Ashok Kumar & Ors. Vs. Union of India & Ors.
EmailAppeal: Civil Appeals Nos. of 1987.
(In SLP 6255 – 57/87)
(In SLP 6255 – 57/87)
Petitioner: Ashok Kumar & Ors.
Respondent: Union of India & Ors.
Apeal: Civil Appeals Nos. of 1987.
(In SLP 6255 – 57/87)
(In SLP 6255 – 57/87)
Judges: A.P. SEN, B.C.RAY & M.N. VENKATACHALIAH,JJ.
Date of Judgment: Oct 05, 1987
Head Note:
PRACTICE AND PROCEDURE
Code of Civil Procedure, 1908; O.1, R.8 – Non-joinder of parties – Proceedings before the Tribunal without impleading affected persons set aside – Tribunal to dispose of the matter afresh after giving an opportunity of hearing to all the parties concerned.
Cases Reffered:
1. Prabodh Verma & Ors. v. State of Uttar Pradesh & Ors. 1985 (1) SCR 216.
JUDGEMENT:
O R D E R
1. Special leave granted. Arguments heard.
2. After hearing learned counsel for the parties at quite some length, we are satisfied that this appeal must succeed. Without expressing any opinion on the merits, we are inclined to the view that in the facts and circumstances of this particular case, the Central Administrative Tribunal was in error in embarking upon an adjudication of the questions involved without impleading the persons affected. It cannot be doubted that the appellants are vitally affected as they in consequence of the impugned order passed by the Tribunal have actually been reverted. We therefore set aside the finding of the Tribunal that the proceedings were not bad for non-joinder of necessary parties.
3. In the circumstances of the case and the nature of the adverse consequence visiting the appellants as a result of the impugned decision, it was necessary to afford the appellants an opportunity of a hearing. The proper course for the Tribunal to have adopted in a case like the present was the one suggested by the Court in PRABODH VERMA & ORS. V. STATE OF UTTAR PRADESH & ORS. (1985 (1) SCR 216) where the desirability of impleading, where the number of persons affected was too large, at least some of them, as party-respondents, in a representative capacity, taking recourse to Order I, r.8 of the Code of Civil Procedure, 1908. In the premises, we are constrained to remit the matter to the Tribunal for a decision afresh.
4. Accordingly, the appeals succeed and are allowed. The judgment and order passed by the Central Administrative Tribunal, Jodhpur, are set aside and the matter is remitted back to the Tribunal to hear and determine the Transferred Case afresh after giving an opportunity of hearing to all the parties concerned. The Tribunal shall dispose of the matter as expeditiously as possible; and in any event, not later than six months from the date of receipt by it of this order. There shall be no order as to costs.
Appeals Allowed.
1. Special leave granted. Arguments heard.
2. After hearing learned counsel for the parties at quite some length, we are satisfied that this appeal must succeed. Without expressing any opinion on the merits, we are inclined to the view that in the facts and circumstances of this particular case, the Central Administrative Tribunal was in error in embarking upon an adjudication of the questions involved without impleading the persons affected. It cannot be doubted that the appellants are vitally affected as they in consequence of the impugned order passed by the Tribunal have actually been reverted. We therefore set aside the finding of the Tribunal that the proceedings were not bad for non-joinder of necessary parties.
3. In the circumstances of the case and the nature of the adverse consequence visiting the appellants as a result of the impugned decision, it was necessary to afford the appellants an opportunity of a hearing. The proper course for the Tribunal to have adopted in a case like the present was the one suggested by the Court in PRABODH VERMA & ORS. V. STATE OF UTTAR PRADESH & ORS. (1985 (1) SCR 216) where the desirability of impleading, where the number of persons affected was too large, at least some of them, as party-respondents, in a representative capacity, taking recourse to Order I, r.8 of the Code of Civil Procedure, 1908. In the premises, we are constrained to remit the matter to the Tribunal for a decision afresh.
4. Accordingly, the appeals succeed and are allowed. The judgment and order passed by the Central Administrative Tribunal, Jodhpur, are set aside and the matter is remitted back to the Tribunal to hear and determine the Transferred Case afresh after giving an opportunity of hearing to all the parties concerned. The Tribunal shall dispose of the matter as expeditiously as possible; and in any event, not later than six months from the date of receipt by it of this order. There shall be no order as to costs.
Appeals Allowed.
