Page No.# 1/3
GAHC010236072023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/659/2023
KABI CHANDRA TALUKDAR
AMAYAPUR, NEAR GITAMANDIR, H/N-38, P.O. AND P.S.- NOONMATI,
GUWAHATI- 781020, DIST.- KAMRUP (M), ASSAM.
VERSUS
PABITRA RAM KHAUND, I.A.S. AND 5 ORS.
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
IRRIGATION DEPTT., DISPUR, GUWAHATI- 781006, ASSAM.
2:K.M. GOPAL SANA RAJKUMAR
THE CHIEF ENGINEER
IRRIGATION DEPTT.
DISPUR
GUWAHATI- 781003
ASSAM.
3:MANIK NATH
THE SUPERINTENDING ENGINEER
TEZPUR CIRCLE(IRRIGATION)
MAHABHAIRAB
TEZPUR- 784001
ASSAM.
4:NABA KUMAR BAYAN
THE DIRECTOR
DESIGN
IMPLEMENTATION (MAJOR AND MEDIUM)
IRRIGATION
CHANDMARI
GUWAHATI- 781003
ASSAM.
Page No.# 2/3
5:PURNENDU BARMAN
SENIOR ACCOUNTS OFFICER
OFFICE OF THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI- 781029.
6:BIRAJ KR. PATHAK
A.F.S.
THE TREASURY OFFICER
NEW GUWAHATI TREASURY OFFICE
CHANDMARI COLONY
GUWAHATI- 781003
ASSAM
Advocate for the Petitioner : MR S SARMA
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 06/11/2023 Heard Mr. S. Sarma, learned counsel for the petitioner.
2. This contempt petition has been filed alleging willful, deliberate negligence, disobedience of the Judgment and Order passed by this Court dated 30.08.2022 in WP(C)/702/2018.
3. By the said order dated 30.08.2022, this Court had set aside the impugned order dated 08.12.2016 along with the decision to recover the amount of Rs.7,41,343/- towards drawal of pay and allowances for the period of alleged overstay from 01.02.2015 to 30.11.2016.
4. It was further directed that in the event the government desires to re-fix Page No.# 3/3 the date of birth of the petitioner, then the same should be done by conducting a proper enquiry which should be completed within a period of 3 (three) months from the date of the judgment and order. In the event no such enquiry is conducted, then the pension and other retirement benefits of the petitioner should be finalized and the entire dues be disbursed to the petitioner within a period of 2 (two) months from the date of the Judgment.
5. The learned counsel for the petitioner submits that in spite of the order being brought to the notice of the petitioner, the pension as directed has not been released. And therefore, the contempt petition has been filed.
6. Let Notice be issued returnable in 4 (four) weeks.
7. Steps be taken on respondents by Registered post with A/D within a period of 1 (one) week from today.
8. List this matter after 4 (four) weeks.
JUDGE Comparing Assistant