Khandan Kumar Das vs Sanjib Gohain Baruah And 2 Ors
2021 Latest Caselaw 2719 Gua

                                                                     Page No.# 1/2

GAHC010196972017




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

                               Case No. : Cont.Cas(C)/268/2017

            KHANDAN KUMAR DAS
            S/O LATE KHAGEN DAS, VILL and PO- GERUABARI, BISWANATH
            CHARIALI, ASSAM, PIN-784176



            VERSUS

            SANJIB GOHAIN BARUAH and 2 ORS.
            SECRETARY TO THE GOVT. OF ASSAM, MUNICIPAL ADMINISTRATION,
            DISPUR, GUWAHATI-781006

            2:MR. MRIDUL KUMAR MAHANTA
             DIRECTOR
             MUNICIPAL ADMINISTRATION
             DISPUR
             GUWAHATI-781006

            3:MRS. RULI SHARMA

            CHAIRMAN
            THE BISWANATH CHARIALI MUNICIPAL BOARD PREVISOUSLY KNOWN
            AS BISWANATH CHARIALI TOWN COMMITTEE
            PO and PS-BISWANATH CHARIALI
            DIST. BISWANATH CHARIALI
            ASSAM
            PIN-78417

Advocate for the Petitioner   : MR. I CHOUDHURY

Advocate for the Respondent : MR M R ADHIKARI (R3)
                                                                            Page No.# 2/2

                                   BEFORE
                      HONOURABLE MR. JUSTICE KAKHETO SEMA

                                       ORDER

Date : 08-11-2021

Heard Mr. A.K. Baruah, learned counsel for the petitioner and also heard Mr. P.J Saikia, learned counsel appearing for the respondent No.3.

During the hearing of the contempt petition, Mr. Baruah, learned counsel for the petitioner has also placed the copy of the judgment & order dated 17.08.2021 passed in W.P.(C) No. 3244/2017 wherein in paragraph-22.b, the respondent No. 3 is directed to release the balance arrear salary of the petitioner for the period upto 30.11.2015 and the outer limit of 4(four) months from the date of receipt of a copy of this order. The judgment was passed on 17.08.2021 within the outer limit of 4 months given in paragrapgh-22 of the said judgment has not yet lapse. The learned counsel for the respondent No.4 submits that by the judgment & order dated 17.08.2021 afresh cause of action has arisen against the Biswanath Chariali Municipal Board and therefore, the present contemnor is no longer a necessary party in the contempt petition and accordingly, the learned counsel pray that her name as the contemnor may be deleted.

Heard the learned counsel appearing for the parties. All the issues raised by the learned counsel for the parties will be taken up for hearing when the Cont. Case (C) No. 268/2017 is next listed.

List this matter again in the 2nd week of January, 2022.

JUDGE

Comparing Assistant