The Comptroller and Auditor General (Cag) of India v. Rintumoni Patir and 4 Ors.

Gauhati HC5 Aug 2023I.A.(Civil)/1369/2023

Case brief

AI extract

What is this about?

In an interim interlocutory application, the court heard an argument that the CAG is no longer a necessary party. The order recorded the counsel’s submission regarding the change in circumstances and directed the registry to delete the CAG from the cause title and renumber respondents.

What did the court decide?

Direction to registry to delete name of Comptroller and Auditor General (CAG) from cause title of WP(C) No. 5300/2021 and renumber respondents.

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

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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)/1369/2023

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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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RINTUMONI PATIR AND 4 ORS. D/O LATE BOGEN PATIR, C/O LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH, TEZPUR, 784001, DIST 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.

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3:THE DIRECTOR

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

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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

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Advocate for the Petitioner : MR. R K TALUKDAR

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Advocate for the Respondent : MR. S C BISWAS

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Linked Case : WP(C)/5300/2021

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RINTUMONI PATIR D/O LATE BOGEN PATIR 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

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LOKPRIYA GOPINATH BORDOLOI REGIONAL INSITUTE OF MENTAL HEALTH

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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 NONGRIM HILLS SHILLONG 793003 MEGHALAYA -----------Advocate for : MR B D DAS Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 4 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. 5300/2021.

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Registry shall do the needful, deleting the name of the respondent No. 4, Comptroller and

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Auditor General (CAG) of India, Deen Dayal Upadhaya Marg, New Delhi from the cause title of WP(C) No. 5300/2021 and shall accordingly, renumber the respondents therein.

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JUDGE

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Comparing Assistant

The Comptroller and Auditor General (Cag) of India v. Rintumoni Patir and 4 Ors.

Case brief

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The Comptroller and Auditor General (Cag) of India v. Rintumoni Patir and 4 Ors.

Case brief

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