In this interlocutory application, the applicant sought deletion of the Comptroller and Auditor General (CAG) of India as a necessary party from the linked writ petition (WP(C)/5306/2021) citing changed circumstances and consent of all counsels, specifically regarding the employment status of the opposite party.
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GAHC010160782021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1344/2023
THE COMPTROLLER AND AUDITOR GENERAL (CAG) OF INDIA DEEN DAYAL UPADHYAYA MARG NEW DELHI 110124
VERSUS
JUNU DOLEY AND 4 ORS.
D/O MOHENDRA DOLEY C/O LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR 784001 DIST SONITPUR ASSAM
2:THE UNION OF INDIA THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI. 3:THE DIRECTOR
LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR- 784001 DISTRICT- SONITPUR ASSAM. 4:THE ADMINISTRATIVE OFFICER
LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR- 784001 DISTRICT- SONITPUR ASSAM. 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 JUNU DOLEY AND 4 ORS.
Linked Case : WP(C)/5306/2021
JUNU DOLEY D/O MOHENDRA DOLEY C/O LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH, TEZPUR, 784001, DIST SONITPUR, ASSAM
VERSUS THE UNION OF INDIA AND 4 ORS THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI
2:THE DIRECTOR LOKPRIYA GOPINATH BORDOLOI REGIONAL INSITUTE OF MENTAL HEALTH TEZPUR 784001 DIST SONITPUR ASSAM
3:THE ADMINISTRATIVE OFFICER LOKPRIYA GOPINATH BORDOLOI REGIONAL INSITUTE OF MENTAL HEALTH TEZPUR 784001 DIST SONITPUR ASSAM
4:THE COMPTROLLER AND AUDITOR GENERAL (CAG) OF INDIA DEEN DAYAL UPADHYAYA MARG NEW DELHI 110124 5:NORTH EASTERN COUNCIL REPRESENTED BY THE CHAIRMAN ROOM NO. 410 1ST FLOOR NEC SECRETARIAT
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NONGRIM HILLS SHILLONG 793003 MEGHALAY
Advocate for the Petitioner : MR B D DAS
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
04/08/2023
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.
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.
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. 5306/2021.
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. 5306/2021.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the Comptroller and Auditor General (CAG) of India is a necessary party to the adjudication of the linked writ petition given the change in circumstances and the nature of employment of the op
To allow the deletion of the Comptroller and Auditor General (CAG) of India from the cause title of the linked writ petition.
Junu Doley
The Union of India
Comptroller and Auditor General (CAG) of India
North Eastern Council
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
