Gauhati High Court
Kanchan Kumar Roy vs Preetom Saikia on 20 April, 2022
Page No.# 1/3
GAHC010107682020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/321/2020
KANCHAN KUMAR ROY
S/O SRI MOTILAL ROY, R/O VILLAGE- DIAJHIJARI, PO-HALTUGAON, PS
AND DIST. KOKRAJHAR, BTAD (ASSAM), PIN-783370
VERSUS
PREETOM SAIKIA, IAS AND 2 ORS
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
EDUCATION (ELE) DEPTT., DISPUR, GUWAHATI-781006
2:BIJOYA CHOUDHURY
ACS
THE DIRECTOR
ELEMENTARY EDUCATION
ASSAM KAHILIPARA
GUWAHATI-781019
3:KHABIR UDDIN AHMED
AES
THE DIRECTOR OF EDUCATION
BTC
KOKRAJHAR
BTAD
ASSAM
PIN-783370
4:JAGADISH PRASAD BRAHMA
THE DIRECTOR OF EDUCATION
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
BTAD
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ASSAM-78337
Advocate for the Petitioner : MR. J DEKA
Advocate for the Respondent : MR P NAYAK, SC FINANCE DEPTT.
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
::ORDER::
Date : 20/04/2022
Heard Mr. J. Deka, the learned counsel for the Petitioner and Mr. B. Kaushik,
the learned counsel appearing on behalf of the Respondent Nos. 1 and 2 as well as
Mr.S. Bora, the learned counsel appearing on behalf of the Respondent No.4.
2. Mr. S. Bora, the learned counsel submits that he has filed an application
bearing No. I.A.(C) 1209/2022 for dispensing with the personal appearance of the
Respondent No. 4. He submits that S.I.U. approval from the Finance Department
having not been sent to the Respondent No. 4, the Respondent No. 4 is not in a
position to comply with the judgment and order dated 16.7.2019 passed in W.P.(C)
No. 178/2018.
3. Mr. B. Kaushik, the learned counsel appearing on behalf of the Respondent
Nos. 1 and 2 has filed two separate applications bearing Nos. IA(C) 1208/2022 and
IA No.1210/2022 for dispensing with the personal appearance of the Respondent
Nos. 1 and 2. The application filed by the Respondent No. 1 stipulates that as the
Respondent No. 1 had directed the learned Senior Standing Counsel to prefer an
appeal against the said judgment and order dated 16.7.2019 passed by this Court
in W.P.(C) No. 178/2018 in respect of which violation of the instant proceeding
arises, the said judgment and order has not been yet complied with.
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4. As regards application filed by the Respondent No. 2, it is submitted that
when the Respondent No. 2 was the Director of Elementary Education he could not
comply with the said order as it fell within the jurisdiction of the Director of
Education, Bodoland Territorial Council, Kokrajhar and he had no role to play as he
was the Director of Elementary Education.
5. From a perusal of the three applications, it transpires that each of the
Respondents had put a blame on each other for the purpose of non-compliance to
the judgment and order passed by this Court on 16.7.2019 in W.P.(C) No.
178/2018. What further astonishes this Court that the Respondent No. 1 had taken
a stand that merely because he has asked the Senior Standing Counsel to prefer an
appeal against the judgment and order dated 16.7.2019 in W.P.(C) No.178/2018 for
which the instant contempt proceedings have been initiated, he seeks dispensation
of his personal appearance. It further appears from the records that on 23.2.2022
this Court had directed personal appearance of the said Respondents. The actions
of the Respondents, more particularly the Respondent No. 1 prima facie shows a
contemptuous attitude to the judgment and order passed by this Court on
16.7.2019 in W.P.(C) No. 178/2018. Mr. B. Kaushik during the course of hearing
submits that he may be given two weeks time so that he can further apprise the
Court as regards the development in the meantime.
6. Taking into account the difficulty shown today, this Court fixes the matter on
11.5.2022.
7. The personal appearance of the Respondent Nos. 1, 2 and 4 has been
dispensed with for the day directing them to appear before this Court on 11.5.2022
without fail.
JUDGE
Comparing Assistant
