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ABHISHEK TIWARI v. UNION OF INDIA

Supreme Court of India | Diary 71407/2025

Status

Order

Decided On

2026-02-23

Bench

HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE JOYMALYA BAGCHI

Petitioner

ABHISHEK TIWARI

Respondent

UNION OF INDIA

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. OF 2026 (Arising out of SLP(C) Nos.3181-3182/2026)

ABHISHEK TIWARI APPELLANT(S)

VERSUS

UNION OF INDIA & ORS. RESPONDENT(S)

O R D E R

1. Leave granted.

2. The notice was issued in these cases on 05.01.2026 for

the following limited purpose:

“3. Issue notice for the limited purpose as to why the petitioner be not allowed to join the pending proceedings as a respondent, returnable on 23.02.2026.”

3. We find that the High Court has been passing orders,

likely to cause adverse impact on the service conditions of

the appellant or other persons, without giving them an

opportunity of hearing. Such a recourse being impermissible,

the instant appeals are allowed. The impugned orders dated

12.12.2022 & 03.05.2023 are set aside, and the matters are

remitted to the High Court. The appellant or other affected

persons shall be allowed to be impleaded as parties in the

pending cases. We request the High Court to proceed in the

1

said cases on merits thereafter.

5. It is clarified that we have not expressed any opinion

on the merits of the case. If there are other matters having

some bearing on the main issue, the parties shall be at

liberty to persuade the High Court for clubbing of the

cases.

..........................CJI. (SURYA KANT)

............................J. (JOYMALYA BAGCHI)

NEW DELHI; FEBRUARY 23, ...

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