Kamala Saloi v. Sanjib Shyam and Anr

Page No.# 1/3 GAHC010290412023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/795/2023 KAMALA SALOI W/O LATE GAJENDRA CH. SALOI @ GAJENDRA SALOI, VILL.- GURUKUCHI, RANGIA, DIST.- KAMRUP, ASSAM. VERSUS SANJIB SHYAM AND ANR. THE CHIEF ENGINEER, PWD(ROADS) DEPTT., CHANDMARI, GUWAHATI-781003. 2:KUSHAL KAKATI THE EXECUTIVE ENGINEER PWD NALBARI RURAL ROADS DIVISION NALBARI PIN-781335 For the petitioner (s) :Mr. N. K. Kalita, Advocate

For the respondent (s) : Mr. D. Nath, Advocate

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

05.01.2024 The instant contempt application has been filed by the petitioner alleging non-compliance to the order dated 25.05.2023 whereby this Court Page No.# 2/3 had directed the respondent authorities, more particularly to the respondent Nos.7 & 9 in the writ petition to disburse the amount of Rs.1,36,708/- within a period of two months from the date the certified copy of the order was served upon the said respondent authorities.

¶2It is seen from the records that on 03.06.2023, the certified copy was duly submitted before the present opposite parties herein and it is also seen from the Annexure-3 that the Governor of Assam has also sanctioned the amount of Rs.1,36,708/- to be paid to the petitioner for the medical reimbursement of her deceased husband.

¶3The petitioner being aggrieved by non-disbursal of the said amount of Rs.1,36,708/- inspite of the sanction being granted has therefore approached this Court alleging willful violation to the order passed by this Court by filing the instant contempt application.

¶4When the matter was taken up today, this Court has requested Mr. D. Nath, the learned Standing Counsel, PWD to enquire as to why the amount has not yet been disbursed to the petitioner even though the sanction was duly granted as on 11.10.2023.

¶5Mr. D. Nath, the learned Standing Counsel, PWD had made an enquiry and was appraised by the Executive Engineer, PWD that the medical reimbursement bill of the petitioner is under process for drawing and disbursement within the time limit of next two weeks of this month. Mr. D. Nath, the learned Standing Counsel has also submitted that the amount would be duly credited to the bank account of the petitioner on or before 29.01.2024.

¶6Taking into account the above, this Court closes the instant contempt Page No.# 3/3 proceedings on the basis of the said communication issued by the Executive Engineer, PWD as well as the undertaking so given by Mr. D. Nath, the learned Standing Counsel for the PWD.

¶7The communication which has been placed before this Court during the course of hearing is kept on record and marked with the letter "X".

¶8The petitioner is further directed to serve a certified copy of the instant order to Mr. D. Nath, the learned Standing Counsel, PWD for due compliance. JUDGE Comparing Assistant