Judgment / Order

The matter comes up on an application (1/24) filed by Deedayal Gautam seeking his impleadment as respondent No.5 in the writ petition.

Learned counsel for the applicant submits that since, the petitioner has been placed under suspension on his complaint, which is subject matter of challenge in the writ petition and also for the reason that there are allegations against him in the memo of writ petition, he is a necessary party. He, therefore, prays that application be allowed and he be impleaded as respondent No.5.

Per contra, learned counsel for the petitioner submits that it is trite law that no third person including the complainant can be impleaded as a party respondent in a lis in between an individual and the State/Public functionaries. Qua the allegation levelled against applicant in the memo of writ petition, he, candidly submits that he would not press the same during the course of submissions. He, therefore, prays for dismissal of the application.

Heard. Considered.

It is trite law that in a lis in between an individual and official respondents, the stranger, even if the complainant, is neither necessary nor proper party.

The Hon’ble Apex Court of India has, in