Court dismissed contempt petition finding no violation of the prior order as it only granted liberty to approach other forums. Petitioner allowed to approach appropriate forum again if aggrieved.
Contempt petition stands closed; liberty granted to approach any other appropriate forum if further aggrieved.
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GAHC010042072021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/131/2021
MONIKHA GOGOI
W/O LAKHI HANDIQUE, R/O VILL. TANGANAPARA, P.O.AND P.S. DHEMAJI, DIST. DHEMAJI, ASSAM (WORKING AS ASSTT. TEACHER IN THE NO. 2 LAKHTOKIA L.P. SCHOOL, DHEMAJI, PIN 787057
VERSUS
PRITAM SAIKIA AND 4 ORS
THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GUWAHATI 6
2:BIJOYA CHOUDHURY
THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19
3:KABITA DEKA
THE DIST. ELEMENTARY EDUCATION OFFICER DHEMAJI DIST. DHEMAJI PIN 787057 ASSAM.
4:KABITA DEKA
THE DEPUTY INSPECTOR OF SCHOOLS P.O. AND P.S. DHEMAJI DIST. DHEMAJI ASSAM
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PIN 787057
5:TILOKESH NARZARY
THE TREASURY OFFICER DHEMAJI P.O. DHEMAJI DIST. DHEMAJI ASSAM PIN 78705
Advocate for the Petitioner : MR. P TALUKDAR
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 08-03-2021
Heard Mr. P. Talukdar, learned counsel for the petitioner.
This contempt petition is instituted for an alleged willful and deliberate violation of the order dated 15.12.2017 of this Court in WP(C) 2250/2017. The provision of this Court in the order dated 15.12.2017 is extracted as below:-
“ Considering the same, the writ petition stands disposed of with the observation that if the petitioner is still aggrieved with such finding of the Scrutiny Committee with regard to her payment of salary, she may approach the appropriate forum for redressal of her grievances .”
A reading of the order goes to show that it was liberty granted to the petitioner to approach certain authorities if the grievance still persists. As there is no direction, we are unable to accept the petition for any willful and deliberate violation of this Court order.
However, liberty is granted to approach again any other appropriate forum, if she is further aggrieved.
Contempt petition stands closed.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the respondent authorities committed contempt of court by allegedly violating the order dated 15.12.2017.
Whether the petitioner is entitled to file a new writ petition if she remains aggrieved.
MONIKHA GOGOI
PRITAM SAIKIA
COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM
THE DIST. ELEMENTARY EDUCATION OFFICER
THE DEPUTY INSPECTOR OF SCHOOLS
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
