Unknown vs Court On Its Own Motion
2022 Latest Caselaw 565 Tri

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                           HIGH COURT OF TRIPURA
                                 AGARTALA
                                Cont. Cas(C) 38/2022

                                   Court on its own motion
For Respondent(s)           :      Mr. S.S. Dey, Advocate General.

Mr. SM Chakraborty, Sr. Advocate.

Mr. D. Bhattacharya, G.A.

Ms. A. Chakraborty, Advocate.

Ms. A. Pal, Advocate.

Mr. P. Saha, Advocate.

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY Order 30/05/2022 (Indrajit Mahanty, C.J.)

Perused the reply filed by the alleged contemnor to the show-cause

notice issued to him.

On hearing the learned counsel for the respective parties, this Court is

of the considered view that a further show-cause notice also should be issued

in the present matter.

It appears that the Tripura High Court Employees' Association had

filed WP(C) 71 of 2015 which came to be allowed by judgment dated

11.08.2016. Challenging the notional benefit awarded by the Hon'ble Single

Judge, the Writ Appeal No.12 of 2017 came to be filed by the High Court

Employees' Association. The same came to be allowed by the Division

Bench of this Court by judgment dated 08.03.2017.

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It appears that the State of Tripura sought to challenge the said

judgment before the Hon'ble Apex Court in SLP (Civil) Diary No. 39927 of

2017 and the said challenge came to be dismissed by the direction dated

09.02.2018 by the Division Bench of the Hon'ble Supreme Court.

This Court, prima facie, is of the view that once the challenge has

been concluded conclusively by the challenge made by the State before the

Apex Court, the only option left to the State is to comply with the directions

issued by the Hon'ble Single Judge as modified in the appeal and also

confirmed by the Hon'ble Supreme Court in the aforesaid matter.

Accordingly, the Registry is directed to register a further contempt

proceedings issuing a fresh show-cause to the State of Tripura addressed to

its Chief Secretary and Secretary, Finance Department, Government of

Tripura as to why contempt proceedings shall not be initiated against them

for non-compliance of the directions as noted hereinabove.

Since the Chief Secretary, Government of Tripura and the Secretary,

Finance Department, Government of Tripura [Respondents No.1 & 2] both

have been represented in the connected contempt matter through their

counsel, notices may be served upon them through their counsel.

Let the matter be listed on 27th June 2022.

(S.G.CHATTOPADHYAY), J (INDRAJIT MAHANTY), CJ Sabyasachi G.