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2014 DIGILAW 385 (GAU)

Sumitra Kalita v. Ajay Mohanty

2014-04-01

A.M.SAPRE

body2014
JUDGMENT A.M. Sapre, J. 1. This contempt petition is filed under sections 11 and 12 of the Contempt of Court's Act, 1971 read with the provisions of Contempt of Court (Gauhati High Court) Rules, 1977 and Article 215 of the Constitution of India by the petitioner of WP(C) No. 2140 of 2009 and decided by the learned Single Judge on 19.10.2009. 2. By the order under consideration out of which this contempt petition arises, the learned Single Judge allowed the writ petition with the direction to the respondents to consider the case of the petitioner. 3. The operative part of the order dated 19.10.2009 rendered in the WP(C) No. 2140 of 2009 reads as follows: After hearing the learned counsel for the parties and on a consideration of the factual background as above, this Court is of the view that it would meet the ends of justice if this petition is closed with a direction to the petitioner to submit an appropriate representation before the concerned authorities of the Railways seeking the relief detailing all relevant facts. Ordered accordingly. The petitioner would file a representation before the Chief Personnel Officer, NF Railways, Maligaon, Guwahati. Needless to say that, if such a representation is filed, the aforementioned authority would cause necessary steps to be taken to examine the tenability of her claim and if the same is found to be genuine, he would ensure that the service benefits due to her husband and available to her at this stage are disbursed to her without undue delay. The exercise as ordered should be completed within a period of four(4) weeks from the date of submission of the representation as above. The petition stands closed in the above terms. No costs. 4. Counsel for the petitioner, however, in this contempt complains that despite petitioner serving a legal notice on the respondents, the respondents have not considered the case of the petitioner. 5. Having heard the learned counsel for the petitioner and learned counsel for the respondents, I am inclined to dispose of this contempt petition by extending the period fixed in the order dated 19.10.2009 for its implementation by a further period of 6(six) months from to-day, as an outer limit provided no appeal is filed by the respondents and no stay is obtained of the order impugned therein. In other words, if no appeal is filed by the respondents and if filed and yet no stay is obtained, then order dated 19.10.2007 passed in WP(C) No. 2140 of 2009 shall have to be complied with in letter and spirit by the respondents within 6(six) months from the date of this order. In case if order is not complied with even within the extended period fixed by the Court subject to what is discussed above, the respondents and all other authorities responsible for ensuring compliance shall be held guilty for committing contempt of this Court order and appropriate order(s) imposing punishment as provided under the Contempt of Courts' Act would be passed against each of them. 6. The learned counsel for the respondents are requested to forward a copy of this order along with the copy of the original order dated 19.10.2009 passed in WP(C) No. 2140 of 2009 to the respondents, i.e. the official concerned to enable them to ensure compliance as directed. The respondents will also communicate the compliance report to the petitioner as soon as it is complied with within the period fixed by this Court. 7. Subject to the aforesaid, this contempt petition stands disposed of. No cost. Disposed off.