Allowed

Dinesh Buragohain v. Gaurav Bothra, IAS

Gauhati HC19 Sept 2022I.A.(Civil)/1240/2022

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application seeking impleadment of the incumbent Commissioner & Secretary as party-respondent no. 2 in a connected case regarding the upgradation of a post, directing necessary correction in the cause-title.

What did the court decide?

Interlocutory application for impleadment of party-respondent no. 2 allowed; cause-title of Cont.Case[C] no. 115/2020 to be corrected.

Dinesh Buragohain Vs Gaurav Bothra, IAS — Company and Corporate | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010076482022

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

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Case No. : I.A.(Civil)/1240/2022

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DINESH BURAGOHAIN

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S/O LT. MUKHSWAR BURAGOHAIN, R/O RUKMINI NAGAR, WIRELESS, GUWAHATI-6, DIST. KAMRUP (M), ASSAM

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VERSUS

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GAURAV BOTHRA, IAS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HANDLOOM, TEXTILE AND SERICULTURE DEPTT. AND MANAGING DIRECTOR OF GMDA LTD. AT DISPUR-6, GUWAHATI-781006

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2:SMT. MONALISA GOSWAMI COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HANDLOOM

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TEXTILE AND SERICULTURE DEPTT. AND MANAGING DIRECTOR OF GMDA LTD. AT DISPUR-6 GUWAHATI-78100

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Advocate for the Petitioner : MR. B J MUKHERJEE

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 19-09-2022

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Heard Mr. H. Buragohain, learned counsel for the applicant-petitioner.

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Page No.# 2/3

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The petitioner has filed the connected Cont.Case[C] no. 115/2020 alleging non-compliance of an order dated 29.08.2019 passed in the writ petition, W.P.[C] no. 6953/2017. By the order dated 29.08.2019, the Commissioner and Secretary to the Government of Assam, Handloom, Textiles & Sericulture Department had been directed to take a conscious decision on the proposal submitted by the Director of Handloom and Textiles, Assam for upgradation of the post of Assistant Engineer [Mechanical] to that of Assistant Executive Engineer [Mechanical] in the said Directorate. In the Cont.Case[C] no. 115/2020, the sole respondent was impleaded in his capacity as the Commissioner & Secretary to the Government of Assam, Handloom, Textile & Sericulture Department.

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The instant interlocutory application has been preferred seeking impleadment of the present incumbent of the office of the Commissioner & Secretary, Government of Assam, Handloom, Textile & Sericulture Department as the party-respondent no. 2 on the ground that the sole respondent who was impleaded in his capacity as the Commissioner & Secretary to the Government of Assam, Handloom, Textile & Sericulture Department, has, transferred in the meantime and in his place, the proposed party-respondent has joined in that capacity.

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On 25.05.2022, this Court directed the petitioner to serve a copy of the order dated 29.08.2019 passed in the writ petition, W.P.[C] no. 6953/2017 to the present incumbent of the office of the Commissioner & Secretary to the Government of Assam, Handloom, Textile & Sericulture Department who has been sought to be impleaded as the party-respondent no. 2 by his interlocutory application. An additional affidavit has been filed on behalf of the petitioner stating that a notice/representation has already been submitted to the proposed

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Page No.# 3/3

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party-respondent on 26.05.2022 in order to bring the order dated 29.08.2019 to notice.

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In view of the afore-stated factual premise, this interlocutory application seeking impleadment of

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‘Smt. Monalisa Goswami

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Commissioner and Secretary to the

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Government of Assam

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Handloom, Textile and Sericulture Department,

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Dispur, Guwahati – 781006.’

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as party-respondent no. 2 in Cont.Case[C] no. 115/2020 is allowed.

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The office is to make necessary correction in the cause-title of Cont.Case[C] no. 115/2020.

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JUDGE

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Comparing Assistant

Dinesh Buragohain v. Gaurav Bothra, IAS

Case brief

What is this about?

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Dinesh Buragohain v. Gaurav Bothra, IAS

Case brief

What is this about?

What did the court decide?

What the court decided

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