Chandana Koch v. P Ashok Babu Ias and 3 Ors

ORDER Date : 23.09.2024 Heard Mr. S.J. Sarmah, learned counsel for the applicant. By way of this application, the applicant is seeking impleadment of (1) Sri. P. Ashok Babu, IAS, the Commissioner & Secretary to the Govt. of Assam, Health and Family Welfare Department, (2) Sri Munindra Nath Ngatey, the Director of Health Services, Hengerabari, (3) Sri Devashish Sharma, the Deputy Commissioner, Dist: Morigaon, and (4) Dr. Arun Kumar Nath, the Joint Director of Health Services, Dist: Morigaon in I.A.(Civil) No. 3692/2023 and Cont.Cas(C) No. 475/2018. Mr. S.J. Sarmah, learned counsel for the applicant submits that the Cont.Cas(C) No. 475/2018 was closed by this Court on 03.08.2022 for non-appearance of the petitioner and as such, an I.A. being I.A.(Civil) No. 3692/2023 and a misc. case, i.e., MC No. 89/2023 was filed for review/restoring the contempt case alongwith a delay condonation application. He further submits that when the said I.A.(Civil) No. 3692/2023 was listed before this Court on 20.03.2024, in view of the fact that the present respondents are not holding the posts in questions, this Court allowed the prayer of the petitioner to file appropriate application for impleadment of necessary parties. He accordingly submits that situated thus, the present impleadment application has been filed. Page No.# 4/4 I have given my prudent consideration to the submissions made by the learned counsel for the applicant and have perused the materials available on record. It appears that in view of the change of incumbents to the subject posts, the present application has been filed to bring on the new incumbents to the subject posts on record as arrayed respondents. Accordingly, the application is allowed by directing impleadment of (1) Sri. P. Ashok Babu, IAS, the Commissioner & Secretary to the Govt. of Assam, Health and Family Welfare Department, (2) Sri Munindra Nath Ngatey, the Director of Health Services, Hengerabari, (3) Sri Devashish Sharma, the Deputy Commissioner, Dist: Morigaon, and (4) Dr. Arun Kumar Nath, the Joint Director of Health Services, Dist: Morigaon as party respondents in I.A.(Civil) No. 3692/2023 as well as in Cont.Cas(C) No. 475/2018. Let the amended cause title be furnished in I.A.(Civil) No. 3692/2023 and Cont.Cas(C) No. 475/2018. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010151582024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2356/2024o CHANDANAoKOCHo D/O-oLATEoDHIRENoCHoKOCH,oR/O-oSANKARDEVoNAGAR,oWARDoNO.o9,o P.Oo/P.S-oMORIGAON,oDIST-oMORIGAON,oASSAM VERSUSo PoASHOKoBABUoIASoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oDEPTT.oOFo HOMEoAFFAIRS,oNEWoDELHI,oINDIA. 2:SRIoMUNINDRAoNATHoNGATEY oTHEoDIRECTORoOFoHEALTHoSERVICES oHENGRABARI oGUWAHATI-o36 3:SRIoDEVASHISHoSHARMA oTHEoDEPUTYoCOMMISSIONER oMORIGAONoDISTRICT 4:ARUNoKUMARoNATH oJOINToDIRECTORoORoHEALTHoSERVICES oMORIGAONoDISTRICT oASSAo AdvocateoforotheoPetitionerooooo:oMR.oPoBOIRAGI,oMR.oSoJoSARMAH,AoTALUKDAR,MRoGoGo GOGOI,MRS.oBoTALUKDARo AdvocateoforotheoRespondento:o,oo Page No.# 2/4 Linked Case : MC/89/2023 CHANDANA KOCH D/O- LATE DHIREN CH KOCH R/O- SANKARDEV NAGAR WARD NO. 9 P.O /P.S- MORIGAON DIST- MORIGAON ASSAM VERSUS SAMIR K. SINHA IAS AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA DEPTT. OF HOME AFFAIRS NEW DELHI INDIA. 2:D HOJAI THE DIRECTOR OF HEALTH SERVICES HENGRABARI GUWAHATI- 36 3:HEMEN DAS THE DEPUTY COMMISSIONER MORIGAON DISTRICT 4:UDYAN BORDOLOI JOINT DIRECTOR OR HEALTH SERVICES MORIGAON DISTRICT ASSAM ------------ Advocate for : MR. P BOIRAGI Advocate for : appearing for SAMIR K. SINHA IAS AND 3 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI