Mr. Justice Sunil Kumar Garg, President—This appeal has been filed by the complainant appellant against the order dated 5.6.2003 passed by the District Forum, Dholpur in Complaint Case No. 5.6.2003 by which the complaint of the appellant was dismissed by the District Forum, Dholpur.

2. It may be stated here that the appellant had filed a complaint before the District Forum, Dholpur inter alia stating that he had filed the complaint against XEN and AEN of PHED without making mention through Collector or Government etc. The main case of the complainant was that since he was a consumer of the respondents department but there was so many deficiencies in supplying water to the complainant.

3. A reply was filed by the respondents that water was being supplied properly.

4. After hearing both the parties the District Forum dismissed the complaint inter alia holding that the complainant has failed to prove the fact that dirty water has been supplied by the respondents and further jaundice disease was the direct result of the adulterated water. Aggrieved from that order this appeal has been filed.

5. In this appeal a preliminary objection has been taken by the learned Counsel for the respondent that the complaint of the complainant was not itself maintainable as it was filed against XEN and AEN without impleading the State Government.

6. There is no dispute on the point that the complainant had not impleaded the State of Rajasthan as opposite party and he has filed the complaint against XEN and AEN of PHED.

7. This Commission in Appeal No. 671/93 decided on 29.5.1995, XEN, PHED and Another v. Sahebram, has taken a view in the following manner:

“The complainant did not implead the State of Rajasthan in Public Health Engineering Department as opposite party in the complaint. He filed the complaint against the Executive Engineer and Assistant Engineer, P.H.E.D. of Suratgarh who are only officers of the State Government and posted in its Public Health Engineering Department at Suratgarh. No complaint of this nature can be filed against officers of the State Government by their designation. The complaint should have been filed against the State of Rajasthan Public Health Engineering Department.”

Placing reliance on the law laid down by this Commission, the present complaint of the appellant was not maintainable and, therefore, it should have been dismissed on that ground alone.

8. For reasons mentioned above, the appeal deserves to be dismissed and the same is dismissed. However, since the complainant has raised a main issue regarding supply of clean and pure water, therefore, respondents are directed that they should supply clean water as well as proper water to the appellant as also to other consumers of the locality.

Appeal dismissed.

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