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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : COP(C)/24/2020 JAMES K.
S/O LT. KIUKHEAMBA YIMCHUNGER OF KHUMONGSHIR VILLAGE, R/O SHAMATOR TOWN, TUENSANG, NAGALAND VERSUS T. JOHN LONGKUMER,IPS AND 3 ORS DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, NAGALAND, KOHIMA 2:SHRI. RUPIN SHARMA IPS DIRECTOR GENERAL OF POLICE POLICE HEADQUARTER NAGALAND KOHIMA 3:SHRI VYASAN R IAS THE HOME COMMISSIONER NAGALAND KOHIMA 4:SHRI ABHIJIT SINHA IAS HOME COMMISSIONER NAGALAND KOHIM Advocate for the Petitioner : Z ZHIMOMI, S K ACHUMI,ASENLA WALLING,TOSHI O. LONGKUMER Advocate for the Respondent : MOA IMCHEN,
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BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER Date : 08-04-2026 The present application under section 11 and 12 of the Contempt of Court Act, 1971 read with Article 215 of the Constitution of India has been filed alleging willful and deliberate violation of the Court’s order dated 14.02.2020 passed in W.P.(C) 21(K)/2020.
2. Heard the learned counsel for the petitioner Ms. Z. Zhimomi. Also heard Mr. Moa Imchen, learned Sr. Government Advocate for the respondent No.1, Mr. N. Longkumer, learned counsel for the respondent No.2 and Mr. Imti Imsong, Addl. A.G for the respondent No.1.
3. The facts leading to the present petition is that a writ petition being W.P.(C) 21(K)/2020 was preferred by the peti- tioner stating that the father of the petitioner had died in har- ness on 28.10.2016 while working as Havildar at B’Coy Hqr Shamator. Immediately after the death of his father, the peti- tioner submitted an application to the Director General of Police, Nagaland praying for appointment on compassionate ground on account of the death of his father. The petitioner contended that although there is a policy in place with regard to the compas- sionate appointment to be made vide Office Memorandum dated 17.09.2015 issued by the Chief Secretary, Government of Naga- land vide No.AR-8/8/78, the respondent authorities had not con-
Page No.# 3/4 sidered the case of the petitioner for compassionate appoint- ment.
4. The writ petition was disposed of at the motion stage on 14.02.2020 with a direction to the respondent No.3/Director General of Police, Government of Nagaland to consider and dis- pose of the application submitted by the writ petitioner immedi- ately after the death of his father on 28.10.2016 and further the respondents were directed to dispose of the application within two months from the date of receipt of the certified copy of the
order dated 14.02.2020. The petitioner was also given the liberty to submit fresh application at the time of submission of a certi- fied copy of the order and submit copy of the writ petition with all annexures.
5. Due to the inaction of the respondents and non com- pliance of the order of this Court passed on 14.02.2020 in W.P. (C) 21(K)/2020 even after the expiry of two months as directed by this Court, the present petition was filed on 07.10.2020. How- ever, during the pendency of this contempt petition another writ petition being W.P.(C) 115/2022 was filed by the present peti- tioner on 16.06.2022 on the same issue and W.P.(C) 115/2022 was disposed of on 05.07.2023.
6. The learned counsel for the respondent No.2 Mr. N. Longkumer submits that when the respondent was preparing the compassionate appointment list and was about to dispose of the application of the petitioner as directed by this Court, the order dated 05.07.2023 was passed in W.P.(C) 115/2022 and as an- other new direction was issued by the Court in W.P.(C) 115/2022 to publish a fresh compassionate appointment list strictly follow-
Page No.# 4/4 ing the provisions of the Office Memorandum dated 17.09.2015 and the addendum dated 09.04.2019 which was to be imple- mented prospectively, the respondents are now in the process of preparing the fresh list in compliance with the direction of this Court in W.P.(C) 115/2022.
7. This Court has considered the submissions of the counsels and also perused the records and finds that the direc- tion of this Court passed in W.P.(C) 21/2020 has now been su- perseded by the direction passed in W.P.(C) 115/2022 by judg- ment and order dated 05.07.2023 and it is also found that W.P. (C) 115/2022 is a continuation of the earlier writ petition being W.P(C)21(K)/2020.
8. Accordingly, this Court finds that the petitioner has not made out a case in the present application and the same is therefore closed and disposed of.
Sd/- JUDGE Comparing Assistant