Disposed¶22

Bonil Johori v. Rajib Kharigapsa and Anr.

Gauhati HC15 Mar 2026Cont.Cas(C)/563/2025

Case brief

AI extract

What is this about?

Gauhati High Court contempt proceeding, Cont.Cas(C)/563/2025, Bonil Johori v. Rajib Kharigapsa (Principal Secretary (N), N.C. Hills Autonomous Council) and Debolal Garlosa (Chief Executive Member); alleged non-compliance of order dated 17.06.2025 in WP(C) No. 5478/2021; supply of Enquiry Report under Rule 9-A, Assam Services (Discipline and Appeal) Rules, 1964; letter dated 21.11.2025 by Chief Executive Member; fresh decision on termination by Disciplinary Authority; contempt petition closed and disposed of; decided 16-03-2026 by Shamima Jahan, J.

What did the court decide?

None; the contempt petition was closed and disposed of in view of the steps taken pursuant to the order dated 17.06.2025, including the letter dated 21.11.2025 directing furnishing of the Enquiry Report and a fresh decision by the Disciplinary Authority. ¶22

Bonil Johori Vs Rajib Kharigapsa and Anr. — Contempt of Court | Gauhati HC (2026)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the respondents committed contempt by non-compliance of the order dated 17.06.2025 passed in WP(C) No. 5478/2021.

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Court's answer

In furtherance of the order dated 17.06.2025, the Chief Executive Member of the North Cachar Hills Autonomous Council, Haflong, by letter dated 21.11.2025 to the Principal Secretary (N), Dima Hasao Autonomous Council, Haflong, directed that the Enquiry Report be furnished to the petitioner along with two others as per Rule 9-A of the Rules of 1964, and that a fresh decision be taken on receipt and consideration of the representation to be filed by the petitioner.

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Ratio / Principle

The Principal Secretary (N), Dima Hasao Autonomous Council, Haflong is the Disciplinary Authority, and as per the said letter the Disciplinary Authority has to take a fresh decision on the issue of termination of the petitioner, taking into account the representation to be filed by the petitioner after receipt of the Enquiry Report.

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Key takeaways

In view of the steps recorded above, the instant contempt petition stands closed and disposed of.ratio¶22

Detailed headnote1 paragraphs

Contempt of Court — petition under Sections 11 & 12 of the Contempt of Court's Act read with Article 215 of the Constitution alleging non-compliance of order dated 17.06.2025 in WP(C) No. 5478/2021 — the said writ order had set aside the Appellate Authority's order dated 29.01.2021 for non-supply of the Enquiry Report and remanded the matter for fresh consideration under Rule 9-A of the Assam Services (Discipline and Appeal) Rules, 1964 within 30 days — Chief Executive Member, N.C. Hills Autonomous Council, by letter dated 21.11.2025, directed furnishing of the Enquiry Report to the petitioner and a fresh decision by the Disciplinary Authority (Principal Secretary (N), Dima Hasao Autonomous Council) after considering the petitioner's representation — in view of these steps, contempt petition closed and disposed of. (Gauhati High Court, Shamima Jahan, J., 16-03-2026)

Page No.# 1/3

GAHC010237842025

2026:GAU-AS:3809

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

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Case No. : Cont.Cas(C)/563/2025

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BONIL JOHORI S/O- LATE ANANTA JOHRI R/O- BOILDURA P.O HAFLONG DIST- DIMA HASAO ASSAM

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VERSUS

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RAJIB KHARIGAPSA AND ANR THE PRINCIPAL SECRETARY (N) N.C. HILLS AUTONOMOUS COUNCIL HAFLONG DIST- DIMA HASAO PIN-788819 ASSAM

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2:DEBOLAL GARLOSA THE CHIEF EXECUTIVE MEMBER N.C. HILLS AUTONOMOUS COUNCIL HAFLONG DIST- DIMA HASAO PIN-788819 ------------

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Advocate for : MR. J LASKAR Advocate for : MR D KALITA (R-2) appearing for RAJIB KHARIGAPSA AND ANR

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Page No.# 2/3

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BEFORE

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HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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Date : 16-03-2026

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Heard Mr. J Laskar, learned counsel for the petitioner as well as Mr. D Kalita, learned counsel for the respondent Nos. 1 & 2.

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[2] By this application, filed under Sections 11 & 12 of the Contempt of Court’s Act read with Article 215 of the Constitution of India, the petitioner has alleged non-compliance of the order dated 17.06.2025 passed in WP(C) No. 5478/2021.

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[3] By the said order dated 17.06.2025, this Court had disposed of the said writ petition with the findings that due to non supply of the Enquiry Report, the right of the petitioner was violated and as such, the order of the Appellate Authority dated 29.01.2021 was interfered with and the matter was remanded back to the Appellate Authority for fresh consideration and it was further directed that the Appellate Authority shall decide the issue in the light of the provisions of Rule 9-A of the Assam Services (Discipline and Appeal) Rules, 1964 (hereinafter referred to as the “Rules of 1964”). It was also directed that the Appellate Authority should pass a reasoned and speaking order especially addressing as to whether the petitioner was duly served with the Enquiry Report upon examination of the records of the Department. A finding was also recorded that the specific plea taken by the petitioner that Enquiry Report was not supplied to him was seen to be correct, in view of the order dated 29.01.2021 passed by the Appellate Authority. In view of the said finding, this Court directed and set aside the order dated 29.01.2021 and the Appellate Authority was directed to decide the matter afresh within a period of 30 (thirty) days from

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the date of receipt of a certified copy of the order dated 17.06.2025 passed in WP(C) No. 5478/2021.

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[4] In view of the said order, the Chief Executive Member of the North Cachar Hills Autonomous Council, Haflong vide a letter dated 21.11.2025 written to the Principal Secretary (N), Dima Hasao Autonomous Council, Haflong intimated that the Enquiry Report should be furnished to the petitioner, Bonil Johori along with two others as per Rule 9-A of the Rules of 1964. It was also intimated that after furnishing copies thereof, a fresh decision in the matter should be taken on receipt and consideration of the representation filed by the petitioner. It is seen that the Principal Secretary (N), Dima Hasao Autonomous Council, Haflong is the Disciplinary Authority and as per the said letter, the Disciplinary Authority has to take a fresh decision on the issue of termination of the petitioner taking into account the representation filed by the petitioner which will be filed after receipt of the Enquiry Report filed by the Enquiry Officer.

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[5] In view of above, the instant contempt petition stands closed and disposed of.

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JUDGE

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Comparing Assistant

Bonil Johori v. Rajib Kharigapsa and Anr.

Case brief

What is this about?

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Bonil Johori v. Rajib Kharigapsa and Anr.

Case brief

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What the court decided

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