MC(Cont(C))/7/2024 of DR. NILESH K. JAYBHAYE Vs DR. NALIN MEHTA AND 3 ORS. on 27 January 2025

1. Dr. Nalin Mehta,Director, North Eastern Indira GandhiRegional Institute of Health and MedicalSciences, (NEIGRIHMS).Mawdiangdiang, Shillong – 793018,District: East Khasi Hills, Meghalaya.Director, North Eastern Indira GandhiRegional Institute of Health and MedicalSciences, (NEIGRIHMS).Mawdiangdiang, Shillong – 793018,District: East Khasi Hills, Meghalaya.

2. Dr. (Mrs) Asima BhattacharyaDean and HOD, Anatomy DepartmentNorth Eastern Indira Gandhi RegionalInstitute of Health and Medical Sciences(NEIGRIHMS), Mawdiangdiang,Shillong – 793018,District: East Khasi Hills, Meghalaya.Dean and HOD, Anatomy DepartmentNorth Eastern Indira Gandhi RegionalInstitute of Health and Medical Sciences(NEIGRIHMS), Mawdiangdiang,Shillong – 793018,District: East Khasi Hills, Meghalaya.

3. Dr. A.J. PatowaryHOD, Department of Forensic Science/Post Graduate Exam Controller/HOD, Department of Forensic Science/Post Graduate Exam Controller/

Chairman of Ex-parte Committee,North Eastern Indira Gandhi RegionalInstitute of Health and Medical Sciences(NEIGRIHMS), Mawdiangdiang,Shillong – 793018, District: East Khasi Hills, Meghalaya.

4. Shri. Jiten SinghLaw Officer/RTI OfficerNorth Eastern Indira Gandhi RegionalInstitute of Health and Medical Sciences(NEIGRIHMS), Mawdiangdiang,Shillong – 793018.

District: East Khasi Hills, Meghalaya.

…..Opposite Parties

Coram:Hon’ble Mr. Justice W. Diengdoh, Judge Appearance:

For the Petitioner/Appellant(s)

:

Ms. A. Synrem, Adv.

For the Respondent(s)

: Dr. N. Mozika, DSGI withMs. K. Gurung, Adv.

i) Whether approved for reporting in Law journals etc.:

Yes/No

ii) in press:

Whether approved for publication

Yes/No

JUDGMENT AND ORDER (ORAL)

1. Heard Ms. A. Synrem, learned counsel for the applicant, who has submitted that the applicant being aggrieved by the judgment and order dated 18.06.2024 passed by this Court in Cont.Cas(C) No. 65 of 2022, hadapproached the Hon’ble Supreme Court with the prayer made therein.However, the Hon’ble Supreme Court, vide order dated 17.12.2024, copyof which is produced before this Court and marked as Annexure-X, had onconsideration of the matter, declined to interfere with the impugnedjudgment and order dated 18.06.2024. At para 3 of the same, the Hon’bleSupreme Court had set aside the direction issued by this Court at para 27 ofthe judgment and order aforementioned. It may be mentioned that at para27 of the said judgment and order dated 18.06.2024, this Court had directedthe applicant to make payment of cost of ₹ 20,000/- (Rupees twentythousand) in favour of the Shillong Bar Association.

2. The learned counsel for the applicant has also submitted that infact, the applicant is now exempted from payment of the said costirrespective of the fact that the said judgment and order dated 18.06.2024as a whole has not been interfered by the Hon’ble Supreme Court.

3. Dr. N. Mozika, learned DSGI assisted by Ms. K. Gurung,learned counsel on behalf of the respondents/contemnors has submitted thatin view of the order dated 17.12.2024 passed by the Hon’ble SupremeCourt, this matter may be disposed of at this stage.

4. Consequently, on consent by both parties, and in compliance ofthe order dated 17.12.2024 passed by the Hon’ble Supreme Court, thismatter is accordingly disposed of.

Judge