Petitioner institution of an interlocutory application in a contempt case seeking impleadment of Sri Kamal Gogoi as a new respondent/contemnor who replaced the retiring offending official.
Sri Kamal Gogoi to be impleaded as respondent/contemnor no. 3 in Cont. Cas(C) No. 272/2017 and registry to incorporate corrections in the cause title.
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GAHC010024972021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/394/2021
EASIN ALI S/O. LATE NUR JAMAL, VILL. BHEHAGURI, P.O. SILPUKHURI, P.S. MIKIRBHETA, DIST. MORIGAON, ASSAM, PIN- 782106
VERSUS
LAKHI PRASAD GOUR AND 2 ORS. DEPUTY INSPECTOR (D.I) OF SCHOOLS, MORIGAON, DIST. MORIGAON, ASSAM, PIN- 782106
2:TILAK CH. SAIKIA DEPUTY INSPECTION (D.I) OF SCHOOLS MORIGAON DIST. MORIGAON ASSAM PIN-782106 3:KAMAL GOGOI DEEO CUM INSPECTOR OF SCHOOLS MORIGAON DIST. MORIGAON ASSAM PIN- 78210
Advocate for the Petitioner : MD.M H CHOUDHURY
Advocate for the Respondent : MS. N PHUKAN
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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 02-03-2021
Heard Mr. M.H Choudhury, learned counsel for the petitioner. Also heard Mr. B. Choudhury, learned counsel representing the respondent/contemnor no. 1 Sri Lakhi Prasad Gour and Ms. N. Phukan, learned counsel representing the respondent/contemnor no. 2 Sri Tilak Ch. Saikia.
Cont. Cas(C) No. 272/2017 was instituted for willful and deliberate violation of the order dated 20.04.2016 in WP(C) No. 2439/2016 wherein Sri Lakhi Prasad Gour, Deputy Inspector of School, Morigaon was arrayed as respondent/contemnor no. 1.
It is stated that Sri Lakhi Prasad Gour had retired from service upon attaining superannuation and in his place Sri Kamal Gogoi, D.E.E.O, Inspector of Schools of Morigaon district is presently discharging the duties of Deputy Inspector of Schools. Accordingly, this interlocutory application is instituted for impleading Sri Kamal Gogoi as respondent/contemnor no. 3. It is stated that Sri Kamal Gogoi had been notified of the order dated 20.04.2016 in WP(C) No. 2439/2016.
In view of the above, Sri Kamal Gogoi be impleaded as respondent/contemnor no. 3 in Cont. Cas(C) No. 272/2017.
Registry to incorporate necessary corrections in the cause title of Cont. Cas(C) No. 272/2017.
I.A. stands allowed with the aforesaid correction.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether Sri Kamal Gogoi should be impleaded as respondent/contemnor no. 3 in the contempt proceeding due to replacement of the retiring respondent.
EASIN ALI S/O. LATE NUR JAMAL
LAKHI PRASAD GOUR AND 2 ORS.
KAMAL GOGOI
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
