Contempt petition alleging violation of an order allowing petitioner to participate in AB Constables recruitment. The learned Single Judge found no willful disobedience due to identity discrepancies and the long lapse in the recruitment process, leading to closure.
The contempt case stands closed.
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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GAHC010012202022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/33/2022
KUMUD THAKURIA @ KUMUD KUMAR DAS S/O- PHANI RAM DAS, R/O- VILL.- GAMARIMURI, P.O. GAMARIMURI, P.S. BELSOR, DIST.- NALBARI, ASSAM
VERSUS
PABINDRA KUMAR NATH
SUPERINTENDENT OF POLICE OF NALBARI DISTRICT AT NALBARI, P.O. NALBARI (H.Q), PIN- 781335.
Advocate for the Petitioner : MR. M A SHEIKH
Advocate for the Respondent : MR. D NATH
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 10/04/2023
Heard Ms. F. Intaz, learned counsel for the petitioner. Also heard Mr. D. Nath, learned counsel appearing for the respondent.
Alleging willful violation of the order dated 10/11/2021 passed by the learned Single Judge in
WP(C) 5935/2021, whereby, a direction was issued to allow the petitioner to participate in the process
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of recruitment of AB Constables, the instant contempt case has been filed.
By filing affidavit dated 24/05/2022, the sole respondent has brought his stand on record. After perusal of the same, I am of the view that this is not case of willful disobedience of the order of this Court. It also appears that there is a serious dispute about the name of the petitioner, inasmuch as in some places, the petitioner has introduced himself as Kumud Thakuria and in same places as Kumud Kumar Das. Moreover, the process of recruitment of AB Constables is over long back and at this stage, there is no scope for the respondents to consider the case of the petitioner.
In view of the above, this contempt case stands closed.
JUDGE
sukhamay
Comparing Assistant
3 issues framed by the court
Whether the present filing constitutes a willful violation of this Court's previous order.
Whether the petitioner can claim reinstatement in the recruitment process given the elapsed time.
Whether the identity dispute between 'Kumud Thakuria' and 'Kumud Kumar Das' warrants continuation of the contempt proceedings.
Kumud Thakuria @ Kumud Kumar Das
Pabindra Kumar Nath
Superintendent of Police of Nalbari District
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
