Union Of India v. Ram Kishore Mishra

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10543 of 2020 ====================================================== Union of India through Udai Bhan Singh (M) aged about 51 years, the Secretary, Ministry of Personal and Public Grievances and Pensions, Department of Personnel and Training North Block, New Delhi. ... ... Petitioner/s

Versus

1.

Ram Kishore Mishra S/o Late Awadh Mishra, Puri Resident of Flat no. 301, Hope Shivalik Apartment, Anandpuri, Boring Canal Road, P.O. and P.S. Sri Krishna, District - Patna, presently posted as Jt. Secretary, Transport Department, Government of Bihar, Patna.

2.

Sohan Kumar Thakur, Son of Late Nilambaer Thakur, aged about not known, resident of Vill. and P.O. Muradpur, P.S. Nauhatta, Distt.- Saharsa at present posted at Jt. Chief Election Officer cum Jt. Secretary, Department of Election, Govt. of Bihar, Patna.

3.

Sanjay Kumar @ Sanjay Kumar, Son of Late Gopal Prasad, aged about not known, resident of Village - Srirampur, Vill. and P.O.- Bihta, Dist. - Patna at present posted as IT Secretary, Rural Works Department, Govt. of Bihar, Patna.

4.

Brijraj Rai, Son of Late Ramakant Rai, resident of Village and P.O.- Awathahi, Distt. Ghazipur (U.P.) at present posted as Jt. Secretary, Deptt. of Cabinet Secretariat, Govt. of Bihar, Patna.

5.

Birendra Kumar Mishra, Son of Sri Jaichandra Mishra, aged about not known, resident of Village and P.O. - Kothia, Via-Jhanjharpur, Distt.- Madhubani at present posted as Director, Land Acquisition, Deptt. of revenue and Land Reforms, Govt. of Bihar, Patna. 6.

Sunil Kumar, Son of Sri Harinarayan Prasad Verma, aged about not known, resident of 102-D Harendra Villa, Gardanibagh, Patna at present posted at District Magistrate, Lakhisarai, Bihar.

7.

Md. Naushad Yusuf, Son of Late Md. Yusuf Hasan, aged about not known, resident of 201, Noor Apartment, new Patliputra, P.S.- Patliputra, Patna, Distt.- Patna at present posted at District Magistrate, Begusarai, Bihar. 8.

Radheshyam Sah, Son of Late Laxmikant Shah, aged about not known, resident of Village and P.O. Jaipur, Distt. Banka, at present posted at Director, Animal Husbandry, Govt. of Bihar, Patna. 9.

Neel Kamal, Son of Late Kamla Prasad Mahto, aged about not known, resident of Village - Jawahar Nagar, P.O.- Khajaha, Distt. - Purnea, Bihar at present posted as O.S.D, Bihar Vikas Mission, Govt. of Bihar, Patna. 10.

Ashok Kumar Singh, Son of Late Krishna Padarath Sinha, aged about not known, resident of Village and P.O. - Brahmpura (M.I.T), P.S. Brahmpuram, Distt.- Muzaffarpur at present posted at Secretary, State Information Commission, Bihar, Patna.

11.

Ajay Kumar Srivastava, Son of Late Satyanarayan Prasad, aged about not known, Resident of Vill and P.O.- Brahmpura (M1. TPS Rampur, Distt.- Muzaffarpur at present posted at Secretary, State Information Commission,

Patna High Court CWJC No.10543 of 2020(22) dt.10-11-2022 2/3 Bihar, Patna.

12.

The State of Bihar through Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.

13.

The Principal Secretary, Department of General Administration, Govt. of Bihar, Old Secretariat, Patna.

14.

The UPSC thorugh its Secretary, Dholpur House, Sahjahan Road, New Delhi.

15.

Shri Shashi Kant Tiwari, Son of ............................................ aged about not known, 16.

Shri Narendra Kumar Singh, Son of ................................................ aged about not known, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Kanak Verma, Advocate For the Respondent/s :

Mr. Kumar Kaushik, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 10-11-2022 The present case is similar to that of Ram Kishore Mishra & Ors. vs. The Union of India & Ors. (CWJC No. 1109 of 2022) decided on 12.10.2022.

Learned counsel for the respondents submitted that the present case is similar to that cited decision (supra). Learned counsel for the petitioners submitted that in the light of para 10 and 11 of the order of the Tribunal the matter is required to be decided with reference to the relevant provision of law.

In the light of the aforesaid submission on behalf of the petitioners, the present petition stands disposed off in terms

Patna High Court CWJC No.10543 of 2020(22) dt.10-11-2022 3/3 of decision in the case of Ram Kishore Mishra (supra) leaving open all the contentions to be urged by the respective parties before the Central Administrative Tribunal in the afresh O.A. proceedings.

(P. B. Bajanthri, J) (Purnendu Singh, J) Vikash/- U