Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010133032025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/372/2025 INDIRA LAL S/O LT GUSHAI RAM OF 13th ASSAM RIFLES C/O 99 APO, PRESENTLY SERVING AS NO. JC-134192K SUBEDAR/GD (GENERAL DUTY) ON DEPUTATION WITH 13TH NATIONAL DISASTER RESPONSE FORCE, ASSAM RIFLES C/O 56 APO VERSUS GOVIND MOHAN AND ANR SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-1100011 2:LIEUTENANT GENERAL VIKASH LAKHERA DIRECTOR GENERAL ASSAM RIFLES SHILLONG MEGHALAYA PIN-79301 Advocate for the Petitioner : MS. S BORA, MR. P BORAH Advocate for the Respondent : ,
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER 23-07-2025
Heard Ms. S. Bora, learned counsel for the petitioner and Ms. B. Sarma, learned CGC for the respondents. This contempt petition is filed by the petitioner alleging willful disobedience of the directions contained in the order dated 09.08.2024 passed in WP(C) No.584/2024, whereby the writ petition was disposed of with the following directions:
“…..
12. In view of the aforesaid discussions, the writ petition is disposed of by giving liberty to the petitioner to submit a representation on those gradings of the ACRs which according to the petitioner is not as per his performance. Such representation may be filed within a period of 15 (fifteen) days from today and on submission of such representation, the same is directed to be considered and disposed of by a reasoned/speaking order which is required to be communicated to the petitioner. The respondents are also directed to take consequential action in case the representation is favourably considered. The aforesaid exercise be completed expeditiously and preferably within a period of 2 (two) months from the date of receipt of the representation.” Since this direction dated 09.08.2024 passed in WP(C) No.584/2024 is not complied with, the contempt petition has been filed. Ms. B. Sarma, learned CGC has placed before the Court a copy of the
Page No.# 3/4 speaking order dated 30.06.2025 passed by the Office of the Directorate General, Assam Rifles. Having perused the said order as well as the directions contained in the order dated 09.08.2024 passed in WP(C) No.584/2024, it is seen that by the order passed by the Coordinate Bench the writ petition was
disposed of with a liberty to the petitioner to file his representation was directed to be before the competent authority within 15 (fifteen) days from the date of the order and thereafter, the representation favourably considered and disposed of within a period of 2 (two) months from the date of receipt of the representation. By the said speaking order dated 30.06.2205, the representation stood disposed of to the following effect:
“7. Now Therefore, in compliance with the judgment and order dated 09 August 2024 passed by the Hon’ble High Court of Gauhati in Writ petition (Civil) No.584/2024 and upon due consideration, representation dated 06 September 2024 submitted by JC-134192K Subedar (General Duty) Indira Lal is disposed of by issuing the following orders:- (a) The Annual Confidential Report for the period of 2019-20 in respect of JC- 134192K Subedar (General Duty) Indira Lal is hereby expunged from the official record and treated non established for all service matters. (b) The Departmental Promotion Committee concerned shall be considered to reconsider the subordinate officer for promotion, excluding the expunged Annual Confidential Report and in accordance with applicable rules.” In that view of the matter, since the directions contained in the order dated 09.08.2024 passed in WP(C) No.584/2024 has been complied with; taking into consideration the submissions made by the learned counsel for the
Page No.# 4/4 petitioner, this Court does not wish to proceed in the contempt petition by issuing any notice. Accordingly, the contempt petition stands closed and disposed of.
JUDGE Comparing Assistant