Pramod Kumar Singh vs State Of U.P. And Another
2021 Latest Caselaw 7325 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 206 of 2021
 

 
Appellant :- Pramod Kumar Singh
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Krishna Kumar Singh,Avaneesh Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Piyush Agrawal,J.

Order on Civil Misc. Exemption Application No. 1 of 2021

The application seeking exemption from filing certified copy of the order dated 18th January, 2021 passed by learned Single Judge is allowed.

The defect stands cured.

Order on Memo of Special Appeal

By this appeal a challenge is made to the judgment dated 18th January, 2021 whereby the writ petition preferred by the petitioner-appellant was dismissed. The petition was preferred to seek a direction for consideration of the representation dated 9th September, 2020. A perusal of the representation shows a prayer for promotion of the petitioner-appellant and at the same time for cancellation of promotion of Mithai Lal Yadav. Neither Mithai Lal Yadav nor the Management Committee were impleaded as a party respondent. The learned Single Judge thus found writ to be hit by non-joinder of parties and otherwise suffers from latches.

In view of the above, we do not find any reason to cause interference in the judgment of the learned Single Judge. The application by the petitioner was to seek cancellation of the promotion of the Mithai Lal Yadav without impleading him as a party respondent. Thus, apart from latches, the writ petition was hit by non-joinder of necessary parties thus rightly dismissed. Accordingly, the appeal fails and is dismissed.

 
Order Date :- 8.7.2021
 
VMA
 

 
(Piyush Agrawal, J.)     (Munishwar Nath Bhandari, A.C.J.)