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Patna High CourtCWJC/19811/2019allowed

Pankaj Kumar v. The Union Of India

2019-09-24The Chief Justice-,Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19811 of 2019 ====================================================== Pankaj Kumar, male, aged about 45 years, Son of Krishna Prasad Singh, Resident of Mohalla- Chandmari Road, Azad Path, Post- Lohianagar, P.S.- Kankarbagh, District- Patna, Working as Senior Telecom Office Assistant, Office of the Sub-Divisional Engineer (Mobile-CCN), CTO Building, PGMTD, Patna- 800001.

... ... Petitioner/s

Versus

1.

The Union of India through the Chairman-Cum- Managing Director, Bharat Sanchar Nigam Limited, Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Newn Delhi- 110001.

2.

The Chief General Manager, Telecom, Bharat Sanchar Nigam Limited, Bihar Circle, Patna- 800001.

3.

The General Manager (ADMN), Office of the Chief General Manager, Telecom, Bharat Sanchar Nigam Limited, Bihar Circle, Patna- 800001. 4.

The Assistant General Manager (Estt), Bharat Sanchar Nigam Limited, Office of the Chief General Manager, Telecom, Bharat Sanchar Nigam Limited, Bihar Circle, Patna- 800001.

5.

The Assistant General of Manager (Recruitment), Bharat Sanchar Nigam Limited, Office of the Chief General Manager, Telecom, Bharat Sanchar Nigam Limited, Bihar Circle, Patna- 800001.

6.

The Principal General Manager, Bharat Sanchar Nigam Limited, Office of the Chief General Manager, Telecom, Bharat Sanchar Nigam Limited, Bihar Circle, Patna- 800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. M.P. Dixit, Advocate Mr. S.K. Dixit, Advocate Mr. Sanjay Kumar Choubey, Advocate Ms. Swastika, Advocate For the Respondent/s :

Mr. Rakesh Kumar

Patna High Court CWJC No.19811 of 2019 dt.24-09-2019 2/3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-09-2019 Having heard Shri M.P. Dixit, learned counsel for the petitioner and Shri Harendra Prasad Singh, learned counsel for the respondent-Bharat Sanchar Nigam Limited, this petition deserves to be allowed on the short ground that the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the Tribunal) has neither discussed the facts nor accorded reasons nor has arrived at any conclusion on the basis of any material on record that can be deciphered from the perusal of the order.

3. The order unfortunately is cryptic and short enough to be set-aside with a request to the Tribunal to deliver an order, keeping in view the principles laid down in Order-XX of the Civil Procedure Code.

4. The petition is therefore, accordingly, allowed.

5. The impugned order dated 15th April, 2019 is set-aside. The matter shall be re-heard and decided by the

Patna High Court CWJC No.19811 of 2019 dt.24-09-2019 3/3 Tribunal by a reasoned and speaking order, preferably within a period of three months.

(Amreshwar Pratap Sahi, CJ) (Ashutosh Kumar, J) Praveen-II/Shageer AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.09.2019 Transmission Date N/A