IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 212 of 2005 (S/B) Dr. Joseph Thsetan Gergan S/o Late Shri S.S. Gergan, R/o presently posted as Scientist ‘F’ Wadia Institute of Himalayan Geology, 33, General Mahadeo Singh Road, Dehradun …………….. Petitioner Versus 1. Union of India through Secretary, Department of Science and Technology, New Delhi. 2. Wadia Institute of Himalayan Geology, 33, General Mahadeo Singh Road, Dehradun through its Director. 3. Dr. R.K. Mazri r/o presently posted as Scientist F, Wadia Institute of Himalayan Geology, 33, General Mahadeo Singh Road, Dehradun. 4. Dr. R.J. Azmi R/o presently posted as Scientist ‘F’ Wadia Institute of Himalayan Geology, 33, General Mahadeo Singh Road, Dehradun. ………….. Respondents Sri Ganesh Kandapal, Advocate for the petitioner. Smt. Bina Pande, Standing Counsel for respondents no. 1. Sri L.P. Naithani, Senior Counsel with Sri J.P. Joshi, Advocate for respondent no. 2. None for respondent 3 and 4. Coram: Hon’ble Rajeev Gupta, C.J. Hon’ble J.C. S. Rawat, J. RAJEEV GUPTA, C.J. (Oral) Sri Ganesh Kandapal, Advocate for the petitioner. Smt. Bina Pande, Standing Counsel for respondents no. 1. Sri L.P. Naithani, Senior Counsel with Sri J.P. Joshi, Advocate for respondent no. 2. None for respondent 3 and 4. 2. The petitioner has filed CLMA No. 43 of 2008 for amendment in the writ petition. 3. The petitioner, by way of the amendment, is intending to incorporate para ’15-A’ and ground ‘K’ in the writ petition, wherein the petitioner has alleged malafides against one Prof. Viswas Kale, who, neither was impleaded in the writ petition as respondent nor is sought to be impleaded through this amendment application. 4. That apart, the allegations of malafides are quite vague and the necessary details are lacking. 5. As in a writ petition alleging malafides against some one, it is necessary to implead the person as respondent in the writ petition against whom malafides are alleged, in our opinion, it would be appropriate for the petitioner to file another writ petition for the reliefs sought in this writ petition and other ancillary reliefs by incorporating the grounds sought to be incorporated in this writ petition by way of amendment and also impleading the person against whom the petitioner has alleged malafides as respondent in the writ petition. 6. The writ petition, therefore, is disposed of with the above liberty to the petitioner. 7. With the above order, CLMA No.43 of 2008 also stands disposed of. (J.C. S. Rawat, J.) (Rajeev Gupta, C. J.) 10.01.2008 10.01.2008 A