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2025 DAILYLAW 6532 (GAU)

SAILENDRA KUMAR DEURI v. THE UNION OF INDIA AND ORS

I.A.(Civil)/176/2025 · 2025-03-18

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010201322024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/176/2025 SAILENDRA KUMAR DEURI REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN NEW DELHI-110011. VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN NEW DELHI-110011. 2:THE CHAIRMAN EXECUTIVE COUNCIL LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH REPRESENTED BY THE SECRETARY HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA NIRMAN BHAVAN NEW DELHI-110011. 3:LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR DIST. SONITPUR ASSAM PIN- 784001. 4:THE GOVERNMENT OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM Page No.# 2/6 ASSAM SECRETARIAT DISPUR GUWAHATI-781006. 5:THE SECRETARY DEPARTMENT OF DONER VIGYAN BHAWAN ANNEXE MAULANA AZAD ROAD NEW DELHI-110011. 6:THE UNDER SECRETARY TO MOHFW GOVT OF INDIA NIRMAN BHAWAN NEW DELHI-110011. 7:THE DEPUTY DIRECTOR LGBRIMH TEZPUR ASSAM PIN- 784001. ------------ Advocate for : MR. K N CHOUDHURY Advocate for : SC C.G.C. appearing for THE UNION OF INDIA AND ORS Linked Case : WP(C)/3769/2024 SAILENDRA KUMAR DEURI R/O- KALIBARI TEZPUR ASSAM PIN- 784001 PRESENTLY SERVING AS DIRECTOR OF LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR ASSAM PIN- 784001. VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA Page No.# 3/6 MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN NEW DELHI-110011. 2:THE CHAIRMAN EXECUTIVE COUNCIL LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH REPRESENTED BY THE SECRETARY HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA NIRMAN BHAVAN NEW DELHI-110011. 3:LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR DIST. SONITPUR ASSAM PIN- 784001. 4:THE GOVERNMENT OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI-781006. 5:THE SECRETARY DEPARTMENT OF DONER VIGYAN BHAWAN ANNEXE MAULANA AZAD ROAD NEW DELHI-110011. 6:THE UNDER SECRETARY TO MOHFW GOVT OF INDIA NIRMAN BHAWAN NEW DELHI-110011. 7:THE DEPUTY DIRECTOR LGBRIMH TEZPUR ASSAM PIN- 784001. 8:DR DHRUBA JYOTI CHETIA Page No.# 4/6 S/O- SRI CHTRADHAR CHETIA R/O-QTR NO. TYPE VI/A1 LOKOPRIYA GOPINATH BORDOLOI REGIONL INSTITUTE OF MENTAL HEALTH KALIBARI TEZPUR P.O. AND P.S.- TEZPUR DIST. - SONITPUR ASSAM PIN-784001. ------------ Advocate for : MR. K N CHOUDHURY Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS Linked Case No. : WP(C)/5054/2024 DR SAILENDRA KUMAR DEURI R/O- KALIBARI, TEZPUR, ASSAM, 784001 PRESENTLY SERVING AS DIRECTOR PROFESSOR OF LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH, TEZPUR, ASSAM, PIN- 784001 VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI- 110011 2:THE CHAIRMAN EXECUTIVE COUNCIL LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH REPRESENTED BY THE SECRETARY HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA NIRMAN BHAVAN NEW DELHI- 110011 3:THE UNDER SECRETARY TO MOH AND FW GOVT. OF INDIA NIRMAAN BHAWAN NEW DELHI- 110011 4:THE LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR DISTRICT- SONITPUR ASSAM PIN- 784001 REPRESENTED BY ITS DEPUTY DIRECTOR 5:DR. JYOTI HAZARIKA Page No.# 5/6 PROF AND HOD DEPARTMENT OF MICROBIOLOGY AND MEDICAL SUPERINTENDENT THE LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR DISTRICT- SONITPUR ASSAM PIN- 78400 Advocate for the Petitioner : MR. K N CHOUDHURY, MISS. R R KAKATI Advocate for the Respondent : GA, ASSAM, MR. K GOGOI (CGC),DY.S.G.I.,SC, L G B R I M H BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 19.03.2025 Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Ms. R. Kakoti, learned counsel for the applicant. Also heard Mr. K. Gogoi, learned counsel for the respondent Nos. 1, 5 & 6, Mr. R. Dhar, learned Addl. Senior Government Advocate for the respondent No. 4 and Mr. K.K. Phukan, learned counsel for the respondent No. 8. This Interlocutory Application has been filed for continuation of the interim order dated 30.07.2024 passed in the instant writ petition, i.e. WP(C) No. 3769/2024, which was not continued in the last two orders. A perusal of the Order dated 26.09.2024, wherein after hearing this matter and since the hearing could not be concluded, the matter was fixed on 27.09.2024 for further hearing. Page No.# 6/6 It further appears that in the said order, interim order passed earlier was directed to continue till the next date of listing. It further appears that thereafter, the matter was listed on 01.10.2024. However, there is no mention of continuing the interim order passed earlier. It further appears that the matter when came on 03.10.2024, on which date the parties have submitted written synopsis and on that date also, there was no order for continuation of the interim order. It appears that due to oversight, the interim order passed earlier was not continued by the last two orders. It appears that the writ petition was part-heard. It appears that in the writ petition, written arguments have also been submitted by the parties. That being so, in the interest of justice, this Court allows this Interlocutory Application by directing that the interim order passed earlier shall continue till the next date of listing. Interlocutory Application accordingly stands disposed of. JUDGE Comparing Assistant