IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10645 of 2011
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Bharat Sanchar Nigam Limited & Ors
…. …. Petitioner/s
Versus
The Union Of India & Ors
…. …. Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kr. Mishra, Advocate
For Union of India : Mr Gopesh Kumar, CGC
For Pvt. Respondent : Mr Amar Nath Jha, Advocate
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2 30-09-2011 We were inclined to issue notice to the respondent no.3,
the applicant before the Tribunal but it appears that Mr Amar Nath
Jha, Advocate has entered appearance. In that view of the matter,
let a copy of the writ petition along with annexures be served on
Mr Jha by 13th October, 2011 failing which this writ petition shall
stand rejected without further reference to a Bench.
Learned counsel for the Union of India has received
instructions and submits that the Union of India, respondent no.1
and respondent no.2, the Member (Services) Telecommunication
Commission should be deleted from the list of respondents
because it is a matter between the petitioners and their employee,
respondent no.3. Learned counsel for the petitioners does not
oppose the aforesaid prayer but submits that respondents no.1 and
2 have been impleaded because they were made parties in the
original application preferred by respondent no.3.
Patna High Court CWJC No.10645 of 2011 (2) dt.30-09-2011
2
In the facts and circumstances of the case, in our view,
there is no requirement to implead respondents no.1 and 2 as they
have no role to play in the issue relating to service of respondent
no.3 vis-à-vis petitioners. Hence, respondents no.1 and 2 are
deleted from the list of respondents. Respondent no.3 shall be
treated to be the sole respondent. The cause title may be corrected
accordingly.
As prayed on behalf of respondent, put up after four
weeks. The case shall retain its position in the list.
Contempt proceeding, if any, arising out of this matter
shall remain stayed.
(Shiva Kirti Singh, J)
(Shivaji Pandey, J)
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