No advocate appeared for the petitioner. The respondent counsel argued payments were made till termination and the petitioner was appointed against a non-existent post. The court found no willful violation of a prior direction and closed the contempt petition.
Contempt petition stands closed.
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GAHC010154092020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/512/2020
JAROW BASUMATARY
W/O SRI KEDAR BASUMATARY, R/O VILL. NIZLAGURI, P.O. SHANTIPUR, DIST. CHIRANG, ASSAM, PIN-783375
VERSUS
JAGADISH PRASAD BRAHMA
DIRECTOR OF EDUCATION, BODOLAND TERRITORIAL COUNCIL KOKRAJHAR (BTAD), P.O. KOKRAJHAR, PIN-783370, DIST KOKRAJHAR, BTAD, ASSAM
Advocate for the Petitioner : MR. J C GOGOI
Advocate for the Respondent : MR A CHALIHA
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 10.01.2024
None appears for the petitioner on call.
Ms. S. Chutia, learned counsel appears for the sole respondent has referred to the affidavit filed by the said authority and contended that the Director conducted an enquiry therein and it was found that the petitioners were appointed against the non-existent post and
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their services were terminated vide order dated 12.11.2004. It is also further contended that the payments due to the petitioner was paid till the date of termination and no arrears exists thereon.
In view of the said position, I am of the view that there is no willful and deliberation violation of the direction passed by this Court vide order dated 20.09.2019 in WP(C) 7095/2017 and accordingly, the contempt petition stands closed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the respondent Director willfully and deliberately violated the direction passed by this Court in WP(C) 7095/2017 regarding the petitioner's termination.
Jarow Basumatary
Jagadish Prasad Brahma
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
