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TMI Blog2016 (8) TMI 1306X X X X Extracts X X X X X X X X Extracts X X X X ..... rd before the tribunal, there was no necessity of impleading the tribunal as a party to the proceedings. The tribunal not being required in law to defend its own order, the proceedings under Articles 226 and 227 of the Constitution were maintainable without the tribunal being impleaded. For these reasons, we hold that the High Court was in error in dismissing the LPA on the ground that it was not maintainable. Consequently, the judgment and order of the Division Bench dated 28 March 2014 is set aside and LPA 86 of 2014 is restored before the High Court for disposal on merits. - Civil Appeal Nos. 11976-11977 of 2014 - - - Dated:- 22-8-2016 - T S THAKUR, A M KHANWILKAR And Dr D Y CHANDRACHUD For the Appellant : Mr. Ejaz Maqbool, Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication for leave indicated a pilgrimage to Umrah. The Appellant denied the charges. Upon a departmental inquiry, the charges were found to be established and the Appellant was dismissed from service on 13 January 2004. The Appellant moved the Gujarat Higher Secondary Education Tribunal for challenging the order of dismissal. On 13 June 2006, the Tribunal dismissed the application. 3 Aggrieved by the order of the Tribunal, the Appellant instituted a Special Civil Application under Articles 226 and 227 of the Constitution before the High Court. Besides seeking to challenge the order of the Tribunal and the punishment of dismissal, the Appellant sought consequential reliefs for treating him in service until October 2005 when he attained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Gujarat and Ors (2015) 9 SCC 1 . The judgment of this Court has also adverted to the view that was taken in the judgment rendered by a Bench of five Judges of the Gujarat High Court, noted above. After considering the position in law emanating from the earlier decisions of this Court, the judgment holds thus:- 43 ..Therefore, the proposition that can safely be culled out is that the authorities or the tribunals, who in law are entitled to defend the orders passed by them, are necessary parties and if they are not arrayed as parties, the writ petition can be treated to be not maintainable or the court may grant liberty to implead them as parties in exercise of its discretion. There are tribunals which are not at all required to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of non-teaching staff, which is connected with the conditions of service of such person, the manager or, as the case may be, the person may make an application to the Tribunal for the decision of the dispute. (2) As from the appointed day the State Government or any officer of the State Government shall have no jurisdiction to decide any such dispute pending before the State Government or any officer of the State Government immediately before the appointed day shall, as soon as may be, after the appointed day, be transferred to the Tribunal for its decision. Under Section 39 (4) the tribunal is empowered to decide among other things a dispute of the nature referred to in sub-Section (1) of Section 38 or an appeal under sub-Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... staff, as the case may be. It is for the person aggrieved to pursue his or her remedies before the tribunal. An order of the tribunal is capable of being tested in exercise of the power of judicial review under Articles 226 and 227. When the remedy is invoked, the tribunal is not required to step into arena of conflict for defending its order. Hence, the tribunal is not a necessary party to the proceedings in a Special Civil Application. 9 The Appellant instituted a proceeding before the tribunal to challenge an order of dismissal passed against him in disciplinary proceedings. Before the tribunal, the legality of the order of dismissal was in question. The lawfulness of the punishment imposed upon the Appellant was a matter for the empl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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