ASHOK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted. Arguments heard.

(2.) After hearing learned counsel for the parties at quite some length, we are satisfied that this appeal must succeed. Without expressing any opinion on the merits, we are inclined to the view that in the facts and circumstances of this particular case, the central Administrative tribunal was in error in embarking upon an adjudication of the questions involved without impleading the persons affected. It cannot be doubted that the appellants are vitally affected as they in consequence of the impugned order passed by the tribunal have actually been reverted. We therefore set aside the finding of the tribunal that the proceedings were not bad for non joinder of necessary parties.

(3.) In the circumstances of the case and the nature of the adverse consequence visiting the appellants as a result of the impugned decision, it was necessary to afford the appellants an opportunity of a hearing. The proper course for the tribunal to have adopted in a case like the present was the one suggested by the court in PRABODH VERMA and ORS. V. STATE OF UTTAR PRADESH and ors. (1985) 1 S. C. R 216) where the desirability of impleading, where the number of persons affected was too large, at least some of them, as party respondents, in a representative capacity, taking recourse to Order I, r. 8 of the Code of Civil Procedure, 1908. In the premises, we are constrained to remit the matter to the tribunal for a decision afresh.