Dr. Bonoranjan Phukan v. The State of Assam and 4 Ors

ORDER

22.07.2024. Heard Shri SP Choudhury, learned counsel for the applicant/writ petitioner, who by means of this interlocutory application has sought for amendment of the connected writ petition. It is submitted that an appeal was preferred under the Assam Services (Discipline and Appeal) Rules, 1964 against the order of penalty dated 28.11.2022 and the said appeal has been dismissed on 03.04.2023. It is incorporation of the above facts that the connected documents which are being sought to be added to the writ petition in appropriate manner. Also heard Shri D Upamanyu, learned Standing Counsel, Health Department, Assam. Considering the facts and circumstances, this Court is of the opinion that by the amendment sought for, the nature and character of the writ petition would not change and rather, in the interest of justice, an order of amendment would be appropriate as otherwise, it may lead to multiplicity of proceedings. Accordingly, the interlocutory application is allowed and the amendment sought for incorporation of the paragraph, as indicated in the application, is allowed. The applicant/writ petition is accordingly directed to file consolidated writ petition Page No.# 3/3 within a period of 3 weeks from today. The interlocutory application accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010266022022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o I.A.(Civil)/1977/2024oin WP(C)/8447/2022 DR.oBONORANJANoPHUKAN S/O-oLATEoSONESWARoPHUKAN o R/O-oLANE-BoDEVELOPMENToAREA o NEARoDOORDARSHANoKENDRA o P.O.-oC.R.oBUILDING oP.S.-o oMILANoNAGAR oBARPATHAR o DISTRICT-oDIBRUGARH oPIN-o786003 o ASSAM. oVERSUS THEoSTATEoOFoASSAMoANDo4oORS. REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHEALTHoANDoFAMILYoWELFAREoDEPT. 2:SPECIALoSECRETARYoTOoTHEoGOVT.oOFoASSAM HEALTHoANDoFAMILYoWELFAREoDEPT. o3:COMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM MEDICALoEDUCATIONoANDoRESEARCHoDEPARTMENT. o4:DIRECTORoOFoMEDICALoEDUCATION oASSAM SIXoMILE oKHANAPARA Page No.# 2/3 GUWAHATI- 22. 5:INQUIRY OFFICER CUM JOINT SECRETARY TO THE GOVT. OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT. ------------ Advocate for : MR. S P CHOUDHURY Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI