AI Structured Summary
Not yet generated for this judgment
Judgment
C. Hari Shankar, J
Without going into the merits of the impugned order, we are of the opinion that OA 1887/2005, filed by the petitioner before the Central Administrative Tribunal “the Tribunal”, was itself liable to be dismissed on the ground of non-joinder of affected parties as the challenge in the OA was to the promotion of S.C. Sharma and Lakhan Lal Gupta as Chief Pharmacist-I and Chief Pharmacist-II in the North Central Railway and neither of them have been impleaded as parties.
For the proposition that persons whose promotion are under challenge have necessarily to be impleaded as parties, one may refer to All India SC & ST Employees Association v A. Arthur Jeen (2001) 6 SCC 380, Prabodh Verma v State of UP (1984) 4 SCC 251 and A.M.S. Sushanth v M. Sujatha (2000) 10 SCC 197.
For reasons other than those mentioned in the impugned judgment, therefore, we find that the OA was liable to be dismissed on the ground of non-joinder of necessary parties.
At this distance of time, this defect cannot be remedied.
Accordingly, we do not propose to interfere in this writ petition which is also, therefore, dismissed.28. The writ petition is dismissed without any order as to costs.