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Judgment
Tarlok Singh Chauhan, J
Heard. We have gone through the judgment rendered by the learned writ Court, which proceeded on the premises that no formal reply was filed on behalf of respondent No.2. This is so recorded in paras 10 and 11 of the judgment, however, such findings are contrary to record inasmuch as the formal reply was infact filed by respondent No.2 before the erstwhile Tribunal on 31.10.2018, with an advance copy to the learned counsel for the writ petitioner and the same is available from pages 353 to 361 (red ink)/283 to 291 (blue ink) to the writ file.
Since the judgment has been rendered by the learned writ Court by ignoring the material as placed in the detailed reply, obviously, the same has caused prejudice to either of the parties.
In this view of the matter, we deem is appropriate to set aside the judgment rendered by the learned writ Court on 15.07.2020 in CWPOA No.25 of 2019. Ordered accordingly.
The matter is remanded back to the learned writ Court for decision afresh and the parties are directed to appear before the learned writ Court on 14.05.2024, including the present appellant, who may file appropriate application for his impleadment before the learned writ Court in view of the fact that he was granted leave by this Court to file a third party appeal, vide order dated 06.08.2021.
The instant appeal is disposed of in the above terms, so also the pending miscellaneous application(s), if any.