WP(C) 4439/2010. Gauhati High Court

Case Number:WP(C) 4439/2010
Judgement Date:January 19, 2020
Court:Gauhati High Court
SUMMARY

Other Civil Rules relating to other Writ Petitions

 
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I N THE GAUHATI HI GH COURT

( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)

WP( C) 4439/ 2010

P/ C Ranjan Kumar Baruah,

Son of Late Loknath Baruah,

Resident of Rupahi,

P.O. & P.S. Rupahi, District-Nagaon, Assam.

- Petitioner -Versus-

  1. The State of Assam,

    Represented by the Commissioner and Secretary to the Government of Assam, Home Department, Dispur,

    Guwahati-6.

  2. The Director General of Police, Assam,

    Ulubari, Guwahati.

  3. The I nspector General of Police,

    Assam I ndustrial Security Force, Bn.I I ,

    Niz Chabua, Dibrugarh,

    Assam.

  4. Smti. Geeta Devi,

    D/ o Shri Purna Saikia, Resident of Village-Geleki,

    P.O. & P.S. Kohora,

    District-Golaghat, Assam.

    - Respondents

    For the petitioner : Mr. H.R.A. Choudhury, Sr. Advocate,

    Mr. R. A. Choudhury, Advocate

    For respondent Nos. 1 to 4 : Mr. T. C. Chutia,

    Government Advocate,

    For respondent No. 5 : Mr. A. L. Mandal, Advocate,

    BEFORE

    HON’BLE MR. JUSTI CE ARUP KUMAR GOSWAMI

    Dates of hearing and order : 19.01.2017

    JUDGEMENT AND ORDER ( ORAL)

    Heard Mr. R. A. Choudhury, learned counsel for the petitioner. Also heard Mr. A. L. Mandal, learned counsel, appearing for respondent No. 5, and Mr. T. C. Chutia, learned State counsel, appearing for the State respondents.

    W P( C) 4 4 3 9 / 2 0 1 0

  5. The petitioner, at the time of filing the instant writ petition in the year 2010, was a Platoon Commander in Assam Tea Plantation Security Force and was posted at Naharkatia Tea Estate. His case is that he is married to one Rumi Bhuyan and his marriage was solemnized on 07.05.2010. The writ petition was filed by him assailing the validity of the order dated 16.06.2010 passed by the respondent No. 4. The order reads as follows:

    “ORDER

    In view of the complaint lodged by Mrs. Puja Baruah, w/ o Ex-service P/ C Ranjan Baruah deployed at Naharkatia T.E., he was asked to appear in O.R. on

    18.05.2010 vide this office letter No. AISF-II/ R/ 110/ 2009-10/ 1372 dtd. 14.05.2010. Accordingly, he appeared in O.R. before me on 18.05.2010 and heard him in

    person. During hearing, it is found that the complaint lodged by his wife Mrs. Puja Baruah is true. P/ C Baruah has married 2nd wife in presence of his first wife Puja Baruah without her consent.

    Although Sri Baruah wants to keep his first wife with him, but Mrs. Baruah is not agreed to stay with the newly married 2nd wife of Sri Baruah.

    Since P/ C Ranjan Baruah has violated the provision of Govt. servant Conduct rules, for marrying 2nd wife in presence of 1st wife without her consent, it is therefore ordered to pay Rs. 5,000/ - from...

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