Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 7874 (GAU)

GIRISH BORA v. NIRAJ VERMA, IAS AND ORS.

Cont.Cas(C)/92/2020 · 2025-02-23

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010034862020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/92/2020 GIRISH BORA S/O LATE APA RAM BORA, R/O VILL-PARALIGURI, P.O.-KAMPUR, NAGAON, ASSAM, PIN-782426 VERSUS NIRAJ VERMA, IAS AND ORS. THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006 2:MRS. CHITRALEKHA DAS ACS THE UNDER SECRETARY TO THEN GOVT. OF ASSAM URBAN DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-781006 3:MOHANLAL SUREKA ACS THE DIRECTOR MUNICIPAL ADMINISTRATION DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-781006 4:LALIT BHARALI THE CHAIRMAN KAMPUR MUNICIPAL BOARD (FORMERLY KAMPUR TOWN COMMITTEE) NAGAON ASSAM PIN-782426 Page No.# 2/4 5:SANJIB DALAI ACS ADDITIONAL DEPUTY COMMISSIONER NAGAON HOLDING THE OFFICE OF THE CHAIRMAN KAMPUR MUNICIPAL BOARD (FORMERLY KAMPUR TOWN COMMITTEE) KAMPUR NAGAON ASSAM PIN 782001. 6:SMTI. DHARITRI BARUAH THE CHAIRPERSON KAMPUR MUNICIPAL BOARD (FORMERLY KAMPUR TOWN COMMITTEE) KAMPUR NAGAON ASSAM PIN-782001 Advocate for the Petitioner : MR. S SARMA, MR. J DEKA,MR. T K BHUYAN,MR. A GAUTAM,MR. S K DEKA Advocate for the Respondent : MR. S R BORUAH (r-6), FARIDUL AMIN (R6),MR. SURAJIT DAS (R6),MR SARFRAZ NAWAZ (R6),MS. R DUTTA (r-4),MR. S KATAKI (r-4),MR B DEURI (r-5) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.02 .2025 Heard Mr. J. Deka, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned counsel for the respondent No.5. This contempt petition was filed by the petitioner alleging willful disobedience of the order dated 01.03.2019 passed in WP(C) No. 1279/2011. By the said order this Court disposed of the writ petition by setting aside the impugned discharge order dated 23.07.2007 giving liberty to the authorities to proceed, if so advised, from the stage of furnishing the show cause notice by giving a list of witnesses as well as the documents. It was directed petitioner Page No.# 3/4 will be entitled to be reinstated in service and face departmental enquiry afresh as directed. This Court further directed that the petitioner would also be entitled to consequential benefits including arrears of subsistence allowances which have not been paid to him. Pursuant to the disposal of the writ petition by the instant order, the petitioner was reinstated in service. However, the further directions of this Court in the order dated 01.03.2019 passed in WP(C) No. 1279/2011 was not complied with and consequently the present contempt petition has been filed. This Court by order dated 20.09.2024 had recorded a prima facie finding that the respondents had not complied with the directions of this Court in the order dated 01.03.2019 passed in WP(C) No. 1279/2011. Consequently, personal appearance of respondent No.6 was directed by this Court. Subsequently, by order dated 19.12.2024 it is reflected that an amount of Rs. 8,16,336/- (Rupees Eight Lakh Sixteen Thousand Three Hundred Thirty Six only) has been released to the petitioner. However, the petitioner was not reinstated in service and subsequently he superannuated from service. Today when the matter was called up the learned counsel for the petitioner submits that since the petitioner had already superannuated and an amount of Rs.8,16,336/- (Rupees Eight Lakh Sixteen Thousand Three Hundred Thirty Six only) have been released to the petitioner. However the petitioner finds this amount lesser than the amount he ought to have been received as per his calculations. Since the petitioner has superannuated, the learned counsel for the petitioner on instructions submits that the writ petitioner does not wish to proceed in the contempt proceedings any further. Taking into consideration the submissions made, this Court is of the view Page No.# 4/4 that since the some amount has been released to the petitioner and the petitioner in the meantime had also superannuated from his service and the petitioner does not wish to proceed with the contempt petition any further, this Court considers it appropriate to close the present proceeding at this stage. However, liberty is granted to the petitioner to approach any authority including this Court for redressal of any further grievances ventilated by his representation dated 18.12.2024 before the respondent No.6. The contempt petition accordingly stands closed. Notices issued are recalled. Pending Interlocutory Application is also dismissed. JUDGE Comparing Assistant