The Commandant, Cisf Unit Ongc Mumbai v. Vinod Kumar Lamba

SKN 1 811.18-caw.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL APPLICATION NO. 811 OF 2018 IN WRIT PETITION NO. 3594 OF 2007 The Commandant CISF Unit ONGC Mumbai.

...

Applicant.

In the matter between.

Vinod Kumar Lamba.

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Petitioner.

V/s.

The Union of India and others.

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Respondents.

Mrs.Neeta V. Masurkar for the applicant.

Ms.Sandhya Nanavare i/b. Mr.M.Janardhanan for the petitioner. CORAM :

A.S.OKA & SANDEEP K. SHINDE, JJ.

DATE :

27th November 2018.

P.C. :

Heard the learned counsel appearing for the applicant. The application is completely misconceived. The applicant is a Commandant of CISF Unit of ONGC, Mumbai who is fourth respondent in the petition. The writ petitioner was employed by CISF. The challenge in the writ petition is to the order of the disciplinary authority dismissing the writ petitioner from service which is confirmed by the appellate authority.

2.

The prayer in this application is for deleting the name of the first respondent which is Union of India. The Union of India has been impleaded through its Secretary, Ministry of Home Affairs, New Delhi. When we made a query to the learned counsel appearing for the applicant whether CISF is a separate statutory entity which can be sued

SKN 2 811.18-caw.doc in its own name, she states that CISF is not a separate entity and it works under the Home Department of the Government of India. 3.

We, therefore, find no error in impleading the Union of India as party respondent. There is nothing wrong if the Union of India is impleaded through Secretary of the Home Department as, admittedly, CISF works under the Home Department of the Government of India. Therefore, the application is rejected.

4.

If the writ petition is ready for final hearing, the same shall be added to the weekly board as per its turn. (SANDEEP K. SHINDE, J.) (A.S.OKA, J.)