Allowed

The Comptroller and Auditor General (Cag) of India v. Smti Mitali Choudhury and 4 Ors.

Gauhati HC5 Aug 2023I.A.(Civil)/1368/2023

Case brief

AI extract

What is this about?

Application filed to delete Comptroller and Auditor General from cause title of linked writ petition contending that respondent is no longer a necessary party due to change of circumstances as the dispute concerns an employee of the Regional Institute.

What did the court decide?

To delete the name of Respondent No. 4, Comptroller and Auditor General (CAG) of India, from the cause title of Writ Petition (Civil) No. 4215/2022.

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)/1368/2023

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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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SMTI MITALI CHOUDHURY AND 4 ORS. THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI 2:THE UNION OF INDIA 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 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

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Page No.# 2/3

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1ST FLOOR NEW SECRETARIAT NONGRIM HILLS SHILLONG MEGHALAYA-793003.

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-----------Advocate for : MR. R K TALUKDAR Advocate for : MR. S C BISWAS appearing for SMTI MITALI CHOUDHURY AND 4 ORS.

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Linked Case : WP(C)/4215/2022

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SMTI MITALI CHOUDHURY W/O BISWAJIT DAS LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH COMPLEX TEZPUR-784001 DIST-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 2:THE DIRECTOR LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR-784001 DIST- SONITPUR ASSAM 3:THE ADMINISTRATIVE OFFICER LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR-784001 DIST-SONITPUR ASSAM 4:THE COMPTROLLER AND AUDITOR GENERAL (CAG) OF INDIA DEEN DAYAL UPADHYAYA MARG NEW DELHI-110124 -----------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. 4215/2022.

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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. 4215/2022.

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JUDGE

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Comparing Assistant

The Comptroller and Auditor General (Cag) of India v. Smti Mitali Choudhury and 4 Ors.

Case brief

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The Comptroller and Auditor General (Cag) of India v. Smti Mitali Choudhury and 4 Ors.

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