Dismissed
Sri Dhiren Thakuria v. John Birth Ekka and Anr.
Gauhati HCCont.Cas(C)/13/2020
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GAHC010315712019 THE GAUHATI HIGH COURT…
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GAHC010315712019 THE GAUHATI HIGH COURT…
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GAHC010315712019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/13/2020
SRI DHIREN THAKURIA
S/O- LT. HARESWAR THAKURIA, R/O- VILL- BANGAON, P.O. BARAMCHARI, P.S. BARAMA, DIST.- BAKSA (ASSAM)
VERSUS
JOHN BIRTH EKKA AND ANR THE PRINCIPAL SECY., P AND RD DEPTT., GHY-06
2:NAZRUL ISLAM THE COMMISSIONER P AND RD DEPTT. PUNJABARI GHY- 3
Advocate for the Petitioner : MD. B ISLAM
Advocate for the Respondent : MR. A ROY, SC PNRD
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 07.01.2022
Heard Mr. B. Islam, learned counsel for the petitioner and Mr. M. Nath,
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learned standing counsel for the P&RD Department.
By filing this contempt petition under Sections 11 and 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India, the petitioner has alleged non-compliance of order dated 06.08.2019 passed in WP(C) 1423/2014.
The learned standing counsel for the P&RD Department submits that he has a preliminary objection as to the maintainability of the present contempt petition and in this regard, it is submitted that although he has entered appearance by virtue of order dated 10.01.2020, but, no notice has been issued to the respondents. It is submitted that the party arrayed as respondent no. 1 was not a party to the writ petition. It is also submitted that the post of Director, P&RD Department is re-named as Commissioner. However, the respondent no. 2 in this contempt petition had already superannuated on 31.03.2020. In view of above, the name of the respondent no. 1 is ordered to be stricked out. The office shall do the needful.
Nonetheless, upon instruction, the learned standing counsel for the P&RD Department submits that the disciplinary enquiry against the petitioner was concluded on 31.03.2021 and accordingly, the authorities have issued a letter dated 05.01.2022 to the petitioner to put him to notice about the de-novo enquiry report dated 31.12.2021. A copy of the said forwarding letter dated 05.01.2022 along with a copy of the enquiry report dated 31.12.2021 has been produced, which is retained as a part of the record.
A copy of the said letter dated 05.01.2022 along with the enclosed enquiry report dated 31.12.2021 has been furnished to the learned counsel for the petitioner.
In view of above, the Court is inclined to hold that the order of this Court dated 06.08.2019 in WP(C) 1423/2014 has been complied with.
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This contempt petition stands closed.
JUDGE
Comparing Assistant
Dhiren Thakuria
John Birth Ekka
Nazrul Islam
Principal Secretary, P and RD Deptt.
Kalyan Rai Surana
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
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