Disposed

Mandira Dhar v. Preetom Saikia and 2 Ors.

Gauhati HC9 Dec 2020Cont.Cas(C)/573/2020

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AI extract

What is this about?

In a contempt petition instituted for ignoring a court order on reinstatement and benefits, the High Court dispensed with contempt proceedings and directed the Director of Elementary Education to decide the petitioner's representation regarding reinstatement within three months.

What did the court decide?

Direction to the Director of Elementary Education to pass appropriate order on the petitioner's representation within three months.

Mandira Dhar Vs Preetom Saikia and 2 Ors. — Contempt of Court | Gauhati HC (2020)

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Page No.# 1/2

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GAHC010162582020

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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)/573/2020

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MANDIRA DHAR

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W/O. MR. AJOY DUTTA, ASSTT. TEACHER OF DOBOKA BIDYA MANDIR L.P. SCHOOL, PRESENTLY RESIDING AT DOBOKA BAZAR, DOBOKA TOWN, WARD NO. 2., HOJAI SUB DIVISION, DIST. HOJAI, ASSAM.

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VERSUS

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PREETOM SAIKIA AND 2 ORS

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THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GUWAHATI-06.

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2:BIJOYA CHOUDHURY

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THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

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3:HEMA SAIKIA THE DY. DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19

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Advocate for the Petitioner : MS. S B CHOUDHURY

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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Page No.# 2/2

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ORDER

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Date : 09-12-2020

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Heard Ms. SB Choudhury, learned counsel for the petitioner.

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The petitioner instituted WP(C)No.33/2015 which was given a final consideration by the order dated 18.09.2019 providing that the petitioner will submit a detailed representation along with a copy of the acquittal order and the authorities would pass appropriate orders as regards reinstating her in service as well as arrears and other benefits in accordance with law.

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Pursuant thereto, a representation was submitted on 07.11.2019 before the Director Elementary Education Assam. By the communication of 07.08.2020, the Director of Elementary Education Assam required the petitioner to remain present before the enquiry committee on 10.08.2020. It is stated that the petitioner accordingly attended the enquiry on 10.08.2020. In the said circumstance, this contempt petition is instituted.

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As the direction of this Court is to pass an order on the representation of the petitioner, instead of issuing notice of contempt to the respondents, we are of the view that interest of justice would be met, if a consequential direction is issued directing the Director of Elementary Assam to pass appropriate order in the representation of the petitioner submitted on 07.11.2019 as provided in the order dated 18.09.2019 in WP(C)No.33/2015. If there is no other impediment pertaining to the enquiry conducted against the petitioner, an order be passed within a period of 3(three) months from the date of receipt of a certified copy of this order. If there is any other impediment, the Director may pass a reasoned order as to why passing of the final order may be delayed.

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Contempt petition stands disposed of in the above terms.

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Comparing Assistant

Mandira Dhar v. Preetom Saikia and 2 Ors.

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Mandira Dhar v. Preetom Saikia and 2 Ors.

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