Union Of India v. Anil Kumar Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24020 of 2013 ====================================================== Union Of India Through Divisional Railway Manager (Personnel), North Forntier Railway, Katihar, Bihar .... .... Petitioner/s

Versus

1. Anil Kumar Singh S/O Late Surya Narayan Singh Working As Technician- I (Telecom), Office Of Senior Section Engineer (Telecom), North Frontier Railway, Katihar, Bihar

2. General Manager, N.F. Railway, Maligaon, Guwahati 3. General Manager (Personnel), N.F. Railway, Maligaon, Guwahati Null Null

3. Divisional Railway Manager, N.F. Railway, Katihar, Bihar

4. Senior Divisional Signal And Telecom Engineer, N.F. Railway, Katihar, Bihar

5. Sri Vinod Kumar, Divisional Railway Manager (Personnel), North Frontier Railway, Katihar, Bihar

6. Sri V.K. Choudhary, Senior Divisional Signal And Telecom Engineer, N.F. Railway, Katihar, Bihar

7. Senior Divisional Financial Manager, North Frontier Railway, Katihar, Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar Sinha, Sr. Adv. Mr. Siddhartha Prasad, Adv.

For the Respondent/s : Mr. M.P. Dixit, Adv. Mr. Sanjay Kumar Choubey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER (Per: HONOURABLE MR. JUSTICE V.N. SINHA) 02-11-2015 Respondent has filed counter affidavit which is taken on record.

Heard learned counsel for the railways and the counsel for respondent no.1 who has also filed counter affidavit. Having heard counsel for the parties and having considered the fact that Prashant Kumar whose copy has been

Patna High Court CWJC No.24020 of 2013 (5) dt.02-11-2015 directed to be reevaluated by the Tribunal under the impugned order dated 28.08.2013 passed in O.A. No.282 of 2012 (Annexure-6) was not heard by the Tribunal before the said order was passed as he was not a party before the Tribunal, we set aside the order dated 28.08.2006 (Annexure-6) and direct the respondent herein the applicant before the tribunal to implead Prashant Kumar as respondent no.9 and after notice to respondent no.9 before the Tribunal, learned Tribunal shall pass a fresh order as early as possible in any case within two months from the date on which respondent is impleaded.

The writ petition is, accordingly disposed of. (V.N. Sinha, J.) (Aditya Kumar Trivedi, J.) PN/- U