This is a contempt petition challenging non-compliance of a prior court order. The court found that the respondent authorities complied with the earlier order by rejecting the petitioners' claim via an enquiry. The contempt petition was dismissed as devoid of merit.
Contempt petition dismissed; notice of contempt recalled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010026512021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/100/2021
BIBHUTI KR MONDAL AND ANR S/O CHAND MOHAN MONDAL, VILL. BALARCHAR PART-1, P.O. KIRTANPARA, P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM.
2: GANESH CH. SARKAR S/O SRI PRAN GOBINDA SARKAR VILL. BETBARI P.O. KHOGORPUR PS. ABHAYAPURI DIST. BONGAIGAON ASSAM
VERSUS
PREETOM SAIKIA, IAS AND ANR. COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GUWAHATI 6, ASSAM.
2:DR. BIJOYA CHAKRABORTY SECRETARY TO THE GOVERNMENT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-6
Advocate for the Petitioner : MR. J AHMED Advocate for the Respondent : MR S M T CHISTIE
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER
21-03-2023
Heard Ms. A. Hussain, learned counsel for the petitioner and Mr. SMT Chistie, learned Standing Counsel, Department of School Education for the respondents.
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Matter pertains to non-compliance of the order dated 15.02.2017, passed in WP(C) No. 5236/2010, wherein the present petitioners were the petitioner Nos. 13 and 12 respectively.
During the deliberation of the matter, Mr. Chistie, learned Standing Counsel, Department of School Education placed a copy of the order No.E-213653/78 dated 20.03.2023, passed by the Secretary to the Government of Assam in the Department of School Education rejecting the claim of the petitioners for their arrear salary after a process of enquiry in compliance of the order dated 15.02.2017, passed in WP(C) No. 5236/2010.
In view of the above, as the respondent authorities have complied with the order dated 15.02.2017, there is no such contempt of the Court’s order.
Accordingly, this contempt petition being devoid of any merit stands dismissed.
Notice of contempt issued earlier to the respondents on 19.02.2021 is hereby recalled.
Mr. SMT Chistie, learned Standing Counsel, Department of School Education shall provide a copy of the order dated 20.03.2023 of the Secretary, Department of School Education to the learned counsel for the petitioners during the course of the day.
Copy of the order dated 20.03.2023 of the Secretary, Department of School Education placed before the Court today, by Mr. SMT Chistie, learned Standing Counsel, Department of School Education be kept as part of the record.
JUDGE
Comparing Assistant
Bibhuti Kr Mondal and Another
Preetom Saikia
Manash Ranjan Pathak
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
