Penal relief sought in the Contempt Petition due to alleged non-implementation of earlier Court directions regarding appointment to a Grade-IV post. The Court found that the District Level Committee had made the necessary recommendation to the State Level Committee, thus fulfilling the direction.
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GAHC010143022020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/489/2020
AFAZUDDIN AHMED
S/O- LT. FAIJUDDIN @ FAIZUDDIN AHMED, R/O- VILL- DHEPAJAN MORIKALONG, P.O. ROUTHOLI, P.S. NAGAON SADAR, DIST.- NAGAON, ASSAM, PIN- 782001
VERSUS
KUMAR SANJAY KRISHNA AND 4 ORS (IAS), THE CHIEF SECRETARY, TO THE GOVT. OF ASSAM, DISPUR, GHY-6, ASSAM
2:ALAK KUMAR SAHARIA (IAS) THE COMM. SECY. (PRINCIPAL SECY.) FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT. GOVT. OF ASSAM DISPUR GHY-6 ASSAM 3:MANAS NATH (ACS) THE DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT. BHANGAGARH GHY-5 DIST.- KAMRUP (M) ASSAM 4:BHARAT BORDALOI THE PRESIDENT DIST. AND CONSUMER FORUM AT TEZPUR DIST.- SONITPUR
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ASSAM PIN- 784001
5:MANVENDRA PRATAP SINGH (IAS) THE DY. COMMISSIONER TEZPUR AT TEZPUR DIST.- SONITPUR ASSAM PIN- 78400
Advocate for the Petitioner : MR. N K MURRY
Advocate for the Respondent : MR M HUSSAIN
BEFORE
HONOURABLE MR. JUSTICE K. SEMA
ORDER
Date : 04.03.2022
Heard Mr. N.K. Murry, learned counsel for the petitioner and Mr. N. Haque, learned counsel for the respondent Nos. 4 and 5.
Consequent to the order dated 12.09.2018 passed by this Court in W.P.(C) No. 6242/2018 the case of the petitioner for appointment to Grade-IV post was considered by the District Level Committee(DLC) and the case of the petitioner was recommended to the State Level Committee(SLC) on 12.09.2018. Subsequently when the case was listed, the minutes of the meeting dated 27/2/2019 of the DLC was not brought to the notice of this Court and because of which, the order dated 18.06.2019 was passed by this Court directing the respondent authorities to place the case of the petitioner before the DLC in the next meeting within 3 (three) months from the date of receipt of a certified copy of the order dated 18.06.2019 and thereafter to place the matter before the SLC, if recommended by the DLC for necessary action.
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It is submitted by the learned counsel for the parties that in so far as the recommendation by the DLC is concerned, it has been complied with. However, the learned counsel for the petitioner submits that the SLC has not taken any consequential action. The fact however remains that as directed in the order dated 18.06.2019, the DLC has already made the recommendation to the SLC for appointment of the petitioner to a Grade-IV post.
This Court is therefore of the view that the direction given by this court in order dated 18.06.2009 has been complied with and nothing survives for consideration in the Contempt Petition. If the petitioner is aggrieved by the inaction of the SLC on the recommendation of the DLC, that would be a new cause of action which cannot be adjudicated in the present Contempt Petition. The petitioner may seek proper relief in the appropriate forum, if so advised.
The Contempt Petition stands disposed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the directions given by this Court in the order dated 18.06.2019 regarding appointment to a Grade-IV post have been complied with by the respondents in a Contempt Petition
AFAZUDDIN AHMED
KUMAR SANJAY KRISHNA
ALAK KUMAR SAHARIA
MANAS NATH
BHARAT BORDALOI
MANVENDRA PRATAP SINGH
K. SEMA
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
