N. Swain and Another vs B.K. Mohapatra and Others

S.M. SIKRI, J.-This appeal was heard along with State of Orissa v. B.K. Mohapatra1 in which we have just delivered judgment and is against the same judgment which was appealed against in that appeal. This appeal is by certificate granted by the High Court of Orissa, under Article 133(1)(c) of the Constitution, to two officers N. Swain and S.S. Padhi who were not made parties in that writ petition filed by B.K. Mohapatra but they were allowed to intervene in the writ petition before the High Court.

It seems to us that an intervener is not entitled to appeal against the judgment and order of the High Court and the High Court should not have granted certificate to them under Article 133(1)(c). In such cases the officers who intervened before the High Court should, if they wanted to be heard, have applied to the Supreme Court for intervention in the appeal filed here.

In the result we discharge the certificate and dismiss the appeal. There will be no order as to costs.