18 November 2019
But if the other petitioner is not willing to prefer an appeal, can the petitioner who is willing to prefer an appeal apply individually? Also let me be clarified even if a single petitioner prefers an appeal against the common judgment, whether it would be decided by the court as applicable for both the petitioners.
As explained earlier, as the other petitioner of the common order is not willing to prefer an appeal, I am forced to prefer the appeal against the common order individually. As there are two different writ petitions (Linked Cases) with two different petitioners are covered in the common order and if one is not willing to prefer an appeal, can the other petitioner be denied preferring the appeal on account of his writ petition covered in the common order?
As I don't find any option for attaching the relevant papers for your perusal, I provide the link of the common order for your reference. If any other relevant papers are required, please advise.
It is also to be noted that the court has not directed the respondent with regard to the consequences while setting aside the order of dismissal and after modifying the punishment from dismissal to increment cuts.