Niraj Kumar v. The Chairman, Railway Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4024 of 2020 ====================================================== 1.

Niraj Kumar son of Deo Kumar Singh resident of Village- Pakri Narotam, P.O.- Satjora Bazar, P.S. Panapur, District- Saran at Chapra, Pin Code841140. 2.

Shoaib Ali son of Yakub Ali resident of C- 136 Tons Colony, P.O.- Dak Pathar P.S. Vikash Nagar, District- Dehradun, Pin Code- 248125. ... ... Petitioner/s

Versus

1.

The Chairman, Railway Board New Delhi.

2.

The Zonal Manager, East Central Railway, Hajipur, District- Vaishali at Hajipur, Bihar.

3.

The Inspector General-cum- Principal Chief Security Commissioner, Railway Protection Force, East Central Railway, Hajipur, District- Vaishali at Hajipur, Bihar.

4.

The Deputy Inspector General -cum- Principal Chief Security Commissioner, Railway Protection Force, East Central Railway, Hajipur, District- Vaishali at Hajipur, Bihar.

5.

The Additional Security Commissioner-cum- Staff Officer, Railway Protection Force, East Central Railway, Hajipur, District- Vaishali at Hajipur, Bihar.

6.

The Commandant, Railway Protection Force, East Central Railway, Hajipur, District- Vaishali at Hajipur, Bihar.

7.

The Competent Officer for Recruitment Committee, Railway Protection Force, East Central Railway, Hajipur, District- Vaishali at Hajipur, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan For the Respondent/s :

Mr.Ramadhar Shekhar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-04-2024 Counsel for the petitioners and counsel for the state are present.

2. This writ petition is filed for directing the respondent authorities to consider the grievance of the petitioners for selection/appointment on the post of constable

Patna High Court CWJC No.4024 of 2020(2) dt.20-04-2024 2/2 (Band) because many posts have remained vacant and further directing the authorities to arrange a fresh Trade Test for the petitioners under the fresh committee. Further prayer has been made to direct Respondent No. 1 to conduct inquiry regarding the selection procedure and directing the respondents authorities to maintain the mandates of Rule 278 of the Railway Protection Force Rule, 1987 for the East Central Railway, Hajipur, Bihar.

3. Upon specific query of the Court that under the Central Administrative Tribunal Act, 1985 the remedy against the railway has to be availed before the Central Administrative Tribunal, Patna In this background, petitioner seeks permission to withdraw this writ petition with liberty to file before the appropriate forum.

4. Permission granted.

5. With the aforesaid observation, this writ petition is disposed off.

(Dr. Anshuman, J) Sunnykr/- U