Delhi High Court
Dr Brahma Deo vs Secretary, National Commission ... on 26 August, 2022
$~65 (Appellate)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 675/2022, CM APPL. 31084/2022 and CM APPL.
31085/2022
DR BRAHMA DEO ..... Petitioner
Through: Petitioner in person
versus
SECRETARY, NATIONAL COMMISSION
FOR SCHEDULED CASTES ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE C .HARI SHANKAR
JUDGMENT (ORAL)
% 26.08.2022
1. The prayer clause in this petition under Article 227 of the
Constitution of India, preferred by the petitioner, who appears in
person, reads as under:
"It is therefore most respectfully prayed that this
Hon'ble court may kindly be pleased to:
i. to issue the directions to respondent NCSC
New Delhi regarding compliance of rules of
procedure and office memorandum dt. 14.7.2017 of
NCSC · in letter and sprit both vis-a-vis the matters
of petitioners heard by NCSC.is concerned.
ii. Directions to stay/ keep in abeyance the
illegal practice of issuing notice for personal
appearance to person concerned by NCSC till the
pendency of final decision of the petition by
Hon'ble court.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:30.08.2022
12:58:35
iii. Directions to NCSC to stay/keep in abeyance
the illegal practice of seeking the approval of
chairman for issuing summons/arrest warrants
against person concerned by Members of NCSC,
New Delhi, till the pendency of final decision of
the petition by Hon'ble court.
iv. Directions to NCSC to ensure the presence
and working of all presiding officers in NCSC on
all working days as expected through RTI reply
dated 27.9.2018 barring exceptional situations."
2. The petition includes allegations of deceit, fraud and dereliction
against several officials whom the petitioner has not chosen to
personally implead.
4. Repeated queries have been made by the Court to the petitioner,
who appears in person, as to whether he would choose either to delete
the allegations or to implead the said persons against whom
allegations have been made.
5. It is well settled as held that persons, against whom personal
allegations of malafides are levelled have to be impleaded personally
by name.
6. Despite Dr. Brahma Deo, the petitioner, who appears in person,
having been repeatedly informed of this legal position, he is neither
willing to amend his petition and delete the said allegations or to
implead the persons against whom the allegations have been made.
His submission is that the said allegations have been made only to
provide a background to the case that he seeks to set up. He also
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:30.08.2022
12:58:35
submits that he is not praying for any action to be taken against the
persons against whom malafides have been alleged in the petition and
is only seeking direction to the learned NCSC to follow the due
procedure.
7. The submission of Dr. Brahma Deo is no answer to the
requirement of impleading of persons against whom personal
allegations of malafides and deceit are made in the petition.
8. So long as the allegations of personal malafides and deceit
continue to remain in the pleadings, it is not possible for this Court to
continue with the present petition. The Court would be required to
adjudicate on the said allegations, as the petitioner chooses to press
them. That cannot be done behind the back of the persons concerned.
9. As such, it is not possible for this Court to entertain the present
petition in the form in which it has been filed by the petitioner. The
petition is accordingly dismissed with liberty to the petitioner to re-file
the petition in accordance with law and in accordance with the
observations made hereinabove with no orders as to costs.
10. All miscellaneous applications are disposed of.
C.HARI SHANKAR, J
AUGUST 26, 2022
r.bararia
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:30.08.2022
12:58:35
