High Court Patna High Court - Orders

Krishna Deo Prasad vs The Union Of India & Ors on 28 June, 2011

Patna High Court – Orders
Krishna Deo Prasad vs The Union Of India & Ors on 28 June, 2011
                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                                                CWJC No.9960 of 2011
                        Krishna Deo Prasad son of Sri Deonandan Prasad, resident of village Karai
 Parsurai, PS Karai Parsurai, District Nalanda, at present posted as Junior Engineer, P. Way Thana
Bihpur (T.H.B) Sonpur Division, E.C.R Hajipur District Vaishali               .........      .....Petitioner
                                                           Versus
                 1. The Union of India through the General Manager, East Central Railway,
                     District Vaishali ( Bihar)
                 2. The General Manager (Personnel), East Central Railway, District Vaishali
                     ( Bihar)
                 3. The General Manager (Vigilance), East Central Railway, District Vaishali
                     ( Bihar)
                 4. The Principal Chief Engineer, East Central Railway, District Vaishali
                     ( Bihar)
                 5. Shambhu Kumar son of Sri K. N. Prasad, Chief Vigilance Inspector
                     (Engineering), East Central Railway Hajipur, District Vaishali (Bihar)
                                                                     ........           .....Respondents
                                                        -----------

2 28-06-2011 Heard Mr. S. P. Mukherjee, learned Senior

counsel for the petitioner and Mr. Sidharath Prasad,

learned counsel for the railway.

The petitioner was not a party to the

proceeding before the Central Administrative Tribunal

bearing O.A. No. 777/2010. He has preferred this writ

petition on the ground that the applicant before the

Tribunal ought to have made the petitioner a party and

the Tribunal should have decided the matter after hearing

the petitioner because he is adversely affected by the

impugned order dated 23-11-2010. A perusal of the

impugned order shows that it is an interim order and the

Tribunal has fixed a date for completion of pleadings.

The office has objected to the maintainability
2

of this writ petition on the ground that the petitioner was

not a party before the Tribunal. It has rightly been

submitted that even a person who was not a party before

the Tribunal may maintain the writ petition if the order

of the Tribunal affects him adversely. However, in the

facts of the case, we are of the view that interest of

justice will be fully protected if petitioner is granted

liberty to move before the Tribunal for being impleaded

as a respondent and he may also seek review of the

impugned order if he can show to the Tribunal that he is

adversely affected by the order and was required to be

heard before passing of the order.

The writ petition is, accordingly, disposed of

with the liberty aforesaid.

It is expected that if the petitioner files an

application by way of review and for impleadment, the

same should be considered expeditiously on its own

merits.



                               (Shiva Kirti Singh, J.)


BKS/-                             (V. Nath, J.)