Allowed

Mrs. Swapna Kalita v. Assam Gramin Vikash Bank and 5 Ors.

Gauhati HC4 Sept 2019I.A.(Civil)/1978/2019

Case brief

AI extract

What is this about?

An application under Section 5 of the Limitation Act was premised to condone an 180-day delay in filing a connected appeal challenging removal from service. The court found the delay justified due to mental depression and financial hardship and allowed the application.

What did the court decide?

The application for condonation of delay is allowed and the I.A. is disposed of.

Mrs. Swapna Kalita Vs Assam Gramin Vikash Bank and… — Execution and Attachment | Gauhati HC (2019)

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GAHC010121832019

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

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Case No. : I.A.(Civil) 1978/2019 in WA/4165/2019

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1:MRS. SWAPNA KALITA

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W/O- PRAFULLA KUMAR BARUAH, R/O- VILL.- RAJA GAON, WARD NO. 1, P.O. AND DIST.- MORIGAON, ASSAM.

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VERSUS

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1:ASSAM GRAMIN VIKASH BANK AND 5 ORS

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A JOINT UNDERTAKING OF GOVERNMENT OF INDIA, GOVERNMENT OF ASSAM AND UNITED BANK OF INDIA, REP. BY ITS CHAIRMAN, HEAD OFFICE- G.S. ROAD, BHANGAGARH, GUWAHATI-05.

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2:THE CHAIRMAN ASSAM GRAMIN VIKASH BANK HEAD OFFICE- G.S. ROAD BHANGAGARH GUWAHATI-05.

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3:THE REGIONAL MANAGER ASSAM GRAMIN VIKASH BANK HEAD OFFICE- G.S. ROAD BHANGAGARH GUWAHATI-05.

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4:THE SENIOR MANAGER ASSAM GRAMIN VIKASH BANK MORIGAON BRANCH DIST.- MORIGAON ASSAM.

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5:SMTI. SUNANDA PAL CHOUDHURY THE ENQUIRY OFFICER

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SENIOR MANAGER ASSAM GRAMIN VIKASH BANK REGIONAL OFFICE SILCHAR ASSAM.

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6:SRI PRABHAT BHAGWATI THE PRESIDING OFFICER MANAGER ASSAM GRAMIN VIKASH BANK KAMALPUR G.S. ROAD BHANGAGARH GUWAHATI-05

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Advocate for the Petitioner : MR DEBA KUMAR DAS

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Advocate for the Respondent : SC, A G V B

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BEFORE

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HON’BLE THE CHIEF JUSTICE (ACTING) MR. ARUP KUMAR GOSWAMI HON’BLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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04.09.2019

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[ A.K. Goswami, CJ(Acting) ]

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Heard Mr. D.K. Das, learned counsel for the applicant and Mr. A.D. Choudhury, learned counsel appearing for the respondents.

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This is an application under Section 5 of the Limitation Act praying for condoning the delay of 180 days in preferring the connected appeal.

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This application is not opposed by Mr. Choudhury.

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The writ appeal is presented against an order passed by the learned Single Judge dismissing the writ petition filed by the writ petitioner challenging her removal from service pursuant to a disciplinary proceeding.

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It is averred in the petition that the applicant suffered from financial constraint as well as mental depression and agony due to removal from service and having come around the phase of

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depression and on getting assistance from family members, the recourse is taken to file this appeal.

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Having considered the averments made, this application is allowed.

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I.A. stands disposed of.

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Sd/Sd/- JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Mrs. Swapna Kalita v. Assam Gramin Vikash Bank and 5 Ors.

Case brief

What is this about?

What did the court decide?

Mrs. Swapna Kalita v. Assam Gramin Vikash Bank and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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