MOHAMMAD IQBAL WANI Vs. STATE OF J&K

JUDGEMENT

(1.) CAVEAT is discharged.

(2.) THIS appeal is directed against order dated 25.03.2014 passed by the learned Single Judge of this Court allowing an application filed under Order 1 Rule 10 of the Code of Civil Procedure ( IA no. 682/2014), permitting applicant -Manzoor Ahmad Shiekh to join as party respondent. The short order passed by the learned Single Judge reads as under: - Heard and considered. It is not denied that herein applicant, Manzoor Ahmad Shiekh, is the complainant in the complaint leading to impugned enquiry report. The report has been challenged on the ground among others of mala fide and extraneous consideration on the part of applicant. It being so applicant is necessary party to the lis. Application allowed. Applicant impleaded as party respondent No.11. Registry to effect corresponding change in the cause title of the writ petition. Disposed of. List main matter in the week commencing 28th of April, 2014. Meanwhile, reply. Interim direction to continue.

(3.) HAVING heard learned counsel for the parties we are of the considered view that respondent -Manzoor Ahmad Shiekh is a necessary and proper party because in paragraph 10 (m) of the writ petition it has been specifically alleged by the appellant that the respondent filed a complaint which is patently malafide and based on extraneous considerations. There are further allegations that the Headmaster of the school issued work order in favour of respondent - Manzoor Ahmad Shiekh, Sarpanch to complete the work within three months and has released an amount of Rs. 8.30 lacs in his favour for construction of the school building. The aforesaid factual position could not be successfully disputed. Therefore, it is not possible to conclude that learned Writ Court committed any error of jurisdiction warranting admission of the appeal.