Arjun Singh Vs Shri Sandeep Kumar, IFS and Anr.

“Considering the issue involved in the matter and considering the fact that the representation preferred before the respondent authorities is already pending, this Court is of the considered view that the writ petition can be disposed of with a direction to the PCCF to expeditiously dispose of the representation dated 05.11.2022 pending before the authorities and thereafter pass appropriate orders in the matter. This direction being issued to the PCCF is also being issued to the respondent No. 8.

¶21

The respondents No. 3 & 8 are directed to address the issue raised by the petitioner and thereupon pass a speaking order in respect of the grievance raised by the petitioner. This exercise will be completed within a period of 60 days from the date of receipt of certified copy of this order.

¶22

Accordingly, the writ petition stands disposed of in terms of the above.”

¶23

3. Since this order was not complied with, this contempt petition has been filed.

¶24

4. Today when the matter is called up, Mr. A Chaliha, learned counsel representing the respondent No. 2 has placed before the Court a speaking order dated 04.07.2024 passed by the Principal Chief Conservator of Forest and Head of Forest Force, Assam. After considering the matter in its entirety, the Chief Conservator of Forest had disposed of the representation with the following order:

¶25

“In view of the above, it is ordered that the matter of non-payment of salary to Sri Arjun Singh from 23.07.2015 to 18.12.2016 with the above observations, may be forwarded to the Environment & Forest Department, Government of Assam for suitable decision and further orders for payment of salary to Sri Arjun Singh from 23.07.2015 to 18.12.2016, in view of the Hon’ble Gauhati High Court order Dtd. 30.11.2023 in Writ Petition(C) No. 6568/2023 in the matter of Arjun Singh –vs- State of Assam & 7 Ors.”

¶26

The said order has also been forwarded to the Special Chief Secretary, Forest,

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Page No.# 3/4

¶28

Government of Assam, Environment, Forest & Climate Change Department.

¶29

5. By the order dated 04.07.2024, it is seen that Principal Chief Conservator of Forest after consideration of the entire facts ordered that the observations made in the said order be forwarded to the Environment & Forest Department, Government of Assam for suitable decision and further orders for payment of salary to the writ petitioner from 23.07.15 to 18.12.2016 in terms of the order dated 30.11.2023 passed in W.P(C) No.6568/2023

¶30

6. Mr. Chaliha submits that the matter is now under consideration in the State Government for taking necessary steps to implement the decision of the Court as well as order passed by the Principal Chief Conservator of Forest.

¶31

7. The writ petition being W.P(C) No. 6568/2023 came to be disposed of with a direction that the Principal Chief Conservator of Forest will expeditiously dispose of the representation dated 05.11.2022 and pass appropriate orders. A similar direction was also issued to the respondent No. 8 namely, The Commissioner & Secretary, Government of Assam, Finance Department.

¶32

8. Mr. A Chaliha therefore submits that in so far as the direction to the Principal Chief Conservator of Forest is concerned that has been compiled with as the representation has been disposed of by order dated 04.07.2024. The counsel submits that the respondent No. 8 namely the Finance Department, the role in passing any effective orders will come only upon the relevant proposal being issued in terms of the order passed by the Principal Chief Conservator of Forest dated 04.07.2024.

¶33

9. Under such circumstances, since the directions contained in the order dated 30.11.2023 passed in W.P.(C) No. 6568/2023 has since been complied with by the respondent No. 1. This Court is of the view that the contempt petition at this stage can be closed with a further direction to the respondent No. 2 and Special Chief

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Page No.# 4/4

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Secretary, Environment & Forest and Climate Change to expeditiously sanction and pass appropriate orders on any such proposals as may be received from the administrative department in respect of the claims of arrear salary of the petitioner. The respondent No. 2 and Special Chief Secretary, Environment & Forest and Climate Change Department will take all steps to sanction such claims for arrear salary as have been payment to the contempt petitioner.

¶36

10. Accordingly, the contempt petition stands closed.

¶37

JUDGE

¶38

Comparing Assistant

Arjun Singh v. Shri Sandeep Kumar, IFS and Anr.

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Arjun Singh v. Shri Sandeep Kumar, IFS and Anr.

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