Raj Kamal v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13736 of 2024 ====================================================== Raj Kamal, S/o Parmeshwar Sinha, resident of Mohalla-Kali Asthan, Shiv Narayanpur, P.O.-Rampur, P.S.-Rampur, District-Bhagalpur (Senior Assistant Loco Pilot, Asansol).
... ... Petitioner
Versus
1.
The Union of India through the General Manager, Eastern Railway, 17, Netaji Subhash Road, Kolkata, West Bengal (Pin-700001). 2.
The Additional Divisional Railway Manager, Eastern Railway, Asansol, District-Burdwan, West Bengal, Pin-713301. 3.
The Senior Divisional Personnel Officer, Eastern Railway, Asansol, DistrictBurdwan, West Bengal, Pin-713301. 4.
The Senior Divisional Electrical Engineer (O and P), Eastern Railway, Asansol, District-Burdwan, West Bengal, Pin-713301. 5.
The Senior Divisional Financial Manager, Eastern Railway, Asansol, District-Burdwan, West Bengal, Pin-713301. ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar, Advocate For the Respondent/s :
Dr. K.N. Singh, Sr. Advocate (ASGI) Mr. Maurya Vijay Chandra, Advocate Mr. Kumar Ravish, CGC Mr. Rohit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 02-05-2025 In the instant case, the petitioner has assailed the order of the Central Administrative Tribunal, Patna Bench, Patna dated 28.07.2023 passed in O.A. No. 050/000549 of 2023. Perusal of the same, it is evident that matter has been disposed of while remanding the departmental enquiry for which petitioner has given his consent. In the guise of implementation
Patna High Court CWJC No.13736 of 2024 dt.02-05-2025 2/2 of CAT order dated 28.07.2023, the concerned Authority is stated to have issued Charge Memo afresh. The same cannot be adjudicated in the present lis. He has a first Court of instance before the Central Administrative Tribunal in the light of Hon'ble Supreme Court decision in the case of L. Chandra Kumar V. Union of India & Ors. reported in (1997) 3 SCC261 read with the case of S.P. Sampath Kumar V. Union of India reported in (1987) 1 SCC 124.
2. Accordingly, Writ petition stands disposed of, reserving liberty to the petitioner to assail subsequent action of the Respondent in accordance with law before the appropriate Forum.
(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.05.2025 Transmission Date NA