In a contempt petition, the Court held that after authorities issued a speaking order rejecting the petitioner's representations, no willful violation existed. The petition was closed, with liberty granted to assail the order.
Contempt petition closed; liberty granted to assail the speaking order.
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GAHC010181782019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/435/2019
MUHI GOGOI
ASSTT SCIENCE TEACHER, MAHMORA BALIJAAN HIGH SCHOOL, P.OMAHMORA BALIJAN, DIST- SIVSAGAR, PIN- 78569, ASSAM
VERSUS
ABDUL JALIL AND ANR
INSPECTOR OF SCHOOLS, SIVSAGAR DISTRICT CIRCLE, SIVSAGAR (NOW CHARAIDEO)
2:P JIDUNG, AES DIRECTOR OF SECONDARY EDUCATION ASSAM, KAHILIPARA, GUWAHATI- 1
Advocate for the Petitioner : MR. D C C PHUKAN
Advocate for the Respondent : MR. B P BORAH
– B E F O R E –
HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
04.12.2023
Heard Mr. D.C.C. Phukan, learned counsel for the petitioner, who submits that in pursuance to the directives passed by this Court vide judgment and order dated 09.10.2018 in WP(C) No.7146/2018, belatedly the respondent
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authorities have issued a speaking order, dated 21.02.2023, to the effect towards disposal of the representations submitted by the petitioner.
The speaking order, so issued, rejects the claim made by the petitioner in the said representations.
In view of the issuance of the speaking order, in my considered view, there exists no willful and deliberate violation committed by the authorities with the directives passed vide judgment and order dated 09.10.2018 in WP(C) No.7146/2018 and accordingly, this contempt petition is closed.
However, liberty is granted to the petitioner to assail the conclusions reached in the speaking order, if so permitted by law.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the contempt petition should be closed after the respondents issued a speaking order rejecting the petitioner's representations.
Whether the petitioner is granted liberty to assail the conclusions reached in the speaking order.
Muhi Gogoi
Abdul Jalil
Inspector of Schools
N. Unni Krishnan Nair
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
