Arun Kumar Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12949 of 2025 ====================================================== 1.

Arun Kumar Singh Son of Sri Paras Nath Singh, Chief Law Assistant, East Central Railway, Hajipur, Resident of Aparna Colony, Ram Jaipal Nagar, P.S. Rupaspur, Dist. - Patna.

2.

Jyoti Prakash, Son of Late Prabhakar Prasad Sinha, Inquiry Inspector, East Central Railway, Hajipur, Resident of village- Barkajpur, P.S. - Simari, Dist. - Buxar.

... ... Petitioner/s

Versus

1.

The Union of India through The Secretary, Ministry of Railway, Railway Board, Rail Bhawan, New Delhi- 110001.

2.

The Deputy Director-II, Establishment (GP), Ministry of Railway, Rail Bhawan, New Delhi- 110001.

3.

The Director (Establishment) Ministry of Railway, Rail Bhawan, New Delhi- 110001.

4.

The General Manager, East Central Railway, Hajipur, P.O. Digghi Kalan, P.S. Hajipur, District- Vaishali (Hajipur).

5.

The Principal Chief Personnel Officer, East Central Railway, Hajipur, P.O. Digghi Kalan, P.S. Hajipur, District- Vaishali (Hajipur). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Singh, Sr. Advocate Mr. Prasoon Shekhar, Advocate Mr. Avinash Singh, Advocate Ms. Shambhavi Singh, Advocate Mr. Sumit Kumar, Advocate For the Respondent/s :

Mr. Dr. K.N. Singh, ASG Mr. Subodh Kumar Jha, Sr. CGC Mrs. Arehana, CGC Mr. Ram Tujabh Singh, CGC Mr. Birendra Kant Chaudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) Date : 17-03-2026 Heard the learned senior counsel for the petitioners, Mr. Shekhar Singh assisted by Mr. Prasoon Shekhar,

Patna High Court CWJC No.12949 of 2025 dt.17-03-2026 2/3 Advocate and the leaned Additional Solicitor General for the respondents, Dr. K.N. Singh, Senior Advocate assisted by Mr. Subodh Kumar Jha, Senior CGC and other counsels.

02. We have been taken through the reasoned and speaking order dated 19.08.2025 passed by the Deputy CPO/Gaz/ECR, East Central Railway/Hajipur, which has been passed in compliance of the impugned order dated 25.07.2025 passed by the learned Central Administrative Tribunal, Patna (hereinafter referred to as 'CAT') in O.A. No. 050/00534/2025.

03. At the outset, the learned senior counsels for the parties do not dispute the fact that the veracity of the aforesaid order dated 19.08.2025 passed by the learned Deputy CPO, ECR is required to be first tested before the learned CAT. Thus, it is submitted by the learned senior counsel for the petitioners that the petitioners be granted liberty to approach the learned CAT for challenging the said order dated 19.08.2025 but in the meantime, the interim order dated 13.08.2025 passed in the present case may be directed to be continued.

04. Having regard to the facts and circumstances of the case and considering the submission made by the learned senior counsels for the parties, we grant liberty to the petitioners to file Original Application before the learned CAT challenging

Patna High Court CWJC No.12949 of 2025 dt.17-03-2026 3/3 the aforesaid order dated 19.08.2025, within a period of two weeks from today, whereupon the learned CAT shall ensure that the pleadings are completed within a period of four weeks. We further request the learned CAT to dispose of the said Original Application to be filed by the petitioners within a period of two weeks thereafter.

05. It is needless to state that till the disposal of the aforesaid Original Application to be filed by the petitioners, the interim order dated 13.08.2025, passed by this Court earlier in the present case shall continue. Nonetheless, it is clarified that in case the petitioners fail to file the Original Application within a period of two weeks from today, before the learned CAT, the interim order dated 13.08.2025 shall stand vacated.

06. The present writ petition stands disposed off on the aforesaid terms, with the consent of the parties. (Mohit Kumar Shah, J) ( Arun Kumar Jha, J) DKS/Anuradha AFR/NAFR NAFR CAV DATE NA Uploading Date 20.03.2026 Transmission Date NA