The Union Of India And ORS v. Chandra Shekhar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6566 of 2016 ===========================================================
1. The Union of India through its General Manager, East Central Railway, Hajipur.
2. The General Manger, Personnel, East Central Railway, Hajipur.
3. The Divisional Railway Manager, Danapur Division, Danapur.
4. The Senior Divisional Personnel Officer, Danapur Division, Danapur.
5. The Railway Board, through its Chairman, Rail Bhawan, New Delhi.
6. The Secretary, Railway Board, Rail Bhawan, New Delhi.
7. The Senior Divisional Finance Manager, Danapur.
8. The Senior Divisional Operating Manager, Danapur. .... .... Petitioner/s
Versus
Chandra Shekhar, Son of late Guru Nanak Prasad, Resident of Kannu Lal Road, Mithapur, Patna, Post Office- GPO, P.S- Jakkanpur, District- Patna 80003. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Devendra Kumar Sinha, AAG-2 Mr. Bijoy Kumar Sinha, Advocate.
For the Respondent/s : Mr. Shailendra Kumar, Advocate. Mr. Umesh Pathak, Advocate Mr. Kamlesh Prasad Singh, Advocate.
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 20-05-2016 Heard Sri D.K. Sinha, learned Senior Counsel for the writ petitioners-Railways.
This writ petition has been filed being aggrieved by the order of the Central Administrative Tribunal, Patna Bench, Patna dated 20.02.2014 passed in O.A. No. 143/2014. Having gone through the order impugned, we are not inclined to interfere in the matter, inasmuch as, the Tribunal has not decided anything. The Tribunal has given liberty to the applicant
Patna High Court CWJC No.6566 of 2016 dt.20-05-2016 2/2 before, it to make a representation before the Railways, which representation would be considered in terms of the order of the Allahabad Bench of the Central Administrative Tribunal and the authorities would take a decision in the matter appropriate to the facts of the case. The matter being thus remanded for fresh consideration, we do not think it appropriate for us to interfere in the matter as there was no decision taken by the Tribunal. We are of the view that it is for the Department now to take a decision in the matter upon the representation as directed by the Tribunal. As the matter was decided by the Tribunal sometime back and the representation has not yet been decided, we are informed at the Bar that a contempt proceeding has been sought to be initiated. If the authorities take a decision in the matter within four months from today, the Tribunal will not proceed with the contempt proceeding as filed before it. With these observations, the writ petition stands disposed of.
(Hemant Gupta, J) (Ahsanuddin Amanullah, J) Sujit/Anjani U