Contempt petition alleging wilful violation of a writ order allowing continuation at posting despite transfer. The petitioner had since retired from service and took no steps to implead the present incumbent, so nothing survived for adjudication.
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GAHC010057712019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/161/2019
CHANDRA KANTA BARMAN
LT NABIN BARMAN, R/O- BORBARI NEAR PWD COMPLEX, P.O. HENGRABARI, GHY-36, P.S. DISPUR, DIST- KAMRUP, ASSAM
VERSUS
SMT. KAVITA DEKA
CHIEF EXECUTIVE OFFICER, ASSAM KHADI AND VILLAGE INDUSTRIES BOARD CHANDMARI, GHY-3, DIST- KAMRUP, ASSAM, PIN- 781003
Advocate for the Petitioner : MR. M J BARUAH
Advocate for the Respondent :
BEFORE
THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R
12.02.2024
None appears for the petitioner on call.
The present contempt petition is filed alleging wilful violation of the order dated 06.12.2018 passed in WP(C) 5782/2017.
Office note reflects that the petitioner has not taken any steps for impleadment
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of the present incumbent who is responsible for implementation of the order in question.
This court under its order dated 06.12.2018 passed in the aforesaid writ petition i.e. WP(C) 5782/2017 considering the fact that the petitioner is in the fag end of his service career allowed him to continue in his place of posting pursuant to an interim order dated 16.09.2017 passed in the aforesaid writ petition. By the said interim order dated 16.09.2017 this court had stayed an order of transfer dated 11.08.2017. The petitioner was aged 59 years in the year 2019, when this contempt petition was filed and therefore, in the meantime, the petitioner has retired from service.
In view of the aforesaid, nothing survives to be adjudicated in this contempt petition. Accordingly, same stands closed.
JUDGE
Comparing Assistant
1 issue framed by the court
Does the contempt proceeding survive given the petitioner's retirement and failure to implead the current incumbent?
CHANDRA KANTA BARMAN
LT NABIN BARMAN
SMT. KAVITA DEKA
CHIEF EXECUTIVE OFFICER, ASSAM KHADI AND VILLAGE INDUSTRIES BOARD
ARUN DEV CHOUDHURY
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
