Dismissed

Dulendra Chandra Das and 4 Ors. v. Dr. J B Ekka, IAS

Gauhati HC4 Mar 2022Cont.Cas(C)/253/2021

Case brief

AI extract

What is this about?

In this Contempt Petition, the petitioners alleged disobedience of a prior PIL order concerning misappropriation of public funds. Upon hearing the counsel, it was submitted that the order was complied with via an inquiry leading to action against officials. The court dismissed the contempt petition.

What did the court decide?

Proceedings in the Contempt Petition were dismissed and notices to the respondents were discharged.

Dulendra Chandra Das and 4 Ors. Vs Dr. J B Ekka, IAS — Contempt of Court | Gauhati HC (2022)

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GAHC010116512021

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

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Case No. : Cont.Cas(C)/253/2021

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DULENDRA CHANDRA DAS AND 4 ORS

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S/O LATE DEBENDRA CHANDRA DAS, P/R/O VILL- SRIPUR PART-I, P.O.FULBARI, P.S.-KATIGORAH, DIST- CACHAR, ASSAM, PIN-788802

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2: DILWAR HUSSAIN MAZUMDAR S/O FAKAR UDDIN MAZUMDAR VILL-GANIRGRAM PT-I P.O.-GANIRGRAM PT-II P.S.-KATIGORAH DIST-CACHAR ASSAM PIN-788025

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3: ABDUL JOLIL MAZUMDER S/O LATE ISLAM UDDIN MAZUMDER P/R/O VILL-GONIRGRAM PART-I P.O.-GONIRGRAM PART-II P.S.-KATIGORAH DIST-CACHAR ASSAM PIN-788025

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4: ABUL HUSSAIN LASKAR S/O LATE ABDUL HASIM LASKAR P/R/O VILL-GONIRGRAM PART-I P.O.-GONIRGRAM PART-II P.S.-KATIGORAH DIST-CACHAR ASSAM PIN-788025

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5: SMTI. SUKTA RANI DAS W/O DIPAK RANJAN DAS P/R/O VILL-SRIPUR PART-II

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Page No.# 2/4

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P.O.-GONIRGRAM P.S.-KATIGORAH DIST-CACHAR ASSAM PIN-78802

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VERSUS

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DR. J B EKKA, IAS

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THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6

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Advocate for the Petitioner : MR. A M S MAZUMDER

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Advocate for the Respondent : MR. A BHATTACHARJEE (R-1)

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BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 04.03.2022

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Heard Mr. A.M.S. Mazumder, learned counsel for the petitioners. Also heard Mr. M. Nath, learned counsel for the sole respondent/contemnor.

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This Contempt Petition has been filed by the petitioners alleging willful and deliberate disobedience of the order dated 22.02.2021 passed by this court in PIL No. 8/2021.

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The petitioners had filed the aforesaid PIL alleging misappropriation of public funds by Members of a Gaon Panchayat with connivance of the authorities. The PIL was disposed of by this court on 22.02.2021 by the following order:

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“ Heard Mr. A. M. S. Mazumder, learned counsel for the petitioners. Also

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Page No.# 3/4

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heard Mr. M. Nath, learned Standing Counsel, PNRD for the respondent nos. 1, 2, 5, 7 and 10 as well as Mr. T. C. Chutia, learned Additional Senior Government Advocate for the respondent nos. 3, 4 & 6.

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The petitioners are the members of a “Gram Sabha” constituency and have alleged misappropriation of fund by the “Panchayat” and alleged a role of involvement of authorities in the said misappropriation. Hence, the petitioners have filed the present petition before this Court as Public Interest Litigation.

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Without going into the merit of the case, since we have found that there is a representation of the petitioners in this regard which is pending before the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department (PNRD) since 28.10.2020, we dispose of the writ petition with a direction to the concerned Principal Secretary to take cognizance of the matter and after giving a hearing to the petitioners and any other concerned persons, take appropriate action by way of passing a speaking order within six weeks thereafter.

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We make it also very clear that in case, the said representation dated 28.10.2020, is not located in the Office of the PNRD, the petitioners would be at liberty to file a fresh representation including a copy of the present petition within a period of three weeks from today, before the concerned Principal Secretary, who shall take a decision within six weeks thereafter.

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This PIL is disposed of in the above terms.”

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Since the order was not complied with by the respondent authorities, the present Contempt Petition was filed.

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In this PIL proceeding, notice was sent to the sole respondent/contemnor and the respondent/contemnor has appeared and has also filed counter affidavit.

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Today, referring to the counter affidavit, Mr. M. Nath, learned counsel appearing for the sole respondent/contemnor states that the order of this court passed in the PIL has been complied with inasmuch as an inquiry was conducted as directed by this court and six officials were found to have been involved in the misappropriation of funds, against whom appropriate action is being taken in accordance with law.

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Mr. A.M.S. Mazumder, learned counsel for the petitioners submits that the order has been complied with.

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In view of the above statement of the learned counsel for the petitioners, this Contempt Petition is dismissed.

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Notices sent to the respondents are discharged.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Dulendra Chandra Das and 4 Ors. v. Dr. J B Ekka, IAS

Case brief

What is this about?

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Dulendra Chandra Das and 4 Ors. v. Dr. J B Ekka, IAS

Case brief

What is this about?

What did the court decide?

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