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1996 Supreme(SC) 404
1996(2) SUPREME 515
SUPREME COURT OF INDIA
K. Ramaswamy and G.B. Pattanaik, JJ.
J. Jose Dhanapaul -Appellant
versus
S. Thomas & Ors. -Respondents
Civil Appeal No. 3610 of 1996
(Arising out of SLP (C) No. 14103 of 1993)
Decided on 16-2-1996
IMPORTANT POINT
The Administrative Tribunal has committed grave error of law in upsetting the appointment of appellant in OA No. 2192/92 when he was not made a party. The impugned order dt. 15.6.93 is liable to be set aside as regards the appellant.
Headnote:Constitution of India-Art. 136-Appeal by special leave-T.N. Administrative Tribunal annulled the appointment of appellant, without being impleaded as a party in OA No. 2192/92-Whether correct ? (No)-The impugned order is set aside as regards the appellant. (Para 4)
ORDER
Leave granted.
2. We have heard learned counsel on both sides.
3. It appears that the appointment of the first respondent was annulled by the proceedings dated December 1, 1995 in R.C. No. 727/93. Consequently, Shri Nagaraja, learned counsel for the first respondent states that his client has lost interest in this matter since a fresh cause of action has arisen. He is not contesting the matter in this case since it would be open to his client to take such action as is warranted under law.
4. It is not in dispute that the appellant was not a party to the impugned order dated June 15, 1993 made in O.A. No. 2199/92 by the Tamil Nadu Administrative Tribunal at Madras. Without being impleaded as a party, appointment of Thomas was annulled by the impugned order. The Tribunal, therefore, has committed grave error of law in upsetting his appointment when he was not made a party. The impugned order is set aside as regards the appellant.
5. The appeal is accordingly allowed. No costs.
Appeal allowed accordingly.
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