Senior Divisional Personnel Officer, South Eastern Railway, Ranchi Division, Ranchi v. Binay Hembrom
2017-02-09
H.C.MISHRA, S.N.PATHAK
body2017
DigiLaw.ai
ORDER : This writ application has been filed by the Senior Divisional Personnel Officer, South Eastern Railway, Ranchi, against the order of the Central Administrative Tribunal, Patna Bench, Patna, in O.A. No. 192 of 2013(R). 2. The impugned order shows that the petitioner Senior Divisional Personnel Officer, South Eastern Railway, Ranchi was not even a party in the said application filed before Central Administrative Tribunal, which was filed by the respondents No. 1 to 13, making the Union of India, represented by the other officials of South Eastern Railway, as respondents, Union of India and those officials of the South Eastern Railway, have been made proforma respondent Nos. 14 to 16, in the present writ application. 3. Learned counsel for the petitioner is not in a position to satisfy us as to why Union of India and those officials of the South Eastern Railway, who were the respondents in the O.A. No. 192 of 2013(R) in the Central Administrative Tribunal, have not been made the petitioners in this writ application, and in what capacity the petitioner, who was not even a party before the Central Administrative Tribunal, has filed the present writ application, making them proforma respondents. 4. By order dated 15.9.2016, notice was issued to the proforma respondents, and this writ application is kept pending for the appearance of those proforma respondents, even though the petitioner himself is a part and parcel of those proforma respondents, and the petitioner could have ensured the appearance of those respondents even without issuance of any notice, which has not done by the petitioner. 5. The proforma respondents and the other party respondent to the O.A. No. 192 of 2013(R), if so desire, may challenge the impugned order passed by the Central Administrative Tribunal, by filing appropriate application, if they so desire, which may be considered on its own merits and in accordance with law. 6. This writ application is not maintainable by the present writ petitioner and the same is, accordingly, dismissed.