The Comptroller and Auditor General (Cag) of India v. Gita Deka and 4 Ors.

Gauhati HC5 Aug 2023I.A.(Civil)/1340/2023

Case brief

AI extract

What is this about?

In Interlocutory Application IA(Civil)/1340/2023, the Gauhati High Court considered a prayer to delete the CAG of India from the cause title of a linked writ petition as the CAG was argued to no longer be a necessary party due to changed circumstances.

What did the court decide?

Directing the registry to delete the name of Respondent No. 4, CAG of India, from the cause title of WP(C) No. 4163/2022.

The Comptroller and Auditor General… — Constitutional and Fundamental Rights | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010106252023

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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)/1340/2023

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THE COMPTROLLER AND AUDITOR GENERAL (CAG) OF INDIA DEEN DAYAL UPADHYAYA MARG NEW DELHI- 110124.

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VERSUS

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GITA DEKA AND 4 ORS W/O- SRI BHASKAR JYOTI DAS R/O- LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR- 784001 DISTRICT- SONITPUR ASSAM.

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2:THE UNION OF INDIA

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THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI. 3:THE DIRECTOR

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LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR- 784001 DISTRICT- SONITPUR ASSAM. 4:THE ADMINISTRATIVE OFFICER

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LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR- 784001 DISTRICT- SONITPUR ASSAM.

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5:NORTH EASTERN COUNCIL

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REPRESENTED BY THE CHAIRMAN ROOM NO. 410 1ST FLOOR NEW SECRETARIAT NONGRIM HILLS SHILLONG MEGHALAYA-793003. -----------Advocate for : MR. R K TALUKDAR Advocate for : MR. S C BISWAS appearing for GITA DEKA AND 4 ORS

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Linked Case : WP(C)/4163/2022

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GITA DEKA W/O- SRI BHASKAR JYOTI DAS R/O- LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR- 784001 DISTRICT- SONITPUR ASSAM.

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VERSUS

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THE UNION OF INDIA AND 3 ORS THROUGH- THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI.

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2:THE DIRECTOR LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR- 784001 DISTRICT- SONITPUR ASSAM. 3:THE ADMINISTRATIVE OFFICER LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR- 784001 DISTRICT- SONITPUR ASSAM. 4:THE COMPTROLLER AND AUDITOR GENERAL (CAG) OF INDIA DEEN DAYAL UPADHYAYA MARG NEW DELHI- 110124.

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-----------Advocate for : MR. S C BISWAS Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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05/08/2023

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Heard Mr. R K Talukdar, learned counsel for the applicant and Mr. S C Biswas, learned counsel for the opposite party No. 1. Also heard Mr. B Deka, learned counsel for the opposite party No. 5 North Eastern Council.

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By this Interlocutory Application, Mr. Talukdar, learned counsel for the applicant submitted before the Court that because of change circumstances, the respondent No. 4, Comptroller and Auditor General (CAG) of India, Deen Dayal Upadhaya Marg, New Delhi is no longer a necessary party for adjudication of this case as the opposite party No. 1 is an employee of Lokopriya Gopinath Bordoloi Regional Institute of Mental Health, Tezpur which has been accepted by the learned counsels for the opposite parties as well as the counsel for the petitioner.

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Accordingly, name of the respondent No. 4, Comptroller and Auditor General (CAG) of India, Deen Dayal Upadhaya Marg, New Delhi be deleted from the cause title of WP(C) No. 4163/2022.

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Registry shall do the needful, deleting the name of the respondent No. 4, Comptroller and Auditor General (CAG) of India, Deen Dayal Upadhaya Marg, New Delhi from the cause title of WP(C) No. 4163/2022.

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JUDGE

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Comparing Assistant

The Comptroller and Auditor General (Cag) of India v. Gita Deka and 4 Ors.

Case brief

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The Comptroller and Auditor General (Cag) of India v. Gita Deka and 4 Ors.

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