of the Gauhati High Court, Principal Seat assisted by Mr. A. Baruah, the learned counsel appears on behalf of the respondent No. 2; Mr. M. Pertin, the learned Senior Counsel who is also the Standing Counsel of the Gauhati High Court, Itanagar Permanent Bench assisted by Mr. M. Pertin, the learned counsel appears on behalf of the respondent Nos. 3 and 4; Mr. S.R. Rabha, the learned Standing Counsel appears on behalf of the respondent No. 5.
2. The present proceedings raises an important question of law on the aspect, as to whether, a member of the Ministerial Staff of the Di
Control over subordinate judicial staff rests with the High Court; any action taken by the District Judge without prior approval is unauthorized and illegal.
The appointment and posting powers for Special Judges under the Prevention of Corruption Act must align with constitutional mandates, emphasizing judicial independence and regulation of judicial powe....
Point of law: Whilst it is true that limitation does not strictly apply to proceedings Under Articles 32 or 226 of the Constitution of India, nevertheless, such rights cannot be enforced after an unr....
Disciplinary authority may delegate drawing up of charges to superior officer like Chairman of District Authority upon direction from Executive Chairman of State Authority, validating proceedings wit....
No prior consent required for employee deputation within same Union Territory under Article 52-C, J&K CSR, 1956.
Appointments on deputation do not confer a right to continue beyond the specified term, and the distinction between transfer and appointment on deputation is significant.
Judicial officers must maintain high standards of integrity; dismissal under Article 311(2)(b) upheld due to misconduct and impracticability of inquiry.
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