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2014 DIGILAW 434 (GAU)

MD. MAHMADUL HOQUE v. B. K. DAS

2014-04-09

A.M.SAPRE

body2014
Judgment : None appears for the petitioner. Heard Mr. J. Abedin, learned counsel for the respondents. 2. 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.3431 of 2011 decided by the learned Single Judge on 4.10.2012. 3. 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. 4. The operative part of the order dated 4.10.2012 rendered in the connected WP(C) No. 3431 of 2011 reads as follows: “The learned counsel for the respondents submit that the case of the petitioner shall be considered by the appropriate authority. Having regard to the aforesaid submissions advanced by the learned counsel appearing for the parties, the writ petition is disposed of with the following direction :- (1) The Director of Elementary Education, Assam shall scrutinize the grievances of the petitioner relating to non payment of his share of financial assistance from 2008 onwards and pass necessary speaking order within 2(two) months from the date of production of the certified copy of the order passed today by the petitioner before the said authority; and (2) The District Scrutiny Committee constituted under Section 10 of the 2011 Act shall look into the grievances of the petitioner relating to non sending of his name and particulars by the Headmaster of the aforesaid school. Such scrutiny shall be made on the basis of the school records. No decision relating to the provincialisation of any teaching staff of the aforesaid school shall be taken without necessary verification, as required under Section 10 of the 2011 Act. The order that may be passed, shall be communicated to the petitioner. The writ petition is accordingly disposed of. No costs.” 5. 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. 6. The order that may be passed, shall be communicated to the petitioner. The writ petition is accordingly disposed of. No costs.” 5. 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. 6. 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 4.10.2012 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 4.10.2012 passed in WP(C) No. 3431 of 2011 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. 7. The learned counsel for the respondents are requested to forward a copy of this order along with the copy of the original order dated 4.10.2012 passed in WP(C) No. 3431 of 2011 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. 8. Subject to the aforesaid, this contempt petition stands disposed of. No cost.