The court closed the contempt petition filed by a petitioner claiming non-payment of dues after reinstatement. It directed the respondent authorities to expedite the decision on consequential benefits based on prior orders.
Contempt petition closed; direction to respondents to decide on consequential benefits expeditiously.
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GAHC010081192022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/240/2022
CT/GD PHUKAN DEORI
S/O GULAP CH DEORI, PRESENTLY POSTED AT O/O THE COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE UNIT, IOCL, BONGAIGAON, DIST- CHIRANG, ASSAM, PIN-78338
VERSUS
AJAY KUMAR BHALLA AND 4 ORS
THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN-110001
2:SHEEL VARDHAN SINGH
THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE CENTRAL GOVERNMENT OFFICE COMPLEX LODHI ROAD NEW DELHI PIN-110003
3:ANJANI KR. SINGH
THE INSPECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE HEADQUARTERS NORTH EASTERN SECTOR GUWAHATI ASSAM
PIN-781029 (DUE TO BIFURCATION OF SECTORS NEZ HQRS KOLKATA RENAMED AS NES HQRS GUWAHATI) CHHATTISGARH PIN-533464
4:SIDDHARTHA SANKAR SHARMA
THE DEPUTY INSPECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE NORTH EASTERN SECTOR PREMISES NO. 553 EAST KOLKATA WEST BENGAL PIN-533464
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5:P. DEARSON GAISUNG
THE COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE UNIT IOCL BONGAIGAON DIST-CHIRANG ASSAM PIN-7833
Advocate for the Petitioner : MR. R MAZUMDAR
Advocate for the Respondent : MR. B CHAKRAVARTY (r-3,4)
BEFORE
HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 21.09.2022
Heard Mr. R. Majumdar, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India, appearing for respondent nos. 1 and 2 as well as Mr. B. Chakraborty, learned counsel for respondent nos. 3, 4 and 5.
It appears that the petitioner had earlier approached this court by filing a writ petition, being WP(C) 3783/2013, challenging his dismissal from service. The said writ petition came to be disposed of by the learned Single Judge by order dated 14.11.2019 directing the respondent authorities to reinstate the petitioner with all consequential benefits. Although the respondent authorities filed a writ appeal, being WA 39/2021, against the order passed by the learned Single Judge, the same came to be dismissed vide order dated 17.12.2021 passed by a Division Bench of this court by upholding the order passed by the learned Single Judge. Thereafter, the petitioner filed a contempt petition, being Contempt Petition (C) 469/2021, alleging wilful violation of the order dated 14.11.2019 passed in WP(C) 3783/2013. The Contempt Petition was disposed of by this court vide order dated 17.12.2021 wherein it is observed as under:
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“3. 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.
Mr. Mazumdar, learned counsel for the petitioner submits that although the petitioner has been reinstated in service but as the payment has not been made, the present application is filed.
Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India states that appropriate order shall be passed for implementation of the direction of this court dated 14.11.2019 passed in WP(C) 3783/2013, as stated in paragraph 3 of the earlier order dated 17.12.2021 passed in Cont. Case (C) No. 469/2021.
In the light of the aforesaid, this Contempt Petition is closed with the direction to the respondent authorities to take a decision in accordance with the directions issued by the learned Single Judge in WP(C) 3783/2013 as also by the Division Bench in WA 39/2021. Such exercise shall be undertaken by the respondent authorities as expeditiously as possible.
JUDGE CHIEF JUSTICE
Comparing Assistant
2 issues framed by the court
Whether to close the contempt petition filed for non-implementation of reinstatement order.
Whether to direct respondent authorities to provide consequential benefits to the petitioner.
CT/GD Phukan Deori
Ajay Kumar Bhalla
Sheel Vardhan Singh
Anjani Kr. Singh
Siddhartha Sankar Sharma
P. Dearson Gaisung
Soumitra Saikia
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
