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2025 DAILYLAW 11794 (GAU)

THE SECRETARY TO THE DEPARTMENT OF PERSONNEL v. SMTI DEEPIKA DADANI

I.A.(Civil)/1460/2025 · 2025-06-18

Suman Shyam

body2025

Judgment text

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Page No.# 1/3 GAHC010093802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1460/2025 THE SECRETARY TO THE DEPARTMENT OF PERSONNEL PERSONNEL A DEPARTMENT, ASSAM SECRETARIAT, BLOCK A, 3RD FLOOR, DISPUR, GUWAHATI VERSUS SMTI DEEPIKA DADANI C/O- BINEET DEY, H.NO-6, MILAN PATH, NEAR CIRCULAR PATH, RUKMINI NAGAR, ASSAM SACHIVALAYA, KAMRUP (M), ASSAM, PIN-781006 Advocate for the Petitioner : ADDL. SR. GA, ASSAM, Advocate for the Respondent : MR. S P SHARMA, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER 19.06.2025 Heard Mr. D. Mazumdar, learned Senior Additional Advocate General, Assam assisted by Ms. D. Devi, learned counsel appearing in this case for the applicant. I have also heard Mr. K. Choudhury, learned counsel appearing for the OP/writ petitioner. Page No.# 2/3 By order dated 03.04.2025 passed by this Court in the connected writ petition the respondents were granted time till 25.04.2025 to file additional affidavit by serving advance copy upon the counsel for the writ petitioner. The additional affidavit as permitted by this Court by order dated 03.04.2025 could ultimately be filed by the respondent No.2 only on 30.04.2025 which was exceeding the timeline indicated in the order dated 03.04.2025. As such, the present application has been filed seeking modification of the order dated 03.04.2025 with a prayer before this Court to accept the additional affidavit filed by the said State respondents. The opposite party has not filed any objection. However, by making oral submissions Mr. K. Choudhury, learned counsel for the OP/writ petitioner has opposed the prayer made in the I.A. by contending that there is neither any plausible explanations for the delay nor has the reason cited in the application got any reasonable nexus with the prayer made in the I.A. Mr. Mazumdar, on the other hand, submits that since the statements made in the I.A. would have an an important bearing in the outcome of the writ petition, the additional affidavit is required to be considered by the Court before arriving at a decision in the writ petition. Therefore, for ends of justice, the additional affidavit be taken on record. After hearing the submissions made at the Bar and after taking note of the statements made in the I.A., this Court is inclined to accept the prayer made in the I.A. As such, the additional affidavit filed by the respondent No.2 on 30.04.2025 is directed to be taken on record. The order dated 03.04.2025 is modified accordingly. Page No.# 3/3 It is needless to mention herein that the writ petitioner would be at liberty to file rejoinder in response to the additional affidavit filed by the respondent No.2, if so advised. I.A. stands disposed of. JUDGE Comparing Assistant