The Union Of India And ORS v. Rakesh Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16437 of 2017 ====================================================== 1.

The Union Of India through the General Manager, East Central Railway, Hajipur.

2.

The Chairman, Railway Recruitment Board, Muzaffarpur, Lichi Bagan, Muzaffarpur- 842001.

3.

The Secretary, Railway Recruitment Board, Muzaffarpur, Lichi Bagan, Muzaffarpur, Bihar.

4.

The Assistant Secretary, Railway Recruitment Board, Muzaffarpur, Lichi Bagan, Muzaffarpur- 842001 (Bihar).

... ... Petitioner/s

Versus

Rakesh Kumar Son of Parash Nath Pandey, Resident of C/o Randhir Kumar Ghee Shop, XTTI, Near Devi Mandir, P.S.- Digha, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Singh, Advocate For the Respondent/s :

Mr. Arbind Kumar Singh, Advocate Mr. Ajay Kumar Singh, Advocate Mr. Sandeep Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 19-07-2023 On 12.07.2023, the following order was passed. "None appears for the petitioner.

2. Pursuant to the order dated 19.02.2020, this Court is in receipt of handwriting experts opinion through Central Forensic Science Laboratory, Directorate of Forensic Science Services, Ministry of Home Affairs, Government of India, Hyderabad, Telangana State, in a sealed cover and it is opened in the Court.

3. One Sri P. Venugopala Rao, Assistant Director & Scientist 'C' "documents", CFSL, DOFSS, Hyderabad, who has given his opinion about the disputed handwriting of the respondent - Rakesh Kumar. He has expressed his opinion as under:-

Patna High Court CWJC No.16437 of 2017(10) dt.19-07-2023 2/2 "In short, there are no basic differences between the handwriting habits of these writings and signatures on inter se comparison.

The aforesaid similarities in the writing habits are significant and sufficient and their collective consideration leads me to the opinion of common authorship."

4. The aforesaid material is taken on record. Since there is no representation on behalf of the petitioner - Union of India & Ors., therefore, in order to give one opportunity, matter is deferred.

5. Re-list this matter on 19.07.2023.

6. Court Master is hereby directed to reseal the material in a sealed cover and keep it in file for perusal on the next date of hearing."

2. Today, learned counsel for the petitioner - Union of India & Ors., has been apprised about the report of Assistant Director & Scientist 'C' "documents", CFSL, DOFSS, Hyderabad. Having regard to the findings given by the expert, the petitioners have not made out a case so as to interfere with the order dated 01.06.2017 passed by Central Administrative Tribunal (for short "CAT") Patna Bench, Patna in O.A. No. 748 of 2012.

3. Accordingly, present writ petition stands dismissed. (P. B. Bajanthri, J) (Jitendra Kumar, J) Shoaib/- U