Manab Deka vs Dharma Kanta Mili Acs
2023 Latest Caselaw 1979 Gua

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GAHC010102652023




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

                                Case No. : Cont.Cas(C)/253/2023

            MANAB DEKA
            S/O LT. TILAK CHANDRA DEKA R/O TILAK MANSION 125 RAJGARH ROAD
            ABOVE INDICASH ATM GUWAHATI KAMRUP METRO ASSAM PIN 781007



            VERSUS

            DHARMA KANTA MILI ACS
            DIRECTOR OF HIGHER EDUCATION, ASSAM KAHILIPARA GUWAHATI 19
            ASSAM



Advocate for the Petitioner   : MR. A BHATTACHARYYA

Advocate for the Respondent :




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                           ORDER

15-05-2023

Heard Mr. A. Bhattacharya, learned counsel for the petitioner. This Contempt petition has been filed alleging wilful disobedience of the order dated 11.04.2023 passed in WP(C) No.6246/2022. By the said order the following directions were passed by this Court:

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10. In the instant case, the enquiry report had already been submitted and the penalty in respect to which the petitioner had been put to notice being only minor penalties relating to censure or withholding of increments of promotion or recovery from pay etc; this Court finds no reason as to why there should be further continuation of the suspension of the petitioner. Under such circumstances, this Court holds that the further continuation of the suspension in terms with the order dated 8/4/2022 would be unfair, unjust as well as unreasonable for which this Court directs the concerned respondent authorities that the petitioner be reinstated forthwith to his post upon a certified copy of the instant order being served upon the Director of Higher Education.

11. Before parting with the records, this Court would further like to make it clear that the instant order shall not be construed in any manner touching upon the enquiry or the enquiry report and the disciplinary authority shall be entitled to pass such orders as deemed fit in accordance with law. The said observations shall not also preclude the petitioner to take such course of action as permissible under law, if the petitioner is aggrieved by such action of the Disciplinary Authority."

Learned counsel for the petitioner submits that the directions of the said order has not been complied with although the same was an interparty order and that apart, the copy of the said judgment and order has been submitted before the respondent authority by the representations dated 17.04.2023 and 03.05.2023.

Let notice be issued, returnable by 4 (four) weeks. Notice shall be served upon the sole respondent by registered post with A/D within 7 (seven) days from today.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant