GAHC010014502015

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Cont.Cas(C) 300/2015

1:SWAHID KUSHAL KONWAR SAMABAY SUTAKOL LTD. SRAMIK SANTHA, REP. BY THE SECY., P.O. DABIDUBI, DIST- GOLAGHAT, ASSAM

VERSUS

1:JITESH KHOSLA and 4 ORS. CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY.

2:S. MEWARA ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM CO-OP. DEPTT. DISPUR GHY-6

3:SAMEER KUMAR KHARE PRINCIPAL SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR ASSAM GHY-6

4:DR. RAVI KOTA COMMISSIONER and SECY. TO THE GOVT. OF ASSAM DEPTT. OF FINANCE DISPUR GHY-6

5:HEMANTA NAZARY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM CO-OP. DEPTT. DISPUR GUWAHAT

Advocate for the Petitioner : MR.G UZIR

Advocate for the Respondent : MS.A VERMAR-3 and 4

Linked Case : Cont.Cas(C) 302/2015

1:M/S ASSAM CO-OPERATIVE SPINNING MILLS EMPLOYEES UNION REP. BY THE SECY. BOITAMARI BONGAIGAON ASSAM.

VERSUS

1:JITESH KHOSLA and 4 ORS. CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GUWAHATI.

2:S. MEWARA ADD. CHIEF SECY. TO THE GOVT. OF ASSAM CO-OPERATION DEPTT. DISPUR GHY- 6.

3:SAMEER KUMAR KHARE PRINCIPAL SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY- 6.

4:DR. RAVI KOTA COMMISSIONER and SECY. TO THE GOVT. OF ASSAM DEPTT. OF FINANCE DISPUR GHY- 6.

5:HEMANTA NAZARY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM CO-OPERATION DEPTT DISPUR

GUWAHATI.

Advocate for the Petitioner : MR.G UZIR Advocate for the Respondent : DR.B AHMEDR-2 and 5

Linked Case : Cont.Cas(C) 405/2015

1:NOWGONG CO-OPERATIVE SUGAR MILLS WORKER'S UNION HAVING ITS OFFICE AT KAMPUR DIST. NAGAON ASSAM REP. BY ITS GENERAL SECRETARY- SRI BHADRA KANTA NATH.

VERSUS

1:VINOD KUMAR PIPERSANIA and 5 ORS IAS CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI- 781006.

2:SRI HEMANTA NARZARY IAS PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM CO-OPERATION DEPARTMENT DISPUR GUWAHATI- 781006.

3:DR. RAVI KOTA IAS PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006.

4:SRI V.B. PYARELAL IAS ADDITIONAL CHIEF SECRETARY-CUM- PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC ENTERPRISES DEPARTMENT DISPUR GUWAHATI- 781006.

5:SRI SANJIB GOGOI IAS REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI - 781022.

6:SMT. ANUPAMA CHAKRABORTY OFFICIAL LIQUIDATOR-CUM- MANAGING DIRECTOR FOR THE NAGAON CO -OPERATIVE SUGAR MILLS LTD. KAMPUR DIST. NAGAON ASSAM.

Advocate for the Petitioner : MR.M K BARUAH Advocate for the Respondent : MR.KHAYERUDDINR-1 and 2

Linked Case : Cont.Cas(C) 115/2016

1:GULMAI DAS and 7 ORS W/O LT. JURMONI DAS VILL. JELMONI P.O. DHUDANG

2: GOLAPI MURA W/O BHADUA MURA VILL. RANGDHALI GOAN P.O. BATIPORIA

3: SAGAR CH. BORA S/O LT. TELTUPI BORA VILL. KOMARGAON P.O. DERGAON

4: ANIL BORTHAKUR S/O LT. NANDESWAR BARTHAKUR VILL. KURALGURI P.O. BORUAH BAMUNGAON

5: TULSHI GOGOI S/O LT. MUKESWAR GOGOI VILL. and P.O. BATIPORIA

6: LILA DHAR SAIKIA S/O LT. DURNO SAIKIA VILL. JERASUK P.O. GONOK PUKHURI

7: GONESH BORA

S/O LT. GOPAL BORA VILL. PULUGAMARIA P.O. GONOK PUKHURI

8: PUNA RAM SAIKIA S/O LT. MOGORAM SAIKIA VILL. and P.O. BONGALGAON ALL THE PETITIONERS ARE DIST- GOLAGHAT ASSAM PIN-785621 VERSUS

1:VINOD KUMAR PEPERSENIA and 7 ORS IAS THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY-6

2:HEMANTA NAGARI IAS THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM CO-OP. DEPTT. DISPUR GHY-6

3:V.B. PEYARALAL IAS THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM PUBLIC ENTERPRISES DEPTT. DISPUR GHY-6

4:ROVI KOTA IAS THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-6

5:S.K. GOGOI THE REGISTRAR OF CO-OP. SOCIETIES ASSAM GOVT. OF ASSAM KHANAPARA GHY-22

6:ANIL HAZARIKA THE MANAGING DIRECTOR ASSAM

CO-OP. SUGAR MILLS LTD. BARUAH BAMUNGAON C/O O/O THE DY. REGISTRAR OF CO-OP. SOCIETIES ASSAM

7:ANWARUL HAQUE THE DY. COMMISSIONER GOLAGHAT P.O. and DIST- GOLAGHAT ASSAM PIN-785621

8:S.K. SANGMA THE REGIONAL PROVIDENT FUND COMMISSIONER NORTH EASTERN REGION G.S. ROAD BHANGAGARH GHY-5

Advocate for the Petitioner : MR.M U MONDAL Advocate for the Respondent : MR.N HAQUE R-1and2

Linked Case : Cont.Cas(C) 705/2015

1:BHABANANDA DUTTA and 37 ORS S/O. LT. KASIRAM DUTTA VILL. BURAGAON P.O. BARUAH BAMUNGAON

VERSUS

1:VINOD KUMAR PEPERSENIA and 7 ORS THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY.-06.

Advocate for the Petitioner : MR.M U MONDAL Advocate for the Respondent : MR.A U AHMEDR-1 2 and 5

Linked Case : Cont.Cas(C) 801/2015

1:BENU MOHAN BORAH and 25 ORS. S/O. LT. GAGAN CH. BORA VILL. ATI KAMPUR P.O. and P.S. KAMPUR DIST. NAGAON ASSAM.

VERSUS

1:VINOD KR. PIPERSANIA and 4 ORS. CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY.-781006.

Advocate for the Petitioner : MR.K GOGOI Advocate for the Respondent : DR.B AHMEDR-1 2 4and5

BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

ORDER

Date : 28-03-2019

Heard Mr. G. Uzir, learned counsel as well as Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned Senior counsel assisted by Mr. B. Gogoi, learned counsel for the respondents No.3 and 4 as well as Dr. B. Ahmed, learned counsel for the respondents No.2 and 5. None appears on call for the State respondents.

2. At the outset, the learned Senior counsel for the respondent Nos. 3 and 4 has submitted that during the pendency of this contempt petition the Officer earlier holding the Office of the Principal Secretary to the Government of Assam, Finance Department (respondent No.3) and the Commissioner and Secretary to the Government of Assam, Department of Finance (respondent No.4) have been transferred.

3. On the query made by the Court, it is submitted that the post of Principal Secretary to the Government of Assam, Finance Department is now being hold by Mr. Sameer Sinha, IAS.

4. Dr. B. Ahmed, learned counsel for the respondents No.2 and 5 also submits that presently the respondents No. 2 and 5 are no longer holding the post of Additional Chief Secretary to the Government of Assam, Cooperation Department and it is also submitted that the respondent No.1 is also no longer the Chief Secretary to the Government of Assam.

5. It is submitted that on the pointed question of this Court that Mr. P.K. Talukdar, ACS is now holding the Office of Secretary to the Government of Assam, Cooperation Department and Mr. Alok Kumar, IAS is now holding the post of Chief Secretary to the Government of Assam.

6. The learned counsel for the petitioner may take note of above disclosures made by the learned counsel for the respondents No 2 and 5.

7. The learned Senior counsel for the respondents No.3 and 4, upon instructions has submitted that a high level meeting has been held with the concerned Officers of the Cooperation Department as well as the Finance Department. But the Cooperation Department has not provided the requisite information as asked for vide the notice dated 30.11.2018.

8. It is further submitted that although the Cooperation Department has not furnished the requisite information, a sum of Rs.5,610.35 lakhs has already been placed for onward payment of VRS availing petitioners, but effectual disbursement cannot be made.

9. On the query made by this Court, the learned Senior counsel for the petitioner has further submitted that the Finance Department has taken note of the order dated 07.03.2019 by virtue of which this Court had directed that all the respondents shall ensure that the amount released by the Finance Department before the Cooperation Department to the extent of Rs.5610.35 lakhs shall not be permitted to be lapsed and sent back to the Finance Department for not being able to utilize the said amount within the financial year ending on 31.03.2019, as the copy of the said order had been duly sent to the Finance Department.

10. As this matter has been heard in the contempt jurisdiction, this Court intends to

bring to the notice of the present Secretary to the Cooperation Department that he is required to ensure compliance of the judgment and order dated 13.11.2014 passed by this Court in WP(C) 6092/2010 and accordingly, the said authority is required to submit all the requisite documents and particulars to the Principal Secretary to the Government of Assam, Finance Department. The necessary particulars may be provided within the outer period of 4(four) weeks from today.

11. Having regard to the fact that the Finance Department as well as the Cooperation Department are both required to comply with the above referred judgment of this Court, it would be necessary on the part of the present Chief Secretary to the Government of Assam to call for a joint meeting between the Head of the Department of the Cooperation Department as well as the Finance Department preferably within a period of 4(four) weeks from today so as to ensure the compliance of direction issued in the order passed in WP(C) 6092/10.

12. Let a copy of the order be provided to Mr. B. Gogoi, learned counsel for the respondents No.3 and 4 as well as Dr. B. Ahmed, learned counsel for the respondents No. 2 and 5.

13. Also a copy of the order may also be provided to Mr. S.M. Baruah, learned counsel for the petitioner to enable him to bring the said order to the notice of the present (i) Chief Secretary to the Government of Assam, (ii) the Principal Secretary to the Government of Assam, Finance Department, and (iii) the Secretary of the Government of Assam, Cooperation Department, so as to ensure compliance of the judgment and order of this Court as indicated above.

14. Let the matter be listed again on 06.05.2019.

JUDGE

Comparing Assistant