Applicant sought impleadment of the present Director of NERIST as party respondent No. 5 in a connected contempt petition following the retirement of the erstwhile respondent.
Registry to correct the cause title of the connected Contempt Petition by impleading Dr. Narendranath S as party respondent No. 5 and list the petition.
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GAHC040013532023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : IA(C)/167/2023
Pradip Kumar Modak S/o Late Pran Ballav Modak, Permanent resident of Vill and Post-Teor (Via Balurghat), District South (Dakshin) Dinajpur, West Bengal, Pin 733145, Mobile No. 9064508361
VERSUS
Shri D. K Paliwal and 3 Ors. DEA/DIRECTOR, T, DEPTT. OF HIGHER and TECHNICAL EDUCATION, MINISTRY OF HUMAN RESOURCE DEVELOPMENT MHRD, GOVT. OF INDIA, SHASTRI BHAWAN, C WING, NEW DELHI. 2:Shri H.S Yadav Age: 0 Occupation :
3:Shri M.K Camdir Age: 0 Occupation : 4:Shri M.M Singh Age: 0 Occupation
Advocate for the Petitioner : R B Yadav
Advocate for the Respondent : Nani Anju
Linked Case : Cont.Cas(C)/1/2019
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SHRI PRADIP KUMAR MODAK Age: 0 Occupation : Address:S/O LT. PRAN BALLAV MODAK PERMANENT RESIDENT OF VILL. and POST-TEOR VIA BALURGHAT DIST. SOUTH DAKSHIN DINAJPUR WEST BENGAL PIN 733145 MOBILE NO. 9064508361 VERSUS SHRI D.K. PALIWAL Age: 0 Occupation : Address:DEA/DIRECTOR T DEPTT. OF HIGHER and TECHNICAL EDUCATION MINISTRY OF HUMAN RESOURCE DEVELOPMENT MHRD GOVT. OF INDIA SHASTRI BHAWAN C WING NEW DELHI. 2:SHRI H.S YADAV Age: 0 Occupation : Address:THE DIRECTOR NERIST NIRJULI AP. PIN -791109. 3:SHRI M.K CAMDIR Age: 0 Occupation : Address:THE REGISTRAR NERIST NIRJULI AP. PIN -791109. 4:SHRI M.M SIMGJ Age: 0 Occupation : Address:DIRECTOR T DEPTT. OF HIGHER and TECHNICAL EDUCATION MINISTRY OF HUMAN RESOURCE DEVELOPMENT GOVT. OF INDIA SHASTRI BHAWAN C WING NEW DELHI.
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-----------Advocate for : MrR B Yadav Advocate for : Nani Anju appearing for SHRI D.K. PALIWAL: Advocate ,
,
, appearing for 2,
3,
4, respectively.
BEFORE
HONBLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
14.11.2023
Heard the learned counsel for the parties.
The present application is filed for impleadment/substitution of the name of Dr. Narendranath S, the present Director of NERIST, Nirjuli, Arunachal Pradesh as party respondent No. 5 in the cause title of the connected contempt petition being Cont.Cas(C)/1(AP)/2019 in place of respondent No. 2.
It is the case of the petitioner that the respondent No. 2 Shri H. S. Yadav, the then Director, NERIST, Nirjuli, Arunachal Pradesh has in the meantime retired from service and after his retirement, a notice intimating the non-compliance and seeking compliance of the judgment and order dated 09.12.2015 passed in WP(C) No. 470(AP)/2011, was issued to Dr. Narendranath S, the present Director of NERIST, Nirjuli, Arunachal Pradesh, by the petitioner on 04.09.2023. However, it is submitted that even after receipt of such notice, no action has been taken for compliance.
Perused the pleadings as well as the notice dated 04.09.2023.
After perusal of the same, this Court is of the view that the present Director of NERIST, Nirjuli, Arunachal Pradesh namely Dr. Narendranath S, is required to be impleaded as party respondent No. 5.
Registry to correct the cause tile of the connected Cont.Cas(C)/1(AP)/2019 by
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impleading the name of Dr. Narendranath S, as party respondent No. 5 and list the Contempt Petition after necessary correction as indicated hereinabove.
I.A. stands closed.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether Dr. Narendranath S, the present Director of NERIST, needs to be impleaded as party respondent No. 5 in the connected contempt petition.
Whether the petitioner's request for impleadment/substitution of the present Director as a respondent should be allowed.
Pradip Kumar Modak
Shri D. K. Paliwal
Dr. Narendranath S
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
