W.P.(C)/5341/2007 of U.N.SAXENA Vs UOI & ORS.
Parties
- U.N.SAXENA (PETITIONER)
- UOI & ORS (RESPONDENT)
Cites (1 resolved of 4 detected)
Full text
solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus
IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 5341/2007
U.N.SAXENA .....Petitioner Through: Ms. Meenu Mainee and Mr. Sahil Chopra, Advs. Through: Ms. Meenu Mainee and Mr. Sahil Chopra, Advs.
versus
UOI & ORS.
....Respondents
Through: Mr. Sushil Raaja, Sr. PC for UOI
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKARHON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT (ORAL) 14.11.2024
C. HARI SHANKAR, J.
1.Without going into the merits of the impugned order, we are of the opinion that OA 1887/2005, filed by the petitioner before the Central Administrative Tribunal[1] was itself liable to be dismissed on the ground of non-joinder of affected parties as the challenge in the OA was to the promotion of S.C. Sharma and Lakhan Lal Gupta as Chief Pharmacist-I and Chief Pharmacist-II in the North Central Railway and neither of them have been impleaded as parties.
2.For the proposition that persons whose promotion are under challenge have necessarily to be impleaded as parties, one may refer
1 “the Tribunal”, hereinafter
Signature Not Verified
to All India SC & ST Employees Association v A. Arthur Jeen[2], Prabodh Verma v State of UP[3]and A.M.S. Sushanth v M. Sujatha[4].
3.For reasons other than those mentioned in the impugned judgment, therefore, we find that the OA was liable to be dismissed on the ground of non-joinder of necessary parties.
4.At this distance of time, this defect cannot be remedied.
5.Accordingly, we do not propose to interfere in this writ petition which is also, therefore, dismissed.
C. HARI SHANKAR, J.
NOVEMBER 14, 2024/aky
TUSHAR RAO GEDELA, J.
Click here to check corrigendum, if any
4 (2000) 10 SCC 197
Signature Not Verified