The Union Of India v. Ramesh Kumar Thakur
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 8111 of 2026 ====================================================== 1.
The Union of India Through the Chief Postmaster General, Bihar Circle, GPO Complex, Patna - 800001.
2.
The Postmaster General, East Region, Bhagalpur - 812001. 3.
The Director of Postal Services, East Region, Bhagalpur - 812001. 4.
The Superintendent of Post Office, Saharsa Postal Division, Saharsa - 852201.
5.
The Inspector of Post, West Sub - Division, Saharsa - 852201. ... ... Petitioner/s
Versus
Ramesh Kumar Thakur Son of Ram Prasad Thakur, Resident of Village - Simraha, P.O. - Simraha, P.S. - Saharsa Kachhari, District- Saharsa, now dismissed from Post of GDS Packer, Bangaon, SO Saharsa Postal Division, Saharsa - 852202.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Tujabh Singh, Advocate For the Respondent/s :
====================================================== 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. 050/00599/2024, whereby and whereunder the O.A. has been allowed with the following directions:-
2/4 "(i) The dismissal order, i.e. Memo No. A-1/Bangaon/ Ramesh Kr. Thakur/11 dated 11.11.2022 (Annexure-A/6), Appellate Order issued vide Memo No. A-5/Saharsa/ Appeal/Ramesh Kr Thakur/Bangaon/2023 dt. 19.07.2023 (Annexure-A/8) and Revisional Order i.e. Memo No. Vig/ER/RP/R.K. Thakur/SHS/2023 dated 03.05.2024 (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 sole respondent.
3.
At the very outset, the learned counsel appearing for the Union of India, 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
3/4 factually totally correct as would be 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. 136 to 138 of the brief.
4.
It is submitted by the learned counsel appearing for the Union of India 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 28 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 28 candidates, had informed the Superintendent of Post Offices, Saharsa Dn., Saharsa that as far as the candidates listed at serial Nos. 01 to 15 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. 16 and 17 have been canceled and the mark-sheets of the candidates named at serial Nos.18 to 28 including that of the sole respondent herein, have not been issued by the Board's Office.
4/4 5.
Having regard to the submissions made by the learned counsel appearing for the Union of India, we are of the considered opinion that the contents of any document cannot be altered by any 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 off as not pressed.
(Mohit Kumar Shah, J) (Rana Vikram Singh, J) GAURAV S./- AFR/NAFR NAFR CAV DATE Uploading Date 17.07.2026 Transmission Date