Meta Pixel
CNR: SKHC010000552020
DISPOSED

Md. Nasiruddin Ansari vs State of Sikkim and ors.

Case NumberCont. Cas(C) /1/2020
Date of Filing30 Jun 2020
Case TypeContempt Of Court Cases Relating To Civil Contempt
Last Hearing15 Oct 2020
State--
City--
Year of Filing2020

Party Details

Petitioner
  • Md. Nasiruddin Ansari
Respondent
  • State of Sikkim and ors.
  • National Hydro-Electric Power Corporation
  • The Chief Engineer (General Manager)
  • NHPC
  • Commissioner
  • Disabilities

Case Summary

Md. Nasiruddin Ansari filed Case No. Cont. Cas(C) /1/2020 in the Sikkim High Court on 30 Jun 2020 against State of Sikkim and ors. and National Hydro-Electric Power Corporation. The case has had one hearing so far. The case was disposed of on 15 Oct 2020. 3 orders have been issued in this matter.

Hearing History (1)

  • 15OCT 2020
    Disposal

    Judge: Hon'ble The Chief Justice

Orders (3)

Judgement DetailsView full order PDF ↗

HIGH COURT OF SIKKIM Record of Proceedings through Video Conferencing Page-1 of 2 Cont.

Cas(C) No.01 of 2020 MD.

NASIRUDDIN ANSARI …PETITIONER VERSUS STATE OF SIKKIM AND ORS. …RESPONDENTS Date: 15.10.2020 CORAM: HON’BLE MR.

JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE … O R D E R (O R A L) Heard Mr.

N.

B.

Khatiwada, learned Senior Counsel assisted by Ms.

Gita Bista for the petitioner.

Also heard Ms.

Pema Bhutia, learned State Counsel for respondent nos.1 & 4 and Mr.

A.

K.

Upadhyaya, learned Senior Counsel assisted by Ms.

Rachhitta Rai, for respondent nos.2 & 3.

This contempt petition is filed alleging willful violation of the order of this Court dated 04/12/2019 passed in WP(C) No.

52/2018.

The petition is filed without arraying the persons who had willfully and deliberately violated the order of this Court by name.

The respondents are arrayed by designation.

A post may be held by different incumbents at different points of time.

Allegations of willful and deliberate violation of an order of the court can be brought only against a person and not against a post.

Confronted with the aforesaid situation, Mr.

Khatiwada submits that he may be permitted to withdraw this contempt petition with liberty to file a fresh contempt petition.

ARUP KUMAR GOSWAMI Digitally signed by ARUP KUMAR GOSWAMI Date: 2020.10.15 14:38:56 +05'30' HIGH COURT OF SIKKIM Record of Proceedings through Video Conferencing Page-2 of 2 At this juncture, Mr.

Upadhyaya submits that this contempt petition is not maintainable because of non-compliance of Rule 175 of the Sikkim High Court (Practice & Procedure) Rules, 2011.

However, in view of the prayer made by Mr.

Khatiwada, this aspect of the matter is not gone into.

Considering the matter in its entirety, for ends of justice, this contempt petition is closed and disposed of with liberty granted to the petitioner to approach this Court by way of filing a fresh contempt petition. petition.

Chief Justice Approved for Reporting: Yes pm/ ARUP KUMAR GOSWAMI Digitally signed by ARUP KUMAR GOSWAMI Date: 2020.10.15 14:39:15 +05'30'