Sudhir Agarwal, J. - (1.) IT is alleged that impugned order of suspension is bad on account of mala fide of Superintendent of Police, Sant Ravidas Nagar.
(2.) IT is well settled that the plea of mala fide can neither be entertained nor shall be permitted to be raised in the absence of a person against whom such allegations are made. In State of Bihar Vs. P.P. Sharma, : 1992 Supp (1) SCC 222 in para 55 of the judgment, the Apex Court held: - It is a settled law that the person against whom mala fides or bias was imputed should be impleaded do nominee as a party respondent to the proceedings and given an opportunity to meet those allegations. In his/her absence no enquiry into those allegations would be made. Otherwise it itself is violative of the principles of natural justice as it amounts to condemning a person without an opportunity. Admittedly, both R.K. Singh and G.N. Sharma were not impleaded. On this ground alone the High Court should have stopped enquiry into the allegation of mala fides or bias alleged against them.
(3.) IN , AIR 1996 SC 326, J.N. Banavalikar Vs. Municipal Corporation of Delhi, in para 21 of the judgment, it has been held as under: - Further in the absence of impleadment of the...person who had allegedly passed mala fide order in order to favour such junior doctor, any contention of mala fide action in fact i.e. malice in fact should not be countenanced by the Court.;