Dulu Moni Bonia Vs Niraj Verma, IAS and 8 Ors. — Contempt of Court | Gauhati HC (2026)

Dulu Moni Bonia Vs Niraj Verma, IAS and 8 Ors. — Contempt of Court | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Contempt petition closed without any punitive or adverse order after finding compliance with the order dated 02.08.2022 in WP(C) No. 3776/2021; petitioner left free to pursue any remaining grievance (arrears of pension) before the appropriate forum; copy of the Senior Accounts Officer's communication kept on record and furnished to petitioner's counsel.

Issue for consideration

Whether the order dated 02.08.2022 passed in WP(C) No. 3776/2021 (equal sharing of family pension between the first wife and the minor daughter) has been willfully and deliberately violated so as to constitute contempt.

Court's answer

This Court held that the order dated 02.08.2022, passed in WP(C) No. 3776/2021, is complied with.

Ratio / Principle

From the record, the claim of arrear of pension was neither adjudicated nor decided in the aforesaid writ petition; this formed part of the backdrop for the compliance finding.

Key takeaways

The present contempt petition stands closed.ratio¶9
The petitioner may approach the appropriate forum if any grievance remains (including the unadjudicated claim of arrear of pension).obiter¶10
Copy of the communication furnished by respondents' counsel was ordered to be kept on record and also furnished to the learned counsel for the petitioner.obiter

Detailed headnote1 paragraphs

Contempt - Alleged willful violation of order dated 02.08.2022 in WP(C) No. 3776/2021 (Gauhati High Court) directing that the family pension of deceased Government servant Dulal Chandra Bania @ Dulal Bania be shared equally between his first wife Bhabani Bania and minor daughter Dulu Moni Bania (from the second wife), the petition filed through the mother Namita Sarker Bania as legal guardian. Respondents' counsel produced a communication of the Senior Accounts Officer, Office of the Principal Accountant General (A&E), Assam, showing that in compliance with the order, arrangement for family pension in equal share between the first wife and the minor daughter is to be made till 14.07.2038 (till the minor attains 21 years) after obtaining a legal guardianship certificate; both beneficiaries were already receiving pension. The claim of arrear of pension had been neither adjudicated nor decided in the writ petition. Held: the order dated 02.08.2022 stands complied with; contempt petition closed; petitioner free to approach the appropriate forum for any remaining grievance. Single Judge: Arun Dev Choudhury, J.; decided 07-03-2026.

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GAHC010084052023

2026:GAU-AS:3396

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

Case No. : Cont.Cas(C)/225/2023

DULU MONI BONIA

(MINOR), D/O LT. DULAL BANIA @ DULAL CHANDRA BANIA, VILLRANTHOLI, P.S.-NAGAON, DIST-NAGAON, ASSAM, PIN-782101, REPRESENTED BY HER MOTHER NAMITA SARKER BANIA, LEGAL GUARDIAN OF THE PETITIONER

VERSUS

NIRAJ VERMA, IAS AND 8 ORS. SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GHY-6

2:GYANENDRA PRATAP SINGH IPS THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-05

3:APARNA N

IPS THE SUPERINTENDENT OF POLICE MORIGAON DIST-MORIGAON ASSAM PIN-7820105

4:DEVASHISH SHARMA IAS THE DEPUTY COMMISSIONER MORIGAON ASSAM

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P.O. AND P.S. AND DIST-MORIGAON PIN-782105 5:JAYANT SINGH THE COMMANDANT 1ST ASSAM POLICE BATTALION SIBSAGAR P.S. P.O. AND DIST-SIBSAGAR ASSAM 6:PRITHWISH KUMAR CHAKI THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX DISPUR GHY-6 7:K.S. GOPINATH NARAYAN IA AND AS THE ACCOUNTANT GENERAL OF ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 8:ALOK TAMULI THE TREASURY OFFICER MORIGAON TREASURY OFFICE MORIGAON ASSAM 9:MANORANJAN GOHIN TREASURY OFFICER NAGAON TREASURY NAGAON DISTRICT-NAGAON (ASSAM)

Advocate for the Petitioner : MR. M U MONDAL, MR A ALIM SK,MR K ISLAM,MD. I H KHAN

Advocate for the Respondent : MR. J HANDIQUE,

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BEFORE

HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

07-03-2026

1. Heard Mr. M. U. Mondal, learned counsel for the petitioner and Mr. J. Handique, learned counsel for the respondents/contemnors.

2. Alleging willful and deliberate violation of the order dated 02.08.2022, passed in WP(C) No. 3776/2021, the present contempt petition is filed.

3. By the aforesaid order, a direction was issued that the family pension, after the death of the Government Servant, namely, Dulal Chandra Bania @ Dulal Bania be shared equally between Bhabani Bania, 1^st wife and Dulu Moni Bania, minor daughter from the second wife of said Dulal Bania.

4. The present contempt petition is filed by the second wife of late Dulal Bania, being a guardian of said minor daughter.

5. Mr. Handique, learned counsel for the respondents/ contemnors has produced a written communication addressed by Senior Accounts Officer of Office of the Principal Accountant General (A&E), Assam, which goes to show that in compliance of this Court’s order dated 02.08.2022 (supra), necessary arrangement for family pension in equal share is to be made between the aforesaid 1^st wife and minor daughter till 14.07.2038, i.e., till attaining the age of 21 years after obtaining legal guardianship certificate.

6. It is submitted by the learned counsel for the petitioner that both the 1^st wife and minor daughter of late Dulal Bania are receiving family pension,

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however, arrear of pension is yet to receive.

7. From the record, it is seen that the claim of the arrear of pension was neither adjudicated nor decided in the aforesaid writ petition.

8. In view of the aforesaid backdrop, this Court is of the opinion that the order 02.08.2022, passed in WP(C) No. 3776/2021, is complied with.

9. Accordingly, the present contempt petition stands closed.

10. It is needless to say that the petitioner may approach the appropriate forum, if any grievance remains.

11. Copy of the aforesaid communication so furnished by Mr. Handique, learned counsel for the respondents/contemnors be kept on record and the same also be furnished to the learned counsel for the petitioner.

JUDGE

Comparing Assistant