MC(WPC)/115/2024 of BRYLLENHENRY SYIEMIONG Vs NONGTEI SINGH SYIEMIONG on 14 November 2024

O R D E R

1. In a writ petition registered as WP(C) No. 209 of 2024 pendingbefore this Court, the applicant herein has sought to get himselfimpleaded as a party respondent, this application being preferred underthe provision of Order 1 Rule 10 of the Code of Civil Procedure.

2. Heard Mr. H.L. Shangreiso, learned Sr. counsel who hassubmitted that the respondent/petitioner has challenged his suspension asthe Syiem of Langrin which was issued by the Khasi Hills AutonomousDistrict Council (KHADC) vide relevant order dated 18.08.2023 andanother order of even date, whereby the applicant herein was appointedas the Acting Syiem of Hima Langrin was also challenged by therespondent/petitioner before this Court in WP(C) No. 279 of 2023.

3. It is the submission of the learned Sr. counsel that therespondent/petitioner has also challenged the order whereby the KHADCvide order dated 21.08.2023 had instituted an inquiry against him and anInquiry Officer was also appointed in this regard. This order dated21.08.2023 was brought on record by the respondent/petitioner by wayof an additional affidavit filed in the said WP(C) No. 279 of 2023.

4. This Court vide judgment dated 05.12.2023 had turned downthe prayer of the respondent/petitioner in WP(C) No. 279 of 2023, whichincludes the prayer for setting aside the said order appointing the InquiryOfficer dated 21.08.2023.

5. The learned Sr. counsel has then submitted that therespondent/petitioner has preferred an intra-court appeal before aDivision Bench of this Court assailing the said judgment dated 05.12.2023 passed by this Court in WP(C) No. 279 of 2023.

6. During the pendency of the said appeal, therespondent/petitioner has filed another writ petition being WP(C) No.209 of 2024 challenging the order of inquiry dated 21.08.2023 (supra).

7. It is the contention of the learned Sr. counsel that since theapplicant was a party in the earlier writ petition, that is, WP(C) No. 279of 2023 as well as a party respondent in the related appeal being WA No.1 of 2024, therefore since inter alia, the subject matter of the said appealas well as the present writ petition pending before this Court is the orderof inquiry dated 21.08.2023, the applicant is therefore required to beimpleaded in the said WP(C) No. 209 of 2024. Hence this application.

8. Per contra, Mr. P. Nongbri, learned counsel for therespondent/petitioner while refuting the contention and submission of thelearned Sr. counsel for the applicant, has submitted that the main groundof appeal before the Division Bench of this Court is with regard to thefinding of this Court on the issue of “suspension pending inquiry” andthe findings thereof. There is no challenge as to the issuance of the orderinitiating the inquiry against the respondent/petitioner dated 21.08.2023or for that matter, the appointment of the Inquiry Officer therein was alsonot challenged in the said appeal.

9. The learned counsel has further submitted that the presentpetition is only to challenge the process and procedure undertaken incourse of the inquiry against the respondent/petitioner and as such, theapplicant not being connected or involved in the process of inquiry, there can be no question of him being made a party respondent in the case.

10. This Court has noted the argument of the learned counsel for therival parties including the written synopsis brought on record. Beforeproceeding with the contentions raised by the parties herein, it may notbe out of place to briefly state the principles of Order 1 Rule 10 of theCode of Civil Procedure, which essentially allows any person whoserights or interest in a litigation to be joined therein and also if any reliefis sought for from such person(s). In short, the suit or litigation could nothave proceeded without such person(s) being brought on board. All suchnecessary parties must be joined to ensure that there is properadjudication and all relevant issues duly answered.

11. The factual account of the case of the parties, also connected tothe earlier WP(C) No. 279 of 2023, judgment of which is now in appeal,is that the order of inquiry as well as the appointment of an InquiryOfficer vide the order dated 21.08.2023, which figured in the earlier writpetition, this Court having directed the petitioner therein to participate insuch inquiry, the learned counsel for the respondent/petitioner has fairlysubmitted that such part of the direction of this Court has not beenappealed against in the said appeal, that is, WA No. 1 of 2024, whereonly the finding of this Court on the issue of “suspension pendinginquiry” was challenged.

12. The learned Sr. counsel for the applicant has howevercontended that the judgment of this Court dated 05.12.2023 as a wholewas assailed by the respondent/petitioner in the said appeal and theapplicant being a party respondent in the appeal, when the respondent/petitioner has challenged the self-same order of inquiry dated21.08.2023 in the present writ petition, he is therefore a necessary partyto these proceedings.

13. This Court is however in agreement with the contention of thelearned counsel for the respondent/petitioner that in the earlier writpetition, that is, WP(C) No. 279 of 2023, the order of inquiry dated21.08.2023 was challenged, however, on the direction of this Court, therespondent/petitioner had participated in the said inquiry and finding thatthe process and procedure adopted in conduct of the said inquiry notbeing proper, therefore this Court is now approached by way of a writpetition being WP(C) No. 209 of 2024. The applicant not being a part ofthe said inquiry proceedings, he therefore cannot come before this Courtto say that the process and procedure adopted is just and proper orotherwise. He is therefore not connected to the issue involved and cannotbe said to be a proper or necessary party in the proceedings.

14. On the basis of the above observations, this application is foundto be unjustified and without merits, accordingly the same is herebydismissed.

15. Misc. case stands disposed of. No costs.

Judge