Full Judgment Text
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PETITIONER:
J. JOSE DHANAPAUL.
Vs.
RESPONDENT:
S. THOMAS & ORS.
DATE OF JUDGMENT: 16/02/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCC (3) 587 JT 1996 (3) 197
1996 SCALE (2)SP73
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard learned counsel on both sides.
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.
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.
The appeal is accordingly allowed. No costs.