Samidur Rahman v. Niraj Verma Ias

ORDER Date : 20/05/2024 Vijay Bishnoi, CJ

Heard Mr. F.K.R. Ahmed, learned counsel for the petitioners. This contempt petition is filed by the petitioner complaining that the order passed by this Court on 24/01/2023 in Writ Appeal No. 308/2021 has not been complied with. This Court vide order dated 24/01/2023 issued a direction to the Assam Power Distribution Company Ltd. (APDCL) to conduct a verification exercise of all the persons who were appointed on the post of Sahayak and has further directed that if it is found that any of the candidate not furnished his/her requisite essential documents after the last date of submission of application of the advertisement concerned, their services are liable to be terminated, however, after giving note to them. It was further directed that after completing the exercise of terminating the services of such ineligible candidates, the vacant posts shall be filled up from amongst the other remaining candidates as per their merit, if they come within the zone of merit. Learned counsel for the petitioners has submitted that the said direction has not been complied with by the respondents. Page No.# 4/4 We have gone through the contempt petition as well the affidavit filed in support of it and found that there is no specific averments to the effect that the authorities of the APDCL has not conducted the exercise, as directed by this Court vide order dated 24/01/2023. The petitioners in this contempt petition is relying on some communications received by him from the respondent no. 5 to the effect that he has written a letter to the respondent no. 3 to furnish the information regarding the action taken by it, and, therefore, it can be said that the contemnors willfully and deliberately violated the judicial order. We are not convinced with the submission of the learned counsel for the petitioners and are of the view that the petitioners have failed to make out a case of willful disobedience on the part of the respondents. Hence, no case of issuance of notice is made out. Contempt petition stands dismissed.

JUDGE CHIEF JUSTICE

sukhamay Comparing Assistant

PageoNo.#o1/4 GAHC010094492024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCont.Cas(C)/252/2024o SAMIDURoRAHMANo S/O-LATEoANSERoALIoSARKAR,o R/O-oVILLAGE-ASHARIKANDI,o P.S-oGAURIPUR,o DIST-oDHUBRI,oASSAM,o PIN-783331 2:oSOFIORoRAHMAN oS/O-MD.oSORMANoALI o R/O-oVILLAGE-RIVERoBLOCKoNO-11 o P.O-oMAJERCHAR o P.SoANDoDIST-oDHUBRI oASSAM o PIN-783325 3:oSUKURoALI oS/O-LATEoLALCHANDoMOLLAH o R/O-oVILLAGE-ALOMGANJoPARToIX o P.O-oGAURIPUR o DIST-oDHUBRI oASSAM o PIN-783339 4:oNOZRULoISLAMoAHMED oS/O-NOMEZoUDDINoAHMMED o PageoNo.#o2/4 R/O-oVILLAGE-ALOMGANJoPARToI o P.O-oGAURIPUR o DIST-oDHUBRI oASSAM o PIN-78333o VERSUSo NIRAJoVERMAoIASo PRINCIPALSECRETARY/oCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oDEPTT.oOFoPOWERoELECTRICITY,oDISPUR,oGUWAHATI-06 2:C.KoDASo oIAS oCHAIRMAN oSTATEoELECTRICITYoBOARD oBIJULEEoBHAWAN oPALTANoBAZAR oGUWAHATI-01 3:UTPALAoSHARMA oCHIEFoGENERALoMANAGERoOFoASSAM oPOWERoDISTRIBUTIONoCO.oLTD.oPALTANoBAZAR oGUWAHATI-01 4:PRAMATTAoRAZoKUMAR oGENERALoMANAGER oGUWAHATIoZONE oAPDCL oSIXMILE oGUWAHATI-22 5:PANKAJoBARMAN oCHIEFoEXECUTIVEoOFFICERo(CEO) oKOKRAJHARoELECTRICITYoCIRCLE oAPDCLo oKOKRAJHAR oBTC oASSAM oPIN-783370 6:AMANDIPoSINGH oDEPUTYoGENERALoMANAGER o KOKRAJHARoELECTRICITYoCIRCLE Page No.# 3/4 APDCL KOKRAJHAR BTC ASSAM PIN-78337 Advocate for the Petitioner : MRS. HEMLATA THAKURIA Advocate for the Respondent : BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM