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2017 DIGILAW 232 (GAU)

SUBHASINI THAKURIA v. RABI KAPOOR

2017-02-22

SUMAN SHYAM

body2017
1. Heard Mr. J. I. Barbhuiya, learned counsel for the contempt petitioner. Also heard Ms. M. Bhattacharjee, learned counsel for the respondents. 2. In terms of the order dated 15.02.2017, Mr. Rabi Kapoor, Additional Chief Secretary to the Government of Assam is personally present before this Court. It is submitted by Mr. Kapoor that the order of this Court has already been complied with and the petitioner has since been promoted but the retrospective effect to such promotion could not be given since the process of creation of a supernumerary post for the purpose is under progress. 3. This Court has noticed that after receipt of notice in connection with the contempt proceeding, the Additional Secretary to the Government of Assam has addressed a letter to the Registrar (Contempt) of the Gauhati High Court making certain communications which were required to be brought to the notice of this Court. In a contempt proceeding, once notices are served the opposite parties are required to appear either personally or through their counsel and bring their stand on record by filing affidavit. Therefore, this practice of writing letters to the Registry in contempt proceedings cannot be accepted as a valid mode of responding to the Court notice in a contempt case. Therefore, the opposite parties are cautioned not to resort to such a recourse in future. 4. Mr. Kapoor has, however, stated that due to the change in the panel of Government counsel, there was some communication gap as a result of which no affidavit could be filed on the last date but if some time is granted, the affidavit will be brought on record. Taking note of the submission made by the Additional Chief Secretary this Court is of the opinion that one more opportunity should be granted to the respondents to bring their stand on record by filing affidavit. 5. In view of the above, office to list this case after three weeks permitting the opposite parties to file affidavit. The name of Ms. M. Bhattacharjee, learned counsel for the respondents be reflected in the cause list. 6. The personal appearance of Mr. Rabi Kapoor stands dispensed with until further orders. 7. The affidavit filed by the petitioner on 21.02.2017 be brought on record.