STATE OF PUNJAB Vs. V P DUGGAL

JUDGEMENT

(1.) This is an appeal by special leave by the State of Punjab against the order of the Punjab and Haryana High Court, whereby it was directed that the Minister in-charge of Irrigation Department be impleaded as a party in the writ petition filed by V.P. Duggal respondent. The Minister was also directed to file his affidavit.

(2.) In the writ petition filed by him, Duggal respondent challenged notification dated January 29, 1974 fixing the seniority of the engineers in the Irrigation Department of the Punjab Government. During the course of the hearing of the writ petition, an order was made by the High Court on November 18, 1974 that the Minister concerned might give a personal hearing to the parties and thereafter pass the necessary order in the matter. The Minister concerned thereafter heard the parties and made a speaking order on February 18, 1975 affirming the earlier seniority list. The writ petition was thereafter amended, and in the amended petition, Duggal respondent also challenged the validity of the later order of February 18, 1975.

(3.) At the resumed hearing of the writ petition, the learned Judge hearing the petition directed that the Minister concerned be impleaded as a party in the petition, as in the view of the learned Judge, allegation had been made against the Minister that he had deviated from the normal procedure while passing the impugned order dated February 18, 1975 inasmuch as he had dealt with the matter directly and bypassed the Secretary of the Department. Direction was also issued that the Minister should file an affidavit in regard to the allegations made in the petition.