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Petitioner: MUHAMMAD INAYAT GONDAL VS Respondent: REGISTRAR, LAHORE HIGH COURT, LAHORE,Zubda-tul-Hussain
2015 P L C (C.S.) 307
[Punjab Subordinate Judiciary Service Tribunal]
Before Justice Muhammad Farrukh Irfan Khan, Chairman and Justice Muhammad Ameer Bhatti, Member
MUHAMMAD INAYAT GONDAL
Versus
REGISTRAR, LAHORE HIGH COURT, LAHORE
Service Appeal No.11 of 2012, decided on 22nd December, 2014.
Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)---
----Ss. 5 & 6---Civil Procedure Code (V of 1908), O.I, R.10---Appeal to the Tribunal---Impleadment of complainant as necessary party to appeal under S.5 of the Punjab Subordinate Judiciary Service Tribunal Act, 1991---Applicant sought impleadment as party to an appeal before the Punjab Subordinate Judiciary Service Tribunal on the ground that disciplinary proceedings which culminated into the dismissal from service of the appellant, were initiated on the complaint of the applicant, therefore, he was a necessary party to the said appeal---Held, that disciplinary proceedings were initiated against the appellant on the applicant's complaint, and the applicant was also examined as a witness in the said proceedings, therefore, in the interest of justice, the applicant should be impleaded as a party to the appeal under S.5 of the Punjab Subordinate Judiciary Service Tribunal Act, 1991---Application under O.I, R.10, C.P.C. was allowed, in circumstances.
Appellant in Person.
Zubda-tul-Hussain for Respondent.
ORDER
As desired by the Hon'ble Supreme Court of Pakistan, vide order dated 18-12-2014, passed in C.P.No.2225 of 2014, titled "Muhammad Inayat Gondal v. The Registrar, Lahore High Court etc." this Service Appeal is taken up out of turn and fixed for today.
2. At this stage, Mr. Muhammad Sanaullah Devel, Advocate has presented a civil miscellaneous petition under Order I, rule 10 of the C.P.C. in Court today seeking his impleadment as a party in the appeal. Office will register it and fix it for today.
C.M.No.3 of 2014
3. Through this application the applicant seeks his impleadment as party to the titled appeal, on the ground that the disciplinary proceedings which culminated into dismissal of the appellant, were initiated on his complaint. On the other hand, the appellant has opposed this petition by arguing that nothing adverse against the applicant has been asserted in the appeal as such he is not an aggrieved party. Learned counsel for the respondent/Registrar submits that the appellant was proceeded against on the complaint of the applicant, who remained associated with the proceedings before the Authority, therefore, he is a necessary party.
4. In the present case, disciplinary proceedings were initiated against the appellant on applicant's complaint and he was examined as a witness in the said proceedings, therefore, in the interest of justice he is impleaded as a party to the appeal. Resultantly, the instant application is allowed. The applicant is ordered to be impleaded as respondent in the memo. of parties.
5. Office to fix the main case for hearing tomorrow on 23-12-2014.
KMZ/1/PST Application allowe