SHRI MARSUPU AO AND 18 ORS v. SHRI V. KEZO AND 2 ORS
Court: Gauhati High Court
Bench: HON'BLE MR. JUSTICE MANISH CHOUDHURY
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-09-27. SHRI MARSUPU AO AND 18 ORS v. SHRI V. KEZO AND 2 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/6 GAHC020005982024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I. A. (Civil)/158/2024 SHRI MARSUPU AO AND 18 ORS CHOWKIDAR, MAREPKONG SUB - CENTRE,ESTABLISHMENT OF CMO, MOKOKCHUNG, N/L VERSUS SHRI V. KEZO AND 2 ORS THE COMMISSIONER AND SECRETARY HEALTH AND FAMILY WELFARE NAGALAND KOHIMA Advocate for the Petitioner : TONGPOK PONGENER, Advocate for the Respondent : , Linked Case : COP(C)/17/2024 SHRI MARSUPU AO AND 18 ORS CHOWKIDAR MAREPKONG SUB - CENTRE ESTABLISHMENT OF CMO MOKOKCHUNG N/L 2: SMTI BENDANGMONGLA AO CHOWKIDAR AONGZA SUB-CENTRE Page No. # 2/6 ESTABLISHMENT OF CMO N/L 3: SHRI TEMSUWATI MEDICAL ATTENDANT MAREPKONG SUB-CENTRE ESTABLISHMENT OF CMO MOKOKCHUNG N/L 4: SMTI.
TEMSUMONGLA MEDICAL ATTENDANT MOALENDEN SUB-CENTRE UNDER ESTABLISHMENT OF CMO MOKOKCHUNG N/L 5: SHRI CHUNGPONGNUNGDEN AO DRESSER TULI CHC ESTABLISHMENT OF CMO MOKOKCHUNG N/L 6: SHRI IMTITOSHI NIGHT CHOWKIDAR UNDER THE ESTABLISHMENT OF CMO MOKOKCHUNG N/L 7: SHRI IMKONGSUNUP MEDICAL ATTENDANT LONGCHEM PHC ESTABLISHMENT OF CMO MOKOKCHUNG N/L 8: SMTI LIMASANGLA AO MEDICAL ATTENDANT UNGMA PHC ESTABLISHMENT OF CMO MOKOKCHUNG N/L 9: SHRI IMLIYANGER CHOWKIDAR Page No. # 3/6 ALONGKIMA PHC ESTABLISHMENT OF CMO MOKOKCHUNG N/L 10: SHRI TOSHISANGLA AO MEDICAL ATTENDANT TSURANGKONG PHC ESTABLISHMENT OF CMO MOKOKCHUNG N/L 11: SMTI. MARKENMENLA MEDICAL ATTENDANT DISTRICT MEDICAL ATTENDANT TUBERCULOSIS CENTRE MOKOKCHUNG N/L 12) SAKUPOKLA AO 12: SMTI. SAKUPOKLA AO CHOWKIDAR KUMLONG SUB-CENTRE ESTABLISHMENT OF CMO MOKOKCHUNG N/L 13: SHRI TSUKNUNGMEREN AO LABORATORY ATTENDANT UNGMA PHC ESTABLISHMENT OF CMO MOKOKCHUNG N/L 14: SMTI.
TSUKTILA AO MEDICAL ATTENDANT MAREPKONG SUB-CENTRE ESTABLISHMENT OF CMO MOKOKCHUNG N/L 15: SMTI. M ASUNGLA AO PEON DIO MAREPKONG SUB-CENTRE ESTABLISHMENT OF CMO Page No. # 4/6 N/L 16: SMTI. TEMJENJONGLA AO PEON ESTABLISHMENT OF CMO MOKOKCHUNG N/L 17: SMTI. MOARENLA AO SWEEPER ATTACHED CMS ESTABLISHMENT OF CMO MOKOKCHUNG N/L 18: SMTI. RISHILEMLA AO MEDICAL ATTENDANT MANGKOLEMBA CHC ESTABLISHMENT OF CMO MOKOKCHUNG N/L 19: SMTI. YASHINARO AO LABORATORY ATTENDANT MERANGKONG DISPENSARY ESTABLISHMENT OF CMO MOKOKCHUNG N/L VERSUS SHRI V. KEZO AND 2 ORS THE COMMISSIONER AND SECRETARY HEALTH AND FAMILY WELFARE NAGALAND KOHIMA 2:SHRI DR. E. MOTSUTHUNG PATTON THE PRINCIPAL DIRECTOR HEALTH AND FAMILY WELFARE NAGALAND KOHIMA 3:SHRI DR. KIBANGKUMBA THE CHIEF MEDICAL OFFICER (CMO) MOKOKCHUNG NAGALAND ------------ Advocate for : TONGPOK PONGENER Advocate for : appearing for SHRI V. KEZO AND 2 ORS Page No. # 5/6 BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY O R D E R 27. 09. 2024 Heard Ms.
Asenla, learned counsel for the applicants. The instant Interlocutory Application, under Order 1 Rule 10(2) of the Code of Criminal Procedure, 1973 is preferred seeking impleadment of ‘Shri Anoop Khinchi, IAS, Commissioner & Secretary to the Government of Nagaland, Health & Family Welfare Department, Nagaland, Kohima’ as party respondent no. 4 in the accompanying Contempt Petition, COP(C)/17/2014. The accompanying Contempt Petition, COP(C)/17/2014 has been preferred by the applicants as contempt petitioners alleging non-compliance of the direction made in a Judgment and Order dated 22. 11. 2023, passed in WA/14/2019. It has been averred that during the pendency of the COP(C)/17/2014, the respondent no.
1 arrayed therein, retired from service from the post of Commissioner & Secretary to the Government of Nagaland, Health & Family Welfare Department in August, 2024 and Shri Anoop Khinchi, IAS is presently serving as Commissioner & Secretary to the Government of Nagaland, Health & Family Welfare Department, Nagaland. With the aforesaid projection, it has been averred that the presence of Shri Anoop Khinchi, IAS, Commissioner & Secretary to the Government of Nagaland, Page No. # 6/6 Health & Family Welfare Department is necessary for adjudication of the accompanying Contempt Petition, COP(C)/17/2014. Having regard to the aforesaid projections and the averments made in this Interlocutory Application, the Court is of the considered view that ‘Shri Anoop Khinchi, IAS, Commissioner & Secretary to the Government of Nagaland, Health & Family Welfare Department, Nagaland, Kohima’ appears to be a necessary party for adjudication of the accompanying Contempt Petition, COP(C)/17/2014.
Accordingly, this instant Interlocutory Application stands allowed. The learned counsel for the applicants/contempt petitioners is to file an amended cause-title in the accompanying Contempt Petition within 2 (two) working days from today. The Registry to make necessary correction in the cause-title accordingly after a week. JUDGE Comparing Assistant
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