(Madan B. Lokur and Deepak Gupta, JJ.)
Kuldeep Singh ____________________________________ Petitioner
v.
Employees State Insurance Corporation Hospital & Anr. _______________________________________________ Respondent(s)
Petition(s) for Special Leave to Appeal (C) No(s). 8248/2018, decided on July 5, 2018
(For I.R. and IA No. 28409/2018-Condonation of Delay in Filing and IA No. 28411/2018-Exemption From Filing C/C of the Impugned Judgment and IA No. 28414/2018-Exemption From Filing O.T.)
The Order of the court was delivered by
Order
1. Delay condoned.
2. We have heard learned counsel for the parties. In our opinion, since the delay in filing the appeal before the State Commission has been condoned by the National Commission, it will be appropriate if the State Commission takes a decision on the merits of the case. We are little surprised that even though there is no stay in the matter, the State Commission does not appear to have proceeded in the matter since March, 2017.
3. Be that as it may, we are of the opinion that the National Commission was in error in directing recovery of costs from the concerned official. The costs are directed to be paid by the institution on the facts of this case and not from the concerned official.
4. We are also of the opinion that since the matter is now pending before the State Commission, it will be appropriate if the State Commission takes a decision on the question whether Dr. Vikas Tandon is a necessary party or not. We are of the view that the National Commission committed an error in deleting Dr. Vikas Tandon from the memo of parties. This matter should have been left to be decided by the State Commission. The State Commission will take an independent decision on the question whether Dr. Vikas Tandon is a necessary party to the proceedings without being influenced by the order passed by the National Commission.
5. In view of the above, the order passed by the National Commission is set aside to the limited extent mentioned above.
6. The special leave petition stands disposed of.
———
