Xxx Vs in Re - Kujendra Doley — Contempt of Court | Gauhati HC (2023)

Xxx Vs in Re - Kujendra Doley — Contempt of Court | Gauhati HC (2023)

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GAHC010157252022

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Cont.Cas(C)(Suo Moto)/1/2022

XXX XXX

VERSUS

IN RE - KUJENDRA DOLEY PARAMOUNT GREENS, FLAT-5C, VIP ROAD, CHACHAL, SIX MILE, GUWAHATI-781022 (SECRETARY (RETD.) TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT)

Advocate for the Petitioner : SC, GHC

Advocate for the Respondent : MR. R DE

BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

ORDER

Date : 11/12/2023

Heard Mr. H. K. Das, learned Standing Counsel, Gauhati High Court, appearing for the petitioner. Also heard Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department, Assam. Mr. R. De, learned counsel has appeared on behalf of the opposite party/contemnor.

This contempt case was registered suo-moto based on the order dated 28/04/2022 passed by the learned Single Judge in WP(C) 666/2022, by taking note of the fact that the then departmental Deputy Secretary i.e. the opposite party/contemnor had issued order

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dated 29/04/2015 which was contrary to the findings and observations made by the learned Single Judge in the order dated 02/04/2014 passed in WP(C) 1806/2014. Mr. De submits that it was a bona fide mistake on the part of the opposite party and since he has already retired from service, the contempt proceeding be closed by accepting the explanation and apology tendered by his client.

The explanation furnished by the opposite party/contemnor is available in para 5 of the affidavit, which is reproduced herein below for ready reference :-

“5. That, with regard to the statements made in paragraph 8 of the Contempt Petition, the deponent respectfully admits that the speaking order dated 29/04/2015 was passed by him. It is however most respectfully submitted that as far as the deponent can recollect, when the note was prepared and the file was placed before the deponent, the order of the Hon’ble Court had somehow inadvertently got unnoticed from the eyes of the deponent which is completely unintentional and non-deliberate. It is most respectfully submitted that the said omission on part of the deponent is a bonafide mistake and the deponent most humbly tenders his unconditional and unqualified apology for the same. The deponent humbly states that he has the highest regards for the Hon’ble Court and he had never endeavored to willfully and/or deliberately disobey the directions/orders of the Hon’ble Court.”

Having regard to the facts and circumstances of the case, the explanation furnished by the Officer and after taking note of the apology tendered by him, this Court is of the opinion that no further proceeding in this Suo-moto contempt case is called for.

The contempt proceeding accordingly, stands closed.

JUDGE

sukhamay

Comparing Assistant