The Union Of India, v. Manish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8800 of 2026 ====================================================== 1.
The Union of India, through the Director General, Department of Posts, Dak Bhawan, New Delhi- 110001.
2.
The Chief Post Master General, Bihar Circle, G.P.O. Complex, Patna - 800001.
3.
The Post Master General, Eastern Region, Bhagalpur - 812001. 4.
The Director of Postal Services, Eastern Region, Bhagalpur - 812001. 5.
The Superintendent of Post Offices, Saharsa Postal Division, Saharsa - 852001.
... ... Petitioner/s
Versus
1.
Manish Kumar Son of Bahadur Sharma, Resident of Village - Jhanjhara, P.S. - Pasaraha, District- Khagaria, ow dismissed from the post of GDSBBPM, Bansgopal, B.O. ac Chousa S.O. Sahasa Postal Division, Saharsa - 852216. 2.
The Chief Post Master General, Bihar Circle, G.P.O. Complex, Patna - 800001.
3.
The Post Master General, Eastern Region, Bhagalpur - 812001. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Jha, Sr. CGC Mr.Ram Tujabh Singh, CGC For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE RANA VIKRAM SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) Date : 15-07-2026 The present writ petition has been filed challenging the order dated 12.01.2026, passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the "learned CAT") in O.A. No. 050/00598/2024, whereby and whereunder the O.A. has been allowed with the following directions:-
2/4 (i) Dismissal Order, i.e. Memo No. A-H-16/76/CHI dated 16/20.06.2022 (Annexure-A/6), Appellate Order, i.e. Memo No. Vig./ER/Appeal/ GDS/Manish Kr/SHS/2022 dated 17/18.10.2023 (Annexure-A/8) and Revisional Order i.e. Memo No. Vig./ER/RP/GDS/Manish Kr/SHS/2024 dated 08/19.02.2024 (Annexure-A/10) are hereby quashed and set aside.
(ii) As a consequence the applicant is to be reinstated with consequential relief to be decided by the respondents as per the law and procedure for this intervening period that is from the dismissal to the reinstatement. The respondents are at liberty to complete the inquiry by suitably modifying the list of witnesses in the charge memorandum and affording the applicant an opportunity to cross examine the author/signatory to the very basis of the charge leveled against him mentioned at point (d) above.
2.
We may at the inception note that since we do not intend to interfere with the impugned order dated 12.01.2026, no notice is being issued to the respondent no. 1.
3.
At the very outset, Mr. Subodh Kumar Jha, the Ld. Senior Central Government Counsel, who is appearing in the present case for the petitioners, has submitted that now the petitioners do not intend to assail the impugned order dated 12.01.2026, however they are seeking a clarification regarding the observations made in paragraph No. 7 (a) & (b) of the impugned order which are not factually totally correct as would be
3/4 apparent from a bare perusal of the documents referred to therein, which form part of the written statement filed by the petitioners herein before the learned CAT and have been placed at running page Nos. 52 and 53 of the brief.
4.
It is submitted by the Ld. Senior Government Counsel that the Superintendent of Post Offices, Saharsa Dn., Saharsa had written a letter dated 05.10.2016 to the Secretary, Bihar Sanskrit Shiksha Board, Patna (Bihar) regarding re-verification of mark-sheets of 15 persons, including the respondent herein, who were engaged on the post of GDS. In response to the said letter dated 05.10.2016, the Examination Controller, Bihar Sanskrit Shiksha Board, Patna (Bihar) vide letter dated 14.05.2018, while enclosing a list of 15 candidates, had informed the Superintendent of Post Offices, Saharsa Dn., Saharsa that as far as the candidates listed at serial Nos. 01 to 08 of the said list are concerned, the mark-sheets have been found to be uniform while the mark-sheets of the candidates named at serial Nos. 09 to 15, including that of the respondent no. 1 herein, have not been issued by the Board's Office. 5.
Having regard to the submissions made by the Ld. Senior Central Government Counsel, we are of the considered opinion that the contents of any document cannot be altered by any
4/4 observation made in a judicial order and the same is not only required to be considered on its own face value by the Inquiry Officer but is also required to be proved by examining a competent witness by adhering to the rules of evidence. 6.
In light of the aforesaid, the present writ petition stands disposed of as not pressed.
(Mohit Kumar Shah, J) (Rana Vikram Singh, J) S.Sb/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 16.07.2026 Transmission Date N/A