Patna High CourtCWJC/14573/2014dismissed

Uday Kumar v. The Union Of India And ORS

2016-04-05Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14573 of 2014 =========================================================== Uday Kumar, S/o Late Basudeo Prasad, Resident of Village- Kharkhura, P.O. & P.S. Kharkhura, District Gaya.

.... .... Petitioner

Versus

1. The Union of India through the Postmaster General, Bihar Circle, Patna-1.

2. The Superintendent of RMS (Rail Mail Service), Division Gaya -823001. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Ravindra Kumar Sinha, Advocate. For the Respondents : Mr. Sanjay Kumar, ASG =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 05-04-2016 Heard learned counsel for the petitioner and the State.

2. The challenge in the present writ application is to an order dated 19th of December, 2013 passed in M.A. No. 409 of 2013, whereby an application of the petitioner for initiation of contempt proceedings for violation of the order dated 25th of October, 2011 passed by the Central Administrative Tribunal, Patna Bench, Patna (for short "the Tribunal") in O.A. No. 87 of 2011 was dismissed as barred by limitation.

3. On 25th of October, 2011, the Tribunal directed the respondents to re-examine the case of the applicant for appointment on compassionate ground within a period of three months of the receipt/production of a copy of the order.

Patna High Court CWJC No.14573 of 2014 dt.05-04-2016 2 /2

4. In the counter affidavit filed in the present writ application the stand of the respondents is that the petitioner did not submit any representation nor submitted any copy of the order.

5. In view of the aforesaid facts, we do not find any error in the order passed by the Tribunal, but in the interest of justice, we grant liberty to the petitioner to submit a representation within one month under registered cover with A/D and that the respondents shall consider the same within next three months.

6. The writ application is, thus, disposed of. (Hemant Gupta, J) (Ahsanuddin Amanullah, J) P.K.P./Sujit N.A.F.R.