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2025 DAILYLAW 15810 (GAU)

GANESH BURAGOHAIN v. PREETAM SAIKIA, ACS AND 5 ORS

Cont.Cas(C)/509/2020 · 2025-03-03

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010151762020 2025:GAU-AS:2212 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/509/2020 GANESH BURAGOHAIN S/O LATE BHIMKANTA BURAGOHAIN, R/O VILL-KACHARIPATHER, P.S.- DULIJAN, DIST-DIBRUGARH, ASSAM, PIN-786002 VERSUS PREETAM SAIKIA, ACS AND 5 ORS COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR SACHIVALAYA, DISPUR, ASSAM, PIN-781006 2:SANJEEV KUMAR BHUYAN DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI ASSAM PIN-781019 3:MRS. PRONOTI BORA DISTRICT ELEMENTARY EDUCATION OFFICER DIBRUGARH ASSAM PIN-786001 4:MS. BIJAYA CHOUDHURY COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT DISPUR SACHIVALAYA DISPUR ASSAM. 5:SMT. SURANJANA SENAPATI DIRECTOR OF ELEMENTARY EDUCATION Page No.# 2/3 KAHILIPARA GUWAHATI ASSAM PIN-781019. 6:SHRI NARAYAN KONWAR IAS COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION ASSAM SACHIVALAYA DISPUR PIN - 781006 Advocate for the Petitioner : MRS P RAI, MR I HASSAN,MR. S DIHINGIA,MS. P K DEVI,MR H BEZBARUA Advocate for the Respondent : MR B KAUSHIK (R, MR. A PHUKAN (R-5),MR. D SAIKIA (R- 1,5),MS. P CHAKRABORTY (R-1) BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 04-03-2025 1. Heard Mr. S. Dihingia, learned counsel for the petitioner and Mr. A. Phukan, learned counsel for the respondent No. 5. 2. Alleging wilful and non-compliance of this Court’s order dated 20.11.2019 passed in WP(C) No. 3895/2018, the present contempt petition is filed. 3. By the aforesaid order, a direction was issued to consider whether the petitioner was working during the period as claimed and if after necessary verification, it is found that the petitioner was working during that period, he may be granted salary for the service rendered by him. 4. On the basis of some enquiry, though at belated stage, a speaking order has been passed on 04.11.2024. The aforesaid enquiry reports as well as the speaking order dated Page No.# 3/3 04.11.2024 are produced before the Court by Mr. A. Phukan, learned counsel representing the respondent/contemnor No. 5. 5. In view of the aforesaid, this Court is of the considered opinion that this contempt petition should be closed as the order dated 20.11.2019 has been complied with by passing the speaking order dated 04.11.2024. Therefore, personal appearance of the respondents directed by the Court under its order dated 30.08.2024 is dispensed with. 6. Accordingly, this contempt petition stands closed. 7. It is needless to say that the petitioner shall be at liberty to assail such enquiry reports as well as the speaking order dated 04.11.2024, if so advised. 8. Copies of the speaking order dated 04.11.2024 along with the enquiry reports submitted by Mr. Phukan, learned counsel representing the respondent No. 5 be furnished to the learned counsel for the petitioner for his necessary use. JUDGE Comparing Assistant