Gauhati High Court
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Page No.# 1/5
GAHC010075112021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3028/2021
THE UNION OF INDIA AND 3 ORS
THROUGH THE SECRETARY, M/O INFORMATION AND BROADCASTING,
SHASTRI BHAWAN, NEW DELHI-110001
2: DIRECTRO GENERAL
DOORDARSHAN
PRASAR BHARTI
DOORDARSHAN BHAWAN
NEW DELHI-110001
3: THE DEPUTY DIRECTOR (ADMIN) DOORDARSHAN
DOORDARSHAN BHAWAN
COPERNICUS MARG
NEW DELHI-110001
4: THE DEPUTY DIRECTOR GENERAL (ENGINEERING) DOORDARSHAN
R.G. BARUAH ROAD
GUWAHATI-2
VERSUS
JITEN CHANDRA BHUYAN AND 3 ORS
S/O LATE KANDARPA BHUYAN, R/O VILL-KSHUDARKUHATI, P.O.-
KALANG (KAMARKUCHI), DIST-NALBARI, ASSAM, PIN-781347
2:PARESH CHANDRA DAS
S/O LATE SONESWAR DAS
R/O VILL-MOHANIA
P.O.-BORAMBOI
P.O.-HAJO
DIST-KAMRUP
ASSAM
PIN-781104
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3:SMT. DEBAJANI DAS
W/O LATE PHANIDHAR DAS
NORTH GUWAHATI
RAJADUAR
KAMRUP
ASSAM
PIN-781030
4:PARMESH TALUKDAR
S/O LATE SATI ALOHU
TALUKDAR VILLAGE
LAWPARA
MUKALMUWA
DIST-NALBARI
PIN-78112
Advocate for the Petitioner : MR. S K GHOSH
Advocate for the Respondent :
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
19-07-2021
(Sudhanshu Dhulia, CJ)
The matter is taken up through video conferencing.
Heard Ms. Vertika Sharma, learned counsel assisted by Mr. S.K. Ghosh,
learned counsel for the petitioners.
This petition has been filed by the Union of India, Ministry of Information
& Broadcasting (Doordarshan Kendra, Guwahati) challenging the order dated
22.05.2020 passed by the Central Administrative Tribunal, Guwahati Bench,
Guwahati in Contempt Petition No.040/00003/2019 in Transfer Application
No.040/00002/2015. By the aforesaid order, all that the Tribunal had done was
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that it had disposed of a contempt petition of the private respondents which
was filed before the Tribunal on grounds that the order of the Tribunal dated
10.05.2016 passed in Transfer Application No.040/00002/2015 as well as the
order dated 08.10.2018 passed in M.A. No.040/ 00076/2017 by which
temporary status granted to the private respondents, was not being
implemented.
The brief facts of the case were that the private respondents who were
working as casual employees in the Department had approached the Tribunal
with a prayer that they are eligible to be given a temporary status by the
Department which was being denied. Their petition was allowed and such a
direction was given in their favour. As has already been referred to above, since
this order was not being complied with, the private respondents were
constrained to file the contempt petition.
At this juncture, it must be stated that the earlier order of the Tribunal
dated 10.05.2016 by which temporary status was granted to the private
respondents was also challenged by the present petitioners before this Court in
W.P.(C) No. 6666/2017, which was dismissed by order dated 20.04.2018. In the
contempt petition, the stand taken by the present petitioners was that the
petitioners had all the intentions to comply with the orders of the Tribunal, but
they were not in a position to do that as the private respondents had submitted
contrary data/ information and, therefore, they were not in a position to pass an
order in their favour. The contempt petition was disposed of by the Tribunal by
the following order:-
"6. Keeping in view of the above, it is clear that the applicants are to be given
temporary status on the strength of the order of this Tribunal as well as of the
Hon'ble Gauhati High Court and Govt. of India, DOP&T's OM dated 10 th September
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1993. It is also clear that the applicants are not required to exactly to furnish each
and every points/ criteria as required by the above Govt. order. Accordingly, it is
hereby ordered that the applicants shall submit details of their personal bio-data
including the details of engagement as recorded by the Hon'ble Gauhati High Court
in their judgment and order dated 20.04.2018 in WP(C) No.6666/2017 and they
shall be given temporary status by the respondent authorities without further delay
and not less than within a period of two months from the date of receipt of a copy
of this order.
7. Accordingly, the initiated Contempt Proceedings stand disposed of and the
personal appearance of the alleged contemnor Nos.3 & 5 namely the Deputy
Director (Admin), Doordarshan, Doordarshan Bhawan, Copernicus Marg, New Delhi
& the Director (i/c) cum Head of Office, Doordarshan Kendra Guwahati are hereby
dispensed with.
8. There shall be no order as to costs."
Aggrieved by the said order, the petitioners have filed the present writ
petition before this Court.
After hearing the learned counsel for the petitioners and going through
the records of the case as well as the order dated 10.05.2020, we are of the
view that there is absolutely no merit in the present petition. It is an admitted
fact that the petition of the private respondents was allowed by the learned
Tribunal and temporary status was granted to them. This order was challenged
before this Court by the petitioners by filing a writ petition and the writ petition
was dismissed. The order, therefore, has now attained its finality and it has not
been further put to challenge. Since the order was not being complied with, the
private respondents had no other option but to file a contempt petition where it
had once again been reiterated that temporary status be granted to the private
respondents.
We fail to understand as to what is now left in this case. We must put on
record that the petitioners are only harping on non-issues before this Court as
the issues which were in contention had already been decided by the learned
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Tribunal and by this Court earlier.
In view of the above, we find no merit in this writ petition. Hence, the writ
petition is dismissed in limine.
JUDGE CHIEF JUSTICE
Comparing Assistant
