Disposed

Ex Ct/Gd Phukan Deori v. Ajay Kumar Bhalla and 4 Ors.

Gauhati HC17 Dec 2021Cont.Cas(C)/469/2021

Case brief

AI extract

What is this about?

Petitioner moved under the Contempt of Courts Act for non-compliance of a prior judgment regarding reinstatement. Assets of Respondents claim reinstatement with benefits in an order dated 10.12.2021. Court allows prayer, closes petition, but grants liberty to file afresh if benefits are not provided, marking the 10.12.2021 order as Annexure X.

What did the court decide?

Prayer allowed. Contempt petition closed with liberty to file afresh if consequential benefits are not provided.

Ex Ct/Gd Phukan Deori Vs Ajay Kumar Bhalla and 4 Ors. — Contempt of Court | Gauhati HC (2021)

¶1

Page No.# 1/3

¶2

GAHC010202932021

¶3

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

¶4

Case No. : Cont.Cas(C)/469/2021

¶5

EX CT/GD PHUKAN DEORI

¶6

S/O GULAP CH. DEORI, VILL-SOMPO-I, P.O. AND P.S.-DIYUN, DISTCHANGLANG, ARUNACHAL PRADESH, PIN-792103

¶7

VERSUS

¶8

AJAY KUMAR BHALLA AND 4 ORS THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001

¶9

2:SHEEL VARDHAN SINGH THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE CENTRAL GOVERNMENT OFFICE COMPLEX LODHI ROAD

¶10

NEW DELHI-110003

¶11

3:ANJANI KR SINGH

¶12

THE INSPECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE HEADQUARTERS NORTH EASTERN SECTOR GUWAHATI ASSAM

¶13

PIN-781029 (DUE TO BIFURCATION OF SECTORS NEZ HQRS KOLKATA RENAMED AS NES HQRS GUWAHATI) CHHATTISGARH

¶14

PIN-533464

¶15

4:SIDDHARTHA SANKAR SHARMA

¶16

THE DEPUTY INSPECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE NORTH EASTERN SECTOR PREMISES NO. 553 EAST KOLKATA WEST BENGAL PIN-700107

¶17

Page No.# 2/3

¶18

5:P. DEARSON GAISUNG

¶19

THE COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE UNIT IOCL

¶20

BONGAIGAON DIST-CHIRANG ASSAM PIN-78338

¶21

Advocate for the Petitioner : MR. R MAZUMDAR

¶22

Advocate for the Respondent :

¶23

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

¶24

ORDER

¶25

Date : 17-12-2021

¶26

Heard Mr. R Mazumdar, learned counsel for the petitioner, who submits that the respondents have not complied with the Judgment & Order dated 14.11.2019 passed in WP(C) No. 3783/2013, in which the petitioner was to be reinstated into service and given 50% of his monthly salary and other emoluments for the period he was removed from service. Further, the petitioner was also entitled to be paid his regular full pay on the date of his reinstatement or from the expiry of 3 (three) months from the date of receipt of copy of the order dated 14.11.2019, passed in WP(C) No. 3783/2013.

¶27

The petitioner’s counsel also submits that the writ appeal filed by the Union of India, which was registered as W.A No. 39/2021 had been dismissed vide Order dated 28.10.2021.

¶28

Mr. R.K Dev Choudhury, ASGI has submitted, on the basis of the Order dated 10.12.2021, that the petitioner has been reinstated into service with all consequential benefits, by treating the petitioner to be in service without any break, subject to the decision of the scrutiny committee.

¶29

Mr. R Mazumdar learned counsel for the petitioner submits that in view of the

¶30

Page No.# 3/3

¶31

above order dated 10.12.2021 and the submission made by the learned ASGI, the contempt petition may be closed with liberty being given to the petitioner, to file the same afresh, if the consequential benefits are not provided to the petitioner.

¶32

Prayer is allowed.

¶33

The contempt petition is accordingly closed, with liberty being given to the petitioner to approach this Court again, if so advised. The order dated 10.12.2021 is made a part of the record and marked as Annexure ‘X’.

¶34

JUDGE

¶35

Comparing Assistant

Ex Ct/Gd Phukan Deori v. Ajay Kumar Bhalla and 4 Ors.

Case brief

What is this about?

What did the court decide?

Ex Ct/Gd Phukan Deori v. Ajay Kumar Bhalla and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jugeswar Nath Vs P.K.Buragohain

Barom Sikam and Anr. Vs Niharika Rai (Ias)

Bhanu Priya Chetia Vs N Rajathandan, IPS

Muminul Hasan Laskar Vs Mishbahul Hassan Ansari

Joyresh Thousen Vs Debolal Gorlosa

Bonil Johari Vs Debolal Gorlosa

Nobin Kemprai Vs Debolal Gorlosa

Prasanna Hasnu Vs Debolal Gorlosa

Pranamika Phukon Vs the State of Assam and 3 Ors.

Hafiza Khatun Vs the State of Assam and 3 Ors.

Jayanta Mohan Singha, Vs the Food Corporation of India and Ors.

Jiaul Ahmed Force No. 041704509 Vs the Union of India and 2 Ors.

Lekheswar Das Vs the State of Assam and 7 Ors.