LAWS(GAU)-2021-11-45

FARHANA KHANAM Vs. PREETOM SAIKIA, IAS

Decided On November 08, 2021
Farhana Khanam Appellant
V/S
Preetom Saikia, Ias Respondents

JUDGEMENT

(1.) Heard Mr. M. Khan, learned counsel for the appellant. This is an appeal filed by the appellant under Sec. 19 of the Contempt of Courts Act, 1971. According to the appellant, by order dtd. 2/11/2018 passed by the learned Single Judge in WP(C) No.8025/2015, certain monetary benefits were granted to the appellant in which there was a clear cut direction as well to grant the same with interest @ 6% per annum. This order was not complied by the concerned authority and the appellant was thereafter constrained to file a contempt case being Cont. Case (C) No.444/2019 before this Court.

(2.) In the contempt proceeding before the learned Single Judge, an order of the State Government was shown by the learned counsel for the other side in order to convince the Court that the order of the learned Single Judge dtd. 2/11/2018 passed in WP(C) No.8025/2015 had actually been complied with. In view of the above submission, the learned Single Judge had closed the contempt proceeding.

(3.) According to the appellant, since the order on which reliance was placed by the other side had never been complied with and the order of the learned Single Judge passed in Cont. Case (C) No.444/2019 was never complied with, there was deliberate and willful disobedience of the order dtd. 28/7/2021. Consequently, he has now filed the contempt appeal challenging the order dtd. 28/7/2021 passed by the learned Single Judge in Cont. Case (C) No.444/2019.