In a contempt petition alleging non-compliance with a Single Judge's direction for promotion, the Court accepted that a pending appeal prevents compliance, thereby closing the case with liberty to file a fresh petition later.
Contempt case closed with liberty to file appropriate petition when the occasion arises.
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.
Page No.# 1/2
GAHC010059142023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/148/2023
SARAT CHANDRA HAZARIKA
S/O- LATE MAHENDRA HAZARIKA, R/O- BEBEJIA, P.O. BEBEJIA, DIST. NAGAON, ASSAM-782142.
VERSUS
ADIL KHAN AND ANR
SECRETARY TO THE GOVT. OF ASSAM, TRANSPORT DEPARTMENT, DISPUR, GUWAHATI-6.
2:PARTHO PEGU DIRECTOR INLAND WATER TRANSPORT ASSAM ULUBARI GUWAHATI-7
Advocate for the Petitioner : MR B PRASAD Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 20-03-2023
Heard Mr. D. Kalita, learned counsel for the petitioner.
Alleging wilful disobedience of the order dated 22-03-2022 passed by the learned
Page No.# 2/2
Single Judge in W.P.(C) No. 6534/2019, this contempt case has been filed.
By the order dated 22-03-2022 the learned Single Judge had issued a direction to consider the case of the petitioner for promotion to the post of Jr. Assistant (District Level).
Ms. M.D. Bora, learned standing counsel, Transport Department, Assam has apprised this Court that an appeal has been preferred by the private respondent against the order dated 22-03-2022, which is pending disposal before the Division Bench. As such, the departmental authorities are not in a position to comply with the direction passed by the learned Single Judge vide order dated 22-03-2022 till the appeal is disposed of.
It is settled law that question of contempt of court would arise when there is wilful disobedience of the order passed by the Court. Since the submission of Ms. Bora that a writ appeal is pending against the order dated 22-03-2022 is not contested by Mr. Kalita, it is apparent that until the issue is resolved before the Division Bench, the question of consideration of the petitioner’s case for promotion would not arise.
In view of the above, by granting liberty to the petitioner to file appropriate petition as and when the occasion arises, this contempt case stands closed.
JUDGE
GS
Comparing Assistant
1 issue framed by the court
Whether the filing of a pending appeal precludes the finding of wilful disobedience constituting contempt of court regarding a pending direction for promotion.
Sarat Chandra Hazarika
Adil Khan
Secretary to the Govt. of Assam
Suman Shyam
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
