Page No.# 1/3 GAHC010082282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/216/2025 AMAL KUMAR LAHA S/O LT ASHWINI LAHA PERMANENT R/O LINK ROAD MAIN HOUSE NO 18 PO AND PS SILCHAR DIST CACHAR PIN 788006 ASSAM VERSUS DR. SIDDHARTH SINGH AND ANR THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPTT JANATA BHAWAN DISPUR GUWAHATI 781006 ASSAM 2:DR ARUP KUMAR BARAMAN THE DIRECTOR OF MEDICAL EDUCATION ASSAM KHANAPARA SIXM MILES GUWAHATI 78102 Advocate for the Petitioner : MR S BORTHAKUR, MS. B LASKAR,MR. J ABBAS,I HOQUE,MS. H G DAS Advocate for the Respondent : MR. D P BORAH (R-1), MR. D SAIKIA(R-1) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.11.2025 Heard Mr. S Borthakur, learned counsel for the petitioner. Also heard Mr. D Bora, learned Standing Counsel, Health. Page No.# 2/3 This contempt petition has been filed alleging willful disobedience of the directions contained in the Judgment and Order dated 01.05.2024 passed in W.P.(C) No. 2162/2023. By the said order, the writ petition was allowed with the following directions: “11. This Court had noticed that apart from the admitted position that there was no communication towards rejection of the application for Voluntary Retirement, the opinion of the learned LR, Assam is itself dated 02.01.2019 which is much beyond the prescribed period given in F.R. 56 (c). Without even going to the merits / legality of such opinion, this Court is of the considered view that the ratio laid down by the Hon’ble Supreme Court in the case of Dinesh Chandra Sangma (supra) would be squarely applicable. This Court finds force in the contention advanced on behalf of the petitioner that the subsequent initiation of the Disciplinary Proceeding vide Show Cause Notice dated 27.02.2019 is non-est in law as the same is without jurisdiction. This Court is of the opinion that there is no employer employee relationship existing after the expiry of 3 (three) months from the date of submission of the application of the VR which was on 28.12.2017. Subsequently, the order of dismissal of the petitioner from service on 10.03.2023 is also declared to be non-est in law as it is an outcome of a proceeding which was initiated without any jurisdiction. 12. As regards the case law relied upon by the learned Standing Counsel of the Department, this Court has noticed that the facts are distinguishable from the facts which was considered by the Hon’ble Supreme Court in the case of Dinesh Chandra Sangma (supra). Further, the ratio laid down in the case of Dinesh Chandra Sangma (supra) is squarely applicable to the facts and circumstances of the case. 13. This Court has also considered the submission of Shri Borah, the learned Standing Counsel that the rejection is based on cogent reasons as there was dearth of Govt. doctors. Though factually the said submission may be correct, what was required was passing and communicating an order of rejection to the petitioner within the prescribed period of 3 (three) months as envisaged in F.R 56 (c) which admittedly was not done. 14. Accordingly, the initiation of the Disciplinary Proceeding vide the Show Cause Notice dated 27.02.2019 and the order of dismissal from service dated 10.03.2023 are set aside. The Department is directed to treat the petitioner to have retired from service from or about 28.03.2018 and accordingly take steps for finalizing all the benefits which have accrued to the petitioner on such retirement.” Since these directions were not complied with, this contempt petition has been filed. Today when the matter is listed, Mr D Bora, learned Standing Counsel, Page No.# 3/3 Health on instructions submits that the directions contained in the order dated 01.05.2024 passed in W.P(C) No. 2162/2023 has been complied with. The petitioner is treated to have superannuated from Government service w.e.f 28.03.2018 as directed. Since this directions contained in the Judgment and order dated 01.05.2024 passed in W.P(C) No. 2162/2023 stood complied with, this Court does not want to proceed any further and the contempt petition stands closed. Whatever dues are payable to petitioner in pursuance to the directions contained in the order dated order dated 01.05.2024 passed in W.P(C) No. 2162/2023 shall be released without further delay. Notices are issued stands recalled. JUDGE Comparing Assistant