The Union Of India v. Ashok Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15629 of 2019 ====================================================== 1.

The Union of India through the Secretary cum D.G., Department of Posts, Dak Bhawan, New Delhi-110001 2.

The Chief Postmaster General, Bihar Circle, Patna-800001 3.

The Postmaster General, Northern Region, Muzaffarpur-842002 4.

The Director of Postal Services, Northern Region, Muzaffarpur-842002 5.

The Superintendent of Post Offices, Siwan Division, Siwan 841226 6.

The Inspector Posts, Gopalganj West Sub Division, Hathwa, Siwan Postal Division, Siwan-841436 ... ... Petitioner/s

Versus

1.

Ashok Kumar Singh, Aged about 52 years, Gender- Male, S/o Sri Ramayan Singh, R/o Village- Khanpur, P.O. Lachhawar, P.S.-Thawe, DistrictGopalganj 2.

Sri Batte Tiwari, GDS MD, Rudrapur Branch Post Office in account with Kateya Sub Post Office under Gopalganj West Sub Division, Hathwa, Siwan Postal Division, Siwan-841436 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kamal, Advocate For the Respondent/s :

Mr. Hemant Kumar Karn, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 19-09-2019 Heard learned counsel for the petitioners and the learned counsel for the Respondent No. 1.

2. Learned counsel for the petitioners contends that at the interim stage the Tribunal has proceeded to grant a final relief and he relies on a recent judgment of this Court in C.W.J.C. No. 18459 of 2019 [The Union of India & Ors. Vs. Irshad Gani] and another

Patna High Court CWJC No.15629 of 2019 dt.19-09-2019 2/2 connected matters decided on 12.09.2019.

3. We agree with the aforesaid proposition, but from the records we find that the petitioners do not appear to have filed any application for vacating the interim order before the Tribunal.

4. Learned counsel for the respondent-applicant submits that the respondent-applicant has not filed any contempt application for compliance of the interim order nor does he propose to file any such contempt application in the event the matter is directed to be finally disposed of.

5. Accordingly, we dispose of this writ petition with liberty to the petitioners to file their application for recall of the interim order before the Tribunal itself, and in case such application is filed within 10 days from today, the same shall be disposed of along with the Original Application itself, if possible, preferably within three months.

(Amreshwar Pratap Sahi, CJ) (Ashutosh Kumar, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 19.09.2019 Transmission Date