JAMUNA PRASAD Vs. J.S.E.B.

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the order dated 18th Sep -tember, 2001 passed by the learned Single Judge in C.W.J.C. No. 276 of 2000, whereby and whereunder, the writ petition preferred by him was dismissed. Against the said order, the appellant preferred appeal being L.P.A. No. 762 of 2001. In the said appeal, neither the Bihar State Electricity Board nor its concerned officers having been impleaded as party respondents, Bench of this Court vide order dated 9th January, 2003 dismissed the appeal being not maintainable.

(2.) THE appellant, thereafter, preferred the present appeal against the said order passed by learned Single Judge dated 18th September, 2001 in C.W.J.C. No. 276 of 2000. In the present case, Bihar State Electricity Board (B.S.E.B. for short), Jharkhand State Electricity Board (J.S.E.B. for short) and its Officers have been impleaded as party -respondents but the office of this Court has raised the question of maintainability of the present appeal, earlier appeal having been dismissed.

(3.) FROM the order dated 9th January, 2001 passed in L.P.A. No. 762 of 2001, it appears that the appeal dismissed for non -joinder of necessary parties, but the appellant did not choose to obtain liberty from the Court to file another appeal after impleading the proper parties as party respondents. However, taking into consideration the nature of the case, we have also heard the case on merit.