Romesh Ashok v. Union of India

W.P.(C) NO.25404 OF 2017

1. 08.12.2017 Heard learned counsel for the petitioner and Mr.D.Sahu, learned counsel for opposite party nos.1 to 4.

1. This Writ Petition has been filed by the petitioner challenging the order dated 02.11.2017 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in M.A. No.72 of 2017 arising out of O.A. No.260/165/2013 rejecting an application filed for amendment of the Original Application.

1. Learned counsel for the petitioner submitted that the petitioner has impleaded the Railway Recruitment Board, Secunderabad and the Railway Recruitment Board, New Delhi represented through its Secretary as respondent Nos.2 and 4 respectively in the Original Application. Since the Railway Board has already been made a party, the part of the impugned order so far as impleading the Members of the Board in their personal capacity in the Original Application may not be necessary. However, in absence of necessary averments the Original Application cannot be adjudicated effectively and the applicants will be prejudiced. Therefore, the impugned order need be interfered with.

BP

1. Considering the above and after going through the schedule of amendment, it appears that the applicants intend to incorporate certain facts by way of amendment of the Original Application for effective adjudication of the dispute. Since the Railway Board has already been impleaded as party to the Original Application, the persons, who have passed the orders as Members of the Board need not be impleaded in their personal capacity as the Board is

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