Vinod Bais vs The State Of Madhya Pradesh
2022 Latest Caselaw 13430 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           WP No. 21577 of 2022
                                     (VINOD BAIS AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 12-10-2022
                                  Shri V.D.S. Chauhan - Advocate for the petitioners.

                                  Shri Alok Agnihotri - Dy. Government Advocate for the respondents-

State on advance copy.

Shri N.N. Tripathi - Advocate for the intervenor. Heard on I.A. No.12726 of 2022, an application under Order 1 Rule 10 of C.P.C. for impleading a party as respondent in the matter.

It is submitted that he was a complainant on the basis of which action has proposed against the petitioner.

Looking to the contents of the application as well as fact that cognizance has already been taken by the authorities on the complaint made by the intervenor in the matter, the complainant has no right to participate in the matter or even file a writ petition.

Considering the judgment passed by the Division Bench of this Court in Writ Appeal No.64 of 2021 (M.P. Karmachari Congress Through District President Munendra Singh Parihar Vs. The State of Madhya Pradesh and

others) on 10.02.2021, the application is still not maintainable. In such circumstances, the intervenor being the complainant has no right to participate in the present petition.

Accordingly, I.A. No.12726 of 2022 is rejected. Heard on the question of admission.

Issue notice to the respondents on payment of process fee within seven days by all modes, failing which, the petition shall stands dismissed without Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 10/13/2022 2:05:17 PM

further reference to the Court.

Notice be made returnable within three weeks. Looking to the fact that interim relief has already been extended to two persons namely R.K. Khare in W.P. No.22227 of 2022 and J.S. Baghel in W.P. No.21392 of 2022, this Court deems it appropriate to maintain parity with the other employees against whom similar order has been passed. Therefore, petitioners are also entitled for similar relief.

Till next date of hearing, the effect and operation of the impugned order dated 09.09.2022 (Annexure-P-5) with regard of present petitioners shall remain stayed.

List the matter along with W.P. No.22227 of 2022 and W.P. No.21392 of 2022 for analogous hearing.

(VISHAL MISHRA) JUDGE

irfan

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 10/13/2022 2:05:17 PM