RAJ KISHORE SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

(2.) In the present case, the petitioner is challenging the order of punishment dated 28.11.2017 by which the petitioner has been awarded two punishments, namely, Censure second stoppage of three increment with cumulative effect.

(3.) Before dealing with the merit of the case it will be appropriate to dispose of the I.A. application bearing No. 4381 of 2018, which has been filed by one Surendra Prasad. He wants to be added as an intervener-respondent, he persuaded this Court that he should be added as party respondent because the proceeding was initiated at his behest and pursued the matter, even he approached to the Human Right Commission bringing the fact to the notice of commission with regard to the act perpetrated by the petitioner against him and on the intervention of the Human Right Commissions, the proceeding has been initiated and the order of punishment has been passed. In the present case, the locus is very much important of a person who made a complaint, he can be a witness to proceeding but cannot be allowed to participate in their proceeding which is basically arising from departmental proceeding initiated against the petitioner. He may have jurisdiction in the matter of criminal proceeding as well as in civil proceeding so far as with regard to the departmental proceeding in which punishment has been passed, he cannot be allowed to intervene and to make submission. Accordingly, this Court does not find his locus in the present case as the intervener is neither a necessary party nor proper party but for the purposes of this case he is completely stranger not a person aggrieved in any manner, so his application bearing I.A. No. 4381 of 2018 is rejected.