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

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Gauhati HC
2026
Prasanna Hasnu Vs Rajib Kharigapsa and Anr.Prasanna Hasnu v. Rajib Kharigapsa and Anr.

Disposed¶¶22

Prasanna Hasnu v. Rajib Kharigapsa and Anr.

Gauhati HC15 Mar 2026Cont.Cas(C)/576/2025

Case brief

AI extract

What is this about?

Gauhati High Court, Shamima Jahan, J., 16-03-2026, Cont.Cas(C)/576/2025 (Prasanna Hasnu v. Rajib Kharigapsa, Principal Secretary (N), N.C. Hills Autonomous Council, and Debolal Garlosa, Chief Executive Member). Contempt of Court’s Act ss. 11-12; Article 215 Constitution; alleged non-compliance of order dated 17.06.2025 in WP(C) No. 5444/2021 setting aside Appellate Authority order dated 29.01.2021 and remanding under Rule 9-A, Assam Services (Discipline and Appeal) Rules, 1964; non-supply of Enquiry Report; natural justice; termination; Dima Hasao/North Cachar Hills Autonomous Council; Disciplinary Authority to decide afresh on representation; contempt petition closed and disposed.

What did the court decide?

Steps towards compliance with the order dated 17.06.2025 were noted: by letter dated 21.11.2025 the Chief Executive Member directed that the Enquiry Report be furnished to the petitioner under Rule 9-A of the Rules of 1964, and the Principal Secretary (N), identified as the Disciplinary Authority, is to take a fresh decision on the issue of termination after considering the petitioner's representation.

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the respondents are liable for contempt for alleged non-compliance of the order dated 17.06.2025 passed in WP(C) No. 5444/2021.

Court's answer

Steps towards compliance with the order dated 17.06.2025 were noted: by letter dated 21.11.2025 the Chief Executive Member directed that the Enquiry Report be furnished to the petitioner under Rule 9-A of the Rules of 1964, and the Principal Secretary (N), identified as the Disciplinary Authority, is to take a fresh decision on the issue of termination after considering the petitioner's representation.

Ratio / Principle

In view of the above, the instant contempt petition stands closed and disposed of; the order records no adjudication holding the respondents guilty of contempt.

Detailed headnote1 paragraphs

Contempt petition under Sections 11 & 12 of the Contempt of Court’s Act read with Article 215 of the Constitution of India alleging non-compliance of the order dated 17.06.2025 in WP(C) No. 5444/2021, whereby the Court had set aside the Appellate Authority's order dated 29.01.2021 and remanded the disciplinary matter concerning the petitioner's termination for fresh consideration under Rule 9-A of the Assam Services (Discipline and Appeal) Rules, 1964, with directions for a reasoned and speaking order after examining whether the Enquiry Report was duly served. Noting that by letter dated 21.11.2025 the Chief Executive Member, North Cachar Hills Autonomous Council, had intimated the Principal Secretary (N), Dima Hasao Autonomous Council — the Disciplinary Authority — to furnish the Enquiry Report to the petitioner and take a fresh decision on his representation, the Court closed and disposed of the contempt petition without any adjudication of contempt.

A

Page No.# 1/3

GAHC010237842025

2026:GAU-AS:3809

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

Case No. : Cont.Cas(C)/576/2025

PRASANNA HASNU S/O- LATE L. HASNU R/O- GODAINRAJI PO- HAFLONG DIST- DIMA HASAO ASSAM

VERSUS

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

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

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

Page No.# 2/3

BEFORE

HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

Date : 16-03-2026

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

[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. 5444/2021.

[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

Page No.# 3/3

the date of receipt of a certified copy of the order dated 17.06.2025 passed in WP(C) No. 5444/2021.

[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, Prasanna Hasnu 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.

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

JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the respondents are liable for contempt for alleged non-compliance of the order dated 17.06.2025 passed in WP(C) No. 5444/2021.medium confidence¶¶17
The court held
Steps towards compliance with the order dated 17.06.2025 were noted: by letter dated 21.11.2025 the Chief Executive Member directed that the Enquiry Report be furnished to the petitioner under Rule 9-A of the Rules of 1964, and the Principal Secretary (N), identified as the Disciplinary Authority, is to take a fresh decision on the issue of termination after considering the petitioner's representation.ratio¶¶21

Statutes considered

3 provisions across 3 enactments

AI extract

Contempt of Court’s ActSections 11 & 12¶¶17
Constitution of IndiaArticle 215¶¶17
Assam Services (Discipline and Appeal) Rules, 1964Rule 9-A¶¶18

Procedural history

How this case reached the court

AI extract

Order under challenge
Alleged non-compliance of the order dated 17.06.2025 passed in WP(C) No. 5444/2021, by which the writ petition had been disposed of with directions to the Appellate Authority.¶¶17
Gauhati High Court · 17.06.2025
Prior proceeding
In WP(C) No. 5444/2021, by order dated 17.06.2025 this Court held that non-supply of the Enquiry Report violated the petitioner's right, interfered with the Appellate Authority's order dated 29.01.2021, set it aside, and remanded the matter to the Appellate Authority for fresh consideration in the light of Rule 9-A of the Assam Services (Discipline and Appeal) Rules, 1964, with a direction to pass a reasoned and speaking order after examining departmental records on service of the Enquiry Report, and to decide the matter afresh within 30 days of receipt of a certified copy.¶¶18
Prior proceeding
In purported compliance, the Chief Executive Member of the North Cachar Hills Autonomous Council, by letter dated 21.11.2025, intimated to the Principal Secretary (N), Dima Hasao Autonomous Council (noted as the Disciplinary Authority) that the Enquiry Report should be furnished to the petitioner under Rule 9-A of the Rules of 1964 and a fresh decision taken on the petitioner's representation regarding termination.¶¶21

Parties & counsel

AI extract

petitioner
PRASANNA HASNU¶¶6
Mr. J Laskar
respondent
RAJIB KHARIGAPSA, THE PRINCIPAL SECRETARY (N), N.C. HILLS AUTONOMOUS COUNCIL, HAFLONG¶¶8
Mr. D Kalita
respondent
DEBOLAL GARLOSA, THE CHIEF EXECUTIVE MEMBER, N.C. HILLS AUTONOMOUS COUNCIL, HAFLONG¶¶9
Mr. D Kalita

Coram

AI extract

Honourable Mrs. Justice Shamima Jahanauthor¶¶13

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 15 Mar 2026 · March
Registered: 6 Nov 2025
Case no.: Cont.Cas(C)/576/2025
CNR: GAHC010237882025
Topic: Contempt of Court
Bench: Shamima Jahan
Disposal: Disposed Of
Case type: Contempt Case (Civil)

Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.

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Cite this judgement

Prasanna Hasnu v. Rajib Kharigapsa and Anr., Cont.Cas(C)/576/2025 (GAU), decided on 15 March 2026.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Contempt of Court’s ActSections 11 & 12
Constitution of IndiaArticle 215
Assam Services (Discipline and Appeal) Rules, 1964Rule 9-A

View all statutes

Procedural history3

Alleged non-compliance of the order dated 17.06.2025 passed in WP(C) No. 5444/2021, by which the writ petition had been disposed of with directions to the Appellate Authority.Gauhati High Court · 17.06.2025
In WP(C) No. 5444/2021, by order dated 17.06.2025 this Court held that non-supply of the Enquiry Report violated the petitioner's right, interfered with the Appellate Authority's order dated 29.01.2021, set it aside, and remanded the matter to the Appellate Authority for fresh consideration in the light of Rule 9-A of the Assam Services (Discipline and Appeal) Rules, 1964, with a direction to pass a reasoned and speaking order after examining departmental records on service of the Enquiry Report, and to decide the matter afresh within 30 days of receipt of a certified copy.
In purported compliance, the Chief Executive Member of the North Cachar Hills Autonomous Council, by letter dated 21.11.2025, intimated to the Principal Secretary (N), Dima Hasao Autonomous Council (noted as the Disciplinary Authority) that the Enquiry Report should be furnished to the petitioner under Rule 9-A of the Rules of 1964 and a fresh decision taken on the petitioner's representation regarding termination.

View full history

Bench / Coram

Honourable Mrs. Justice Shamima Jahan

Parties & counsel

15 Mar 2026Contempt Case (Civil)