Go- 2148X Sri Vinay Kumar Singh vs The Union Of India And 4 Ors
2024 Latest Caselaw 5108 Gua

Gauhati High Court

Go- 2148X Sri Vinay Kumar Singh vs The Union Of India And 4 Ors on 24 July, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                Page No.# 1/4

GAHC010081032024




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/2354/2024

         GO- 2148X SRI VINAY KUMAR SINGH
         S/O- LATE HARIHAR BAHADUR SINGH, SUPERINTENDING ENGINEER
         (CIVIL) AND PRESENTLY POSTED AT HQ ADGBR (EAST), JALUKBARI,
         LANKESWAR, GUWAHATI, ASSAM, PIN- 781014.



         VERSUS

         THE UNION OF INDIA AND 4 ORS
         REPRESENTED BY THE DEFENCE SECRETARY, MINISTRY OF DEFENCE,
         101-A, SOUTH BLOCK, NEW DELHI-110001.

         2:JOINT SECRETARY (BORDER ROADS)

          MINISTRY OF DEFENCE (EARLIER DESIGNATED AS SECRETARY (BRDB)
          ROOM NO. 418
          B-WING
          4TH FLOOR
          SENA BHAWAN
          NEW DELHI-110010.

         3:DIRECTOR GENERAL

          BORDER ROADS ORGANIZATION
          SEEMA SADAK BHAWAN
          RING ROAD
          DELHI CANTT.
          NEW DELHI-110010.

         4:ADDITIONAL DIRECTOR GENERAL (EAST)

          BORDER ROADS ORGANIZATION HQ ADGBR (EAST)
          JALUKBARI
                                                                  Page No.# 2/4

             LANKESWAR
             GUWAHATI
             ASSAM
             PIN- 781014.

            5:UNION PUBLIC SERVICE COMMISSION (UPSC)
             REPRESENTED BY ITS SECRETARY
             DHOLPUR HOUSE
             SHAHJAHAN ROAD
             NEW DELHI-110069

Advocate for the Petitioner   : MR. D BORAH

Advocate for the Respondent : DY.S.G.I.




             Linked Case : I.A.(Civil)/2193/2024

            THE UNION OF INDIA AND 4 ORS
            REPRESENTED BY THE DEFENCE SECRETARY
            MINISTRY OF DEFENCE
            101-A
            SOUTH BLOCK
            NEW DELHI-110001.

            2: JOINT SECRETARY (BORDER ROADS)

            MINISTRY OF DEFENCE (EARLIER DESIGNATED AS SECRETARY (BRDB)
            ROOM NO. 418
            B-WING
            4TH FLOOR
            SENA BHAWAN
            NEW DELHI-110010.

             3: DIRECTOR GENERAL

            BORDER ROADS ORGANIZATION
            SEEMA SADAK BHAWAN
            RING ROAD
            DELHI CANTT.
            NEW DELHI-110010.

             4: ADDITIONAL DIRECTOR GENERAL (EAST)
                                                                          Page No.# 3/4

            BORDER ROADS ORGANIZATION HQ ADGBR (EAST)
            JALUKBARI
            LANKESWAR
            GUWAHATI
            ASSAM
            PIN- 781014.
            VERSUS

            GO- 2148X SRI VINAY KUMAR SINGH
            S/O- LATE HARIHAR BAHADUR SINGH
            SUPERINTENDING ENGINEER (CIVIL) AND PRESENTLY POSTED AT HQ
            ADGBR (EAST)
            JALUKBARI
            LANKESWAR
            GUWAHATI
            ASSAM
            PIN- 781014.


            ------------
            Advocate for : SANJAY KUMAR MEDHI
            Advocate for : MR D BARUAH appearing for GO- 2148X SRI VINAY KUMAR
            SINGH



                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                       ORDER

24.07.2024

Heard Shri D. Borah, learned counsel for the petitioner, who submits that the matter would be covered by the case of the Hon'ble Supreme Court of Union of India vs. K.V. Janakiraman [AIR 1991 SC 2010] as well as the judgment passed in the case of Union of India vs. Anil Kumar Sarkar [2013 4 SCC 161].

Shri S.K. Medhi, the learned C.G.C, however, disputed the aforesaid proposition.

By drawing the attention of this Court to the I.A. /2193/2024, the learned Page No.# 4/4

C.G.C. has submitted that the additional documents sought to be brought on record would have a material bearing in the decision making process. He has also refuted the submissions that the I.A. has been filed only to delay the proceedings.

In the considered opinion of this Court, instead of filing the I.A., the respondent authorities are required to file an additional affidavit to bring on records the said documents.

Leave is granted to file such additional affidavit which however is to be done expeditiously and in any event within a period of 10 days from today.

List this matter on 12.08.2024.

JUDGE

Comparing Assistant