Gauhati High Court
Bhubon Chandra Das vs Rajesh Prasad And 5 Ors on 2 December, 2022
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GAHC010142992022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/406/2022
BHUBON CHANDRA DAS
S/O LATE GOLAP DAS
R/O KURUABAHI NOGAYAN GAON
P.O. KURUWABAHIU SATRA
BOKAKHAT, PIN-785612
DIST. GOLAGHAT, ASSAM
VERSUS
RAJESH PRASAD AND 5 ORS.
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-06.
2:SRI PABITRA RAM KHAUND
THE UNDER SECRETARY TO THE GOVT. OF ASSAM
IRRIGATION DEPARTMENT
DISPUR
GUWAHATI-06.
3:SHRI MANISH THAKUR
IAS THE COMMISSIONER AND SECRETARY
FINANCE DEPARTMENT
DISPUR
GUWAHATI-06.
4:SRI BRAJEN MALAKAR
THE CHIEF ENGINEER (I)
ASSAM
CHANDMARI
GUWAHATI-03
ASSAM
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5:SRI BIJIT BARUAH
THE EXECUTIVE ENGINEER
GOLAGHAT DIVISION
IRRIGATION
GOLAGHAT.
6:SRI NAYAN MANI BORAH
THE TREASURY OFFICER
GOLAGHAT TREASURY
GOLAGHAT
Advocate for the Petitioner : MS. B BHUYAN
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date :02.12.2022
A status report of the implementation of the judgment and order dated
27.10.2021 in WP(C) No. 5643/2021 is produced by the Chief Engineer,
Irrigation Department who is personally present before the Court. A reading of
the status report shows that officials at different level in the Irrigation
Department of the Government of Assam as well as in the Finance Department
are taking views, a prima facie reading of which, gives an impression that the
officials are taking a view which is different as well as over and above the view
taken by the Court in its judgment and order, which also would be a contempt
of its own.
2. We have also taken note of an aspect that in many such cases, the
directions of the High Court are not complied with by the officials of the
Government at different levels which necessitates the filing of contempt
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petitions. It is only after receiving the notice in a contempt petition that an
order of compliance is passed and produced before the Court and the Court
taking a lenient view closes such contempt petition. This practice is to be
deprecated and is not to be repeated. If the officials have any difficulty in
implementing any Court's order, the law requires filing of appropriate application
seeking modification, clarification etc. from the Court and it cannot be a case
that the officials will have their own reasons to sit over the matter or to form
their own views which may be different as well as over and above the
judgments and orders of the Court which again would be a contempt of its own.
But however, what is disturbing is that there is a considerable period between
orders of the Court communicated to the officials and thereafter requiring the
filing of contempt petitions and only after receiving notice in contempt the
orders are complied.
3. The Chief Secretary to the Government of Assam to issue a notification
addressed to all the officials of the Government of Assam at all levels to ensure
that the Court's orders are complied in its true earnest and if there is any legal
impediment, to approach the Court once again rather than sitting over the
judgment and orders of the Court for a period of time or to take a view different
from the view taken by the Court in its judgment and order. The notification to
also provide that henceforth if there is any delay in compliance and the
compliance is made only after contempt notice issued, the appropriate official
should also explain as to why the delay had occurred. A copy of the aforesaid
notification be provided to the Registry of the Court for its record.
4. List again on 09.12.2022.
5. A copy of this order be furnished to Mr. D. Nath, learned Senior
Government Advocate.
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6. Personal appearance of the Chief Engineer, Irrigation Department is
dispensed with.
JUDGE
Comparing Assistant
