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2025 DAILYLAW 26003 (GAU)

HEMANTA SARMAH v. SIDDHARTH SINGH, IAS

Cont.Cas(C)/644/2022 · 2025-11-30

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010231082022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/644/2022 HEMANTA SARMAH S/O- LATE GOBINDA SARMAH, R/O- VILLAGE KOLITA GAON, P.O- BORDOLANI, P.S- GOGA MUKH, DIST- DHEMAJI, ASSAM, PIN-787026. PRESENTLY RESIDING AT H/NO- 47, GANESH MANDIR PATH, BYE LANE NO-2, JAYANAGAR, P.S- DISPUR, GUWAHATI-22, DIST- KAMRUP (M), ASSAM VERSUS SIDDHARTH SINGH, IAS THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HEALTH, DISPUR, GUWAHATI-781006 Advocate for the Petitioner : G UDDIN, MR. A H SARKAR,MR P AGARWAL Advocate for the Respondent : MR A CHALIHA, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 01.12 .2025 None appears for the petitioner when the matter is called up. This contempt petition is filed by the petitioner alleging willful disobedience of the directions contained in the order dated 22.06.2022 passed in WP(C) No.4098/2022. By the said order the following directions were issued: “7. In the circumstance, we require the petitioner to resubmit the said appeal before the Commissioner and Secretary to the Government of Assam in the Health Department within a period of seven days from today and on the appeal being submitted, the Commissioner and Secretary to pass a reasoned order on the appeal submitted by the petitioner within a period of four weeks from the date of re-submission of the appeal by the petitioner.” Mr. A. Chaliha, learned counsel for the respondent by placing a notification No.MER.223587/58 dated 04.08.2023 submits that pursuant to the directions issued the appeal of the petitioner seeking revocation of his dismissal from service was re-considered. Thereafter, the concerned authority namely the Commissioner & Secretary to the Government of Assam, Medical Education & Research Department authority upon considering the reports and the statements found that the charges framed against the petitioner were proved and that there is no merit in the statement of the writ petitioner. Consequently, the decision of the Principal-cum-Chief Superintendent Tezpur Medical College & Hospital, Tezpur dismissing the petitioner from service has been upheld. Page No.# 3/3 Copy of this order by the notification No.MER.223587/58 dated 04.08.2023 has been placed before the Court and is kept on record. Considering the order passed on 04.08.2023 read with the directions contained in the order dated 22.06.2022 passed in WP(C) No.4098/2022, this Court is of the view that the directions contained in the said order have been duly complied with, therefore, at this stage this Court does wish to proceed with the contempt petition any further. Notwithstanding the absence of the learned counsel for the petitioner, this contempt petition therefore, stands closed and disposed of. Notices issued stand recalled. JUDGE Comparing Assistant