Allowed

Buddhadip Gogoi v. Dr Narayan Bordoloi and 2 Ors.

Gauhati HC10 May 2019I.A.(Civil)/1594/2019

Case brief

AI extract

What is this about?

Court recalled an order issuing a show cause notice for contempt of court, accepting the applicant's explanation that the listing of the original matter escaped his notice, and directed opposite parties to show no reply.

What did the court decide?

The order dated 07.05.2019 passed in Cont.Cas(C) 812/2015 is recalled; no show cause notice is required from the respondents.

Buddhadip Gogoi Vs Dr Narayan Bordoloi and 2 Ors. — Contempt of Court | Gauhati HC (2019)

¶1

Page No.# 1/3

¶2

GAHC010102232019

¶3

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

¶4

Case No. : I.A.(Civil) 1594/2019

¶5

1:BUDDHADIP GOGOI

¶6

S/O SRI HEM GOGOI, R/O PARAG DAS PATH, BAMUNIMAIDAM, GHY-21 AND STANDING COUNSEL OF HEALTH AND FAMILY WELFARE DEPTT., ASSAM.

¶7

VERSUS

¶8

1:DR NARAYAN BORDOLOI AND 2 ORS

¶9

S/O LATE PHANIDHAR BORDOLOI, R/O K.K. BARUAH PATH, FARAJA, JORHAT, P.O. AND P.S. JORHAT, DIST. JORHAT, ASSAM

¶10

2:MANISH THAKUR I.A.S. COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPTT. DISPUR GHY-6

¶11

3:SAMIR KUMAR SINHA IAS COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPTT. DISPUR GHY-

¶12

Advocate for the Petitioner : MR. B GOGOI

¶13

Advocate for the Respondent : MR. T J MAHANTA

¶14

BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

¶15

Page No.# 2/3

¶16

ORDER

¶17

Date : 10.05.2019

¶18

Heard Mr. D. Saikia, learned Senior Counsel, assisted by Mr. B. Gogoi, learned counsel, who is the applicant-in-person. Also heard Mr. T.J. Mahanta, learned Senior Counsel, assisted by Mr. D. Mahanta, learned counsel for the opposite party No. 1 herein.

¶19

This is an application by the learned counsel appearing for the proforma opposite party No.3, praying for recalling/ rescinding/ modification/ alteration of order dated 07.05.2019 passed by this Court in Cont.Cas(C) 812/2015.

¶20

The applicant is the learned counsel of this Court. He has projected that on the day the connected Cont.Cas(C) 812/2015 was listed i.e. on 07.05.2019, the listing of the said matter had escaped his notice and therefore, he could not press the instructions already received by him before this Court. In this application, certain documents have been annexed as Annexure- E to I to project that the authorities have moved a proposal for creation of a supernumerary post of Senior Medical & Health Officer for accommodating the opposite party No.1 herein and the authorities have also been moved so that a vacant post of Senior Medical Health & Officer can be identified to adjust the opposite party herein in the said post. The said documents also reveals that two vacant posts have been identified. Therefore, it appears that the matter has been taken up by the opposite party No.3 in the right earnest.

¶21

The learned Senior Counsel for the opposite party No.1 has opposed this application.

¶22

Having considered the submission made by the learned Senior Counsel for both sides, this Court is satisfied with the explanation tendered by the applicant that the listing of the matter had escaped his notice which constitutes a good and sufficient ground to recall the order dated 07.05.2019 passed by this Court in Cont.Cas(C) 812/2015. Accordingly, issuance of show cause notice to the opposite parties No. 2 and 3 for deliberately and willfully violating and not complying with the order dated 30.01.2015 in WP(C) 3494/2014 and to show cause as to why punishment in terms of Section 12 of the Contempt of Court’s Act should not be passed against them as this Court is recalled, taking notice of the steps taken by the opposite party No. 3 for compliance of the order referred hereinbefore.

¶23

Accordingly, the said order dated 07.05.2019 has been recalled, without prejudice to the

¶24

Page No.# 3/3

¶25

opposite parties No. 1 to 3. Accordingly, there is no requirement for the opposite parties No. 2 and 3 herein to give show cause reply.

¶26

This application stands disposed of.

¶27

JUDGE

¶28

Comparing Assistant

Buddhadip Gogoi v. Dr Narayan Bordoloi and 2 Ors.

Case brief

What is this about?

What did the court decide?

Buddhadip Gogoi v. Dr Narayan Bordoloi and 2 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

Similar cases

Promod Malia Vs the Union of India and Ors.

Tanil Dutta Vs the Oil India Ltd. and 3 Ors.

All Assam Trained Home Guards Association and Anr. Vs the State of Assam and 4 Ors.

Jagadish Chandra Nath Vs the State of Assam and 3 Ors.

Mohd. Saimuddin and 2 Ors. Vs the State of Assam and 3 Ors.

Ziauddin Munwarul Hoque Vs the State of Assam and Ors.