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J. Jose Dhanapaul v. S. Thomas

J. Jose Dhanapaul v. S. Thomas

(Supreme Court Of India)

Civil Appeal No. 3610 Of 1996 [Special Leave Petition (Civil) No. 14103 Of 1993] | 16-02-1996

K. Ramaswamy and G.B. Pattanaik, JJ.

1. 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.

Advocate List
  • FOR
Bench
  • HON'BLE MR. JUSTICE K. RAMASWAMY
  • HON'BLE MR. JUSTICE G.B. PATTANAIK
Eq Citations
  • [1996] 2 SCR 757
  • 1996 (2) SCT 512 (SC)
  • (1996) 3 SCC 587
  • 1996 (73) FLR 1297
  • (1996) 3 UPLBEC 1685
  • JT 1996 (3) SC 197
  • 1996 (2) SCALE 73
  • (1996) 2 LLJ 646
  • 1996 (1) LLN 456
  • 1996 (2) SLR 65
  • LQ/SC/1996/415
Head Note

Constitution of India — Arts. 136 and 226 — Maintainability — Non-joinder of necessary party — Effect — Appellant not a party to impugned order of Tribunal annulling appointment of appellant — Held, Tribunal committed grave error of law in upsetting appointment of appellant when he was not made a party — Impugned order set aside as regards appellant — Administrative Law — Estoppel — Estoppel by laches