Dipak Chakraborty v. Alok Kumar and 4 Ors.
Case brief
What is this about?
The Gauhati High Court held that a partial payment by authorities does not constitute a wilful and deliberate violation of a court order warranting contempt. The Court directed respondents to decide the discrepancy in medical expenses and process travelling allowance claims via reasoned orders within one month after hearing the petitioner, closing the contempt petition with liberty to pursue the d
What did the court decide?
Contempt petition closed; authorities directed to pass reasoned orders within one month regarding discrepancy in medical expenses and petrol allowance claims after hearing the petitioner.
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GAHC010263762019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/646/2019
DIPAK CHAKRABORTY
S/O- LT UPENDRA KUMAR CHAKRABORTY, GOKUL DHAM COMPLEX, OPP. ASEB SILCHAR SUB-DIVISION-II, HAILAKANDI ROAD, SILCHAR, DIST- CACHAR, ASSAM
VERSUS
ALOK KUMAR AND 4 ORS. THE CHIEF SECY. TO THE GOVT. OF ASSAM, (P.H.E) DISPUR, GHY-06
2:DR. SIDDARTHA SING
THE SECY. TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT. DISPUR GHY-06
3:MANIN KUMAR DAS
THE UNDER SECY. TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT. DISPUR GHY-06
Issues for consideration
3 issues framed by the court
Whether a partial payment by authorities after a court order can be construed as a wilful and deliberate violation inviting contempt jurisdiction.
Whether claims for adjustment of certified medical expenses and travelling allowances can be decided by the Court under contempt proceedings instead of appropriate civil proceedings.
Whether authorities can be directed to pass reasoned orders within a specific time limit regarding the petitioner's claims for entitlement discrepancy and travelling allowances.
Parties & counsel
- petitioner
Dipak Chakraborty
- respondent
Allok Kumar and 4 Ors
Coram
Achintya Malla Bujor Barua
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · November
- Registered
- Case no.
- Cont.Cas(C)/646/2019
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