Disposed
Phulendra Kalita v. B Kalyan Chakrabarthy, IAS and Anr.
Gauhati HCCont.Cas(C)/490/2021
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GAHC010220492021 THE GAUHATI HIGH COURT…
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GAHC010220492021 THE GAUHATI HIGH COURT…
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GAHC010220492021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/490/2021
PHULENDRA KALITA
S/O LT. KASHINATH KALITA INSPECTOR OF SCHOOLS BARPETA VILL. JYOTINAGAR P.S. AND P.O. PATHSALA DIST. BARPETA , ASSAM, PIN-781325
VERSUS
B KALYAN CHAKRABARTHY, IAS AND ANR THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF SECONDARY EDUCATION ASSAM CIVIL SECRETARIAT BLOCK C DISPUR, GUWAHATI, ASSAM, PIN-781006
2:PRITAM SAIKIA IAS SPECIAL COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 78800
Advocate for the Petitioner : MR. B PURKAYASTHA
Advocate for the Respondent : MR. R MAZUMDAR (r-1,2)
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 13-05-2022
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Heard Mr. B. Zaman, learned counsel for the petitioner and Mr. S.M.T. Chistie, learned counsel appearing on behalf of the contemnor.
The instant contempt proceeding have been initiated against the non-compliance of the order dated 10.11.2021 passed in WP(C) No. 5858/2021.
Mr. S.M.T. Chistie, learned counsel for the contemnor submits that the Secretary to the Government of Assam, Secondary Education Department taking into consideration that the petitioner has been convicted under Section 7 and 13(2) of the Prevention of Corruption Act and sentenced to imprisonment for 4(four) years by the Special Judge in Special Case No. 15/2017 and the said conviction having been not suspended or set aside till date, had taken a decision that the delinquent officer is liable for dismissal from service in terms with Rule 1964 read with Article 311(2)(a) of the Constitution.
Taking into consideration the said order dated 13.05.2022, which the learned counsel for the contemnor has produced, the instant contempt proceeding stands closed.
The order dated 13.05.2022 is kept on record and marked with the letter ‘X’.
Comparing Assistant
PHULENDRA KALITA
B KALYAN CHAKRABARTHY, IAS AND ANR
DEVASHIS BARUAH
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