Smti. Chandrama Devi vs Preetom Saikia And Anr
2023 Latest Caselaw 2100 Gua

                                                                       Page No.# 1/2

GAHC010112282021




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

                               Case No. : Cont.Cas(C)/246/2021

            SMTI. CHANDRAMA DEVI
            W/O SRI AMARENDRA NATH DEVA SARMA, R/O KALYANI, KAHILIPARA,
            GUWAHATI-781019, DIST-KAMRUP(M), ASSAM

            VERSUS

            PREETOM SAIKIA AND ANR
            THE SPECIAL COMMISSIONER, GOVERNMENT OF ASSAM, EDUCATION
            (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-781006

            2:PHANIDHAR JIDUNG
            THE DIRECTOR OF SECONDARY EDUCATION
            ASSAM
             KAHILIPARA
             GUWAHATI-781019

            3:SMTI MAMTA HOJAI
             DIRECTOR OF SECONDARY EDUCATION
             KAHILIPARA
             GHY-78101

Advocate for the Petitioner   : MR. U K NAIR

Advocate for the Respondent : MR. D SAIKIA

                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

22.05.2023 The directions contained in the judgment and order dated 23.02.2021 are yet to be complied with. The petitioner has also annexed a number of communications Page No.# 2/2

requesting for such compliance and ultimately this contempt petition has been filed in the year 2021 itself, which is pending till now.

In the meantime, it appears that incumbents have changed and the present incumbent holding the post of Director of Secondary Education has been impleaded on 10.11.2021 itself and till now, there is neither any affidavit-in-opposition nor any compliance report has been filed before this Court.

Ms. H. Terangpi, learned counsel appearing for the respondents, however, submits that the Department is contemplating to file a review petition.

The aforesaid ground is not at all relevant in deciding a contempt case. The correctness or validity of a judgment can be questioned by any aggrieved party by filing an appeal or a review which has to be filed within time which has not been done in this case and therefore, this Court is not at all inclined to accept such an excuse as a ground not to comply with the order of this Court.

Though this Court was inclined to pass an order of personal appearance of the concerned Officer, this Court has been informed that the Officer is under bereavement.

Under such exceptional circumstances, this Court reluctantly grants an adjournment and directs that the matter be listed after 2 (two) weeks.

Let this matter be listed accordingly on 07.06.2023 giving a last opportunity for compliance of the order in question.

JUDGE

Comparing Assistant