Dismissed

Biswanath Mazumder v. Preetom Saikia, I.A.S. and 3 Ors.

Gauhati HC8 Jun 2022Cont.Cas(C)/439/2020

Case brief

AI extract

What is this about?

In a contempt petition alleging violation of a prior order directing authorities to verify service records and grant relief within four months, the court held that the rejection of the claim following verification proved no violation. The petition was closed, but liberty was granted to assail the rejection order.

What did the court decide?

Contempt petition closed; liberty granted to assail the rejection order.

Biswanath Mazumder Vs Preetom Saikia, I.A.S. and 3 Ors. — Contempt of Court | Gauhati HC (2022)

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GAHC010129412020

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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)/439/2020

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BISWANATH MAZUMDER

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S/O- SUSHIL KUMAR MAZUMDER, LECTURER OF PHYSICS, SILCHAR POLYTECHNIC, DIST- CACHAR, ASSAM, PIN 788015

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VERSUS

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PREETOM SAIKIA, I.A.S. AND 3 ORS. COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GHY-781006, DIST- KAMRUP(M), ASSAM 2:ATUL BORA B.E. (GU) M.E. IIT(ROORKEE) PH. D. (GU) DIRECTOR OF TECHNICAL EDUCATION ASSAM KAHILIPARA GHY-781019 DIST- KAMRUP(M) ASSAM 3:GULZARI LAL I.A. AND A.S. THE PRINCIPAL ACCOUNTANT GENERAL(A AND E) ASSAM MAIDAMGAON BELTOLA PO-GUWAHATI PIN-781029 DIST-KAMRUP(M) ASSAM

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4:MANSUR HILAL MAZUMDAR A.M.I.E. M.E. A.E.C JALUKBARI GUWAHATI PH.D N.I.T. SILCHAR THE PRINCIPAL SILCHAR POLYTECHNIC MEHERPUR SILCHAR PIN-788015 DIST- CACHAR ASSA

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Advocate for the Petitioner : MR H K DAS

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Advocate for the Respondent : MR. K GOGOI

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 08-06-2022

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Heard Mr. H.K. Das, learned counsel for the petitioner and Mr. K. Gogoi, learned counsel for the respondent contemnors in the Higher Education Department, Government of Assam.

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This contempt petition is instituted alleging willful and deliberate violation of the order dated 04.09.2019 in WP(C) No. 3993/2018. Paragraph 4 of the said order is extracted as below:

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“4. This Court is of the view that the aforesaid relief can be considered by the authorities by passing appropriate orders after making verification of the service records of the petitioner and if he is found to be eligible for the relief claimed in this petition, the same may be afforded, which exercise shall be undertaken within a period

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of four months from the date of receipt of a certified copy of this order.”

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A reading of the extracted portion of the direction of this Court makes it discernible that there was a requirement of the respondent authorities to verify the service records of the petitioner and if found eligible for the relief claimed for, the same be provided within a period of 4 months.

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In response thereof, an order dated 23.03.2022 of the Principal Secretary to the Government of Assam in the Higher Education Department has been produced, wherein it is provided that after verification of the service records of the petitioner, it was found that the petitioner was not eligible for the relief as claimed by him. As the authorities had examined the claim of the petitioner after verification of the records and accordingly, rejected the claim, we are of the view that no willful and deliberate violation has been made by the respondent authorities. Accordingly, the contempt petition stands closed. However, liberty is granted to the petitioner, if so advised, to assail the order dated 23.03.2022.

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A copy of the order dated 23.03.2022 kept on record.

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Comparing Assistant

Biswanath Mazumder v. Preetom Saikia, I.A.S. and 3 Ors.

Case brief

What is this about?

What did the court decide?

Biswanath Mazumder v. Preetom Saikia, I.A.S. and 3 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

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