Jitendra Kumar Manjhi v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7190 of 2017 =========================================================== Jitendra Kumar Manjhi Son of Shri Devasi Manjhi Resident of Kohra Bajar, Police Station - Daudpur, District- Saran .... .... Petitioner/s

Versus

1. The Union of India through the Director General, Department of Post, Government of India, New Delhi

2. The Chief Postmaster General, Bihar Circle, Patna

3. The Chief Postmaster General, North, Muzaffarpur

4. The Senior Superintendent of Post Offices, Saran

5. The Sub Divisional Inspector of Post, Department of Post, East Sub Division, Chapra

6. Sri Lalan Kumar Das Son of Mundrika Das present working as GDSMD/MC, Anjani, B.O. P.O. - Anjani, Via-Parsa, District-Saran .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra Advocate For the Respondent/s :

Mr. S.D Sanjay Addl. Soc. Gen.

Mr. Rajesh Kumar Verma CGC =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 01-08-2017 Heard learned counsel for the petitioner and learned Additional Solicitor General, Mr. S. D. Sanjay, ably assisted by counsel appearing for the Central Government. Vide order, dated 03.03.2017, passed in O. A. No. 664

Patna High Court CWJC No.7190 of 2017 dt.01-08-2017 2/3 of 2012, by Central Administrative Tribunal, Patna Bench, Patna, the said O.A. application was dismissed, which is under challenge before this Court. The effort made by the present petitioner, who assailed the appointment of the private-respondent no. 6, namely, Lalan Kumar Das, on the post of GDSMD / MC for the vacancy at Anjani, BO, has miserably failed.

Assertion and insinuation was made that the said person had not appeared for documents' verification and since there was failure on his part to participate in the process of such verification, his appointment seems to be a case of some serious manipulation.

From the pleadings, especially the written statement, which was filed by the official respondent, they manage to establish that Lalan Kumar Das did appear for verification of documents on 13.04.2011. There are evidences to prove so and since Lalan Kumar Das had the highest marks amongst the candidates, he became the natural beneficiary of the selection process. With the above finding, have not been dislodged by any material already on record, the reason for filing of the present writ application, is not appreciated or understood. The dismissal of the O.A. application in the given facts was natural corollary.

The fate of the writ application has to be identical to the decision of the Central Administrative Tribunal, because the Tribunal

Patna High Court CWJC No.7190 of 2017 dt.01-08-2017 3/3 has not committed any error which needed rectification in judicial review.

Writ application stands dismissed.

(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 02.08.2017 Transmission Date