Sanjay Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.170 of 2021 ====================================================== Sanjay Kumar S/o Bhagwan Das Yadav, R/o Bandi Tola, Kalyanpur, Maliyara, Nimchak Bathani, Atri, District - Gaya. ... ... Petitioner/s

Versus

1.

The Union of India through its Secretary Postal Department, Govt. of India, New Delhi.

2.

The Director General, Postal Department New Delhi. 3.

The Chief Postmaster General, Postal Department, Lucknow. 4.

The Superintendent RMS, BL Division Bareilly, U.P. 5.

The Inspector Shahjahapur, Railway Post System BL Mandal Moradabad U.P.

6.

The Sub Divisional Inspector (North), Shahjahapur, Railway Postal System BL Mandal Moradabad, U.P.

7.

The Bihar School Examination Board (Higher Secondary), Patna through its Secretary.

8.

The Chairman, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 15-12-2021 Heard learned counsels for the respective parties. In the instant petition, petitioner has prayed for the following reliefs:

"(i) To quash the order dated 21.05.2019 passed by the Superintendent Rail Mail service B.L. Division Bareilly whereby and whereunder the petitioner dismissed from service.

(ii) To further direct the respondent authority to reinstate the petitioner on his post with all consequential benefit."

Patna High Court CWJC No.170 of 2021 dt.15-12-2021 2/2 Undisputedly, petitioner is a postal employee. He has remedy of redressing his service condition before the Central Administrative Tribunal under the Administrative Tribunal Act, 1985. In terms of the Apex Court decision in the case of L. Chandra Kumar vs. Union of India and Others reported in (1997) 3 SCC 261 read with earlier decision like S.P. Sampath Kumar vs Union of India: (1987) ILLJ 128SC. Writ Court has no jurisdiction in respect of redressing the grievance of the Civil servant like the petitioner.

Accordingly, the present petition stands dismissed for want of jurisdiction, petitioner is at liberty to approach jurisdictional forum. The Tribunal/Board is hereby directed to take note of Section 14 of the limitation Act for the purpose of condonation of delay if any, in challenging the order of dismissal. (P. B. Bajanthri, J) Gaurav Kumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date