Gauhati High Court

Cont.Cas(C)/120/2021 of BIKUL BORAH Vs PROF (DR) RATNA KANTA TALUKDAR on 3 May 2026

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GAHC010034692021 2026:GAU-AS:6060 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/120/2021 BIKUL BORAH M/S SARAIGHAT SECURITY SERVICES, HOUSE NO. 26, SAMANNAY PATH, FIRM GATE, KHANAPARA, KAMRUP M ASSAM, 781022 VERSUS PROF (DR) RATNA

GAHC010034692021

2026:GAU-AS:6060

THE GAUHATI HIGH COURT

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

Case No. : Cont.Cas(C)/120/2021

BIKUL BORAH

M/S SARAIGHAT SECURITY SERVICES, HOUSE NO. 26, SAMANNAY PATH, FIRM GATE, KHANAPARA, KAMRUP M ASSAM, 781022

VERSUS

PROF (DR) RATNA KANTA TALUKDAR

PRINCIPAL CUM SUPERINTENDENT I/C JORHAT MEDICAL COLLEGE AND

HOSPITAL, JORHAT, 785001

Advocate for the petitioner(s): None appears Advocate for the respondent(s): Mr. M Bhuyan B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

04.05.2026

None appears on behalf of the petitioner on call.

2. Mr. M Bhuyan, the learned counsel appears on behalf of the respondents.

3. The present application has been filed alleging willful and deliberate violation of the order dated 05.01.2021 passed in WP(C)No.5511/2020 wherein there was a direction that the pending bills of the petitioner up to 07.01.2021 shall be processed and brought to its finality.

4. It is the case of the petitioner that pursuant to the said order the petitioner had duly submitted a representation. However, the same was not considered. The record reveals that an affidavit has been filed by the sole respondent, wherein it is mentioned that the bills for the period from January 2020 to October 2020 amounting to Rs.95,42,260/- have already been disbursed by the Jorhat Medical College & Hospital (JMCH), after getting sanction from the Government, although the service provider did not submit the bills properly with required challans. However, as regards the outstanding payment of the bills of the security service provider for November and December are pending due to non-submission of the proper bill supported by the payment details of the ESIC/EPF in terms of the contract agreement.

5. When the instant contempt application was listed before this Court, on 27.08.2024, this Court passed an order directing the petitioner to produce the Challans showing that the petitioner had made all EPF contributions in respect to his employees who had been working under the JMCH Complex by the next date. In pursuance thereto, an affidavit has been filed by the petitioner on 17.10.2025 wherein it is mentioned that the petitioner have not made payment for the EPF contributions as guards were not able to provide the EPF Account Number.

6. Taking into account the above and the stand which has been taken by the sole respondent in the affidavit, it is the opinion of this Court that the petitioner has failed to make out the case of willful and deliberate violation of the order dated 05.01.2021 passed in WP(C)No.5511/2020.

7. Accordingly, the contempt proceedings stands dropped.

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