Disposed

Head Constableb/Ex-S Sarbeswar Rabharetired v. Sri Bhaskar Jyoti Mahanta, IPS

Gauhati HC7 Jun 2019Cont.Cas(C)/550/2017

Case brief

AI extract

What is this about?

A contempt petition challenging non-issuance of pension payment order. The petitioner submitted that the pension sanction order was issued. The court directed the Principal Accountant General to act and closed the contempt case, noting the sanction order was placed on record.

What did the court decide?

Contempt case closed; direction to Principal Accountant General to issue Pension Payment Order.

Head Constableb/Ex-S Sarbeswar Rabharetired Vs Sri Bhaskar… — Contempt of Court | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010049392017

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

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Case No. : Cont.Cas(C) 550/2017

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1:HEAD CONSTABLEB/EX-S SARBESWAR RABHARETIRED S/O LT. THANURAM RABHA VILL- GANESHPARA P.S. FATASHIL AMBARI, P.O. DHIRENPARA, DIST. KAMRUP, GUWAHATI- 781025.

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VERSUS

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1:SRI BHASKAR JYOTI MAHANTA, IPS ADDITIONAL DIRECTOR GENERAL OF POLICE B, HQ B, ASSAM, BHANGAGARH, SRIMANTAPUR GUWAHATI- 781032.

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2:DR. A.U. CHOUDHURY IAS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PENSION and PUBLIC GRIEVANCES DEPARTMENT BLOCK-D 2ND FLOOR ASSAM SECRETARIAT CIVIL DISPUR GUWAHATI - 781006

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Advocate for the Petitioner : MS.R M SARMAH

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Advocate for the Respondent : MR.S BORTHAKUR R

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BEFORE

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HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 07-06-2019

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Heard Mr. H Gupta, learned counsel for the petitioner and Mr. SS Roy, learned Additional Senior Government Advocate appearing for the respondents.

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Page No.# 2/2

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It is submitted by the learned counsel for the respondent/Contemnor No.1 that pursuant to the order dated 23.04.2015, passed in WP ( C) No. 2560 of 2013, the Contemnor/ respondent No.4 has complied with the order by sanctioning the Pension Payment Order to the petitioner.

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It may be mentioned here that by the instant petition, the petitioner has challenged the wilful and deliberate violation of the judgment and order dated 23.04.2015, passed in WP (C) No. 1147 of 2013, whereby the respondents /Contemnor were directed to give a proportionate pension including arrears as admissible to the petitioner and others.

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The learned counsel for the respondents/ contemnor produced a copy of the Pension Sanction order, issued by the Office of the respondent No.4/ contemnor, vide Letter No.E/IIPen/19/41, 925/4, dated 18.04.2019 with copy thereof to the office of the Principal Accountant General, Assam and other authorities.

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Mr. H Gupta, learned counsel for the petitioner, submits that in view of the sanction of the pension granted by the authorities, the petitioner has no grievance against the respondents/ contemnor. However, an observation may be made in respect of the Principal Accountant General, Assam to issue necessary Pension Payment Order, pursuant to the aforesaid Pension Sanction order of the authority.

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In view of the Pension Sanction Order being issued by the competent authority, the Principal Accountant General, Assam shall take appropriate action in accordance with law at the earliest.

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Accordingly, the contempt case stands closed.

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The copy of the Pension Sanction Order is taken on record.

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JUDGE

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Comparing Assistant

Head Constableb/Ex-S Sarbeswar Rabharetired v. Sri Bhaskar Jyoti Mahanta, IPS

Case brief

What is this about?

What did the court decide?

Head Constableb/Ex-S Sarbeswar Rabharetired v. Sri Bhaskar Jyoti Mahanta, IPS

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

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Case details

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