Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 13121 (GAU)

GIRISH CH. DAS v. DEBOJYOTI NATH

Cont.Cas(C)/327/2023 · 2025-07-23

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010111952023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/327/2023 GIRISH CH. DAS S/O- LATE JOGESH CH. DAS, R/O- VILL.- KARIA, P.O. KARIA, P.S. NALBARI, DIST. NALBARI, ASSAM, PIN- 781339. VERSUS DEBOJYOTI NATH THE DIRECTOR OF ACCOUNTS AND TREASURIES, ASSAM, DISPUR, GUWAHATI-06. Advocate for the Petitioner : B KUMAR, Advocate for the Respondent : MR. D SAIKIA, MR P NAYAK,MR A CHALIHA,MR. R BORPUJARI BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.07 .2025 None appears for the petitioner on call. Mr. A. Chaliha, learned counsel appears for the respondent. Page No.# 2/3 This contempt petition has been filed by the petitioner alleging wilful disobedience of the directions contained in the order dated 30.09.2022 passed by the Co-ordinate Bench in WP(C) No. 6552/2022. By the said order the Director of Accounts and Treasuries, Government of Assam was directed to examine as to whether by order of seniority in the cadre of Deputy Accounts Officer, the petitioner has attained the eligibility to come within the zone of consideration for promotion to the rank of Accounts Officer, if it is found that the petitioner came within the zone of consideration for such promotion, the Director will do the needful to constitute a Departmental Promotion Committee, which will examine the claim of the petitioner under the rules and eligibility for promotion. If upon examination of the records, it is found that the petitioner is yet to reach the zone of consideration, appropriate reasoned order may be passed and the petitioner be informed. However, in terms of the said directions passed by the Co-ordinate Bench no such order was passed and being aggrieved, this contempt petition is filed. Pursuant to issuance of notice the respondents were permitted opportunities to complete their instructions and today when the matter is called up, the learned counsel appearing for the respondent Mr. A. Chaliha submits that the case of the petitioner was considered by the Director of Accounts and Treasuries, Government of Assam and a speaking order dated 22.09.2023 was passed. By the said order he was found to be not eligible for promotion to the rank of Accounts Officer during the year 2022 as he did not fulfil the eligibility criteria for promotion. Page No.# 3/3 A copy of the speaking order is placed before the Court. Considering the submissions made by the learned counsel for the respondent and upon careful perusal of the order dated 30.09.2022 passed in WP(C) No. 6552/2022 as well as the speaking order dated 22.09.2023, it is seen that the directions contained in the order dated 30.09.2022 passed in WP(C) No. 6552/2022 stood complied with as far back in September, 2023 and this fact was however not brought before this Court and thereafter, the contempt proceedings continued. Taking into consideration the order passed by the Director of Accounts and Treasuries, Government of Assam which is placed before the Court today, this Court is of the view that further continuance of this contempt proceeding is not necessary as the directions of the Co-ordinate Bench stood complied, therefore, the contempt proceeding stands closed. Accordingly, this contempt petition is disposed of. Notices issued stand recalled. JUDGE Comparing Assistant