Shree Sheonath Prasad v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15355 of 2013 ====================================================== Shree Sheonath Prasad Son Of Late Nankhu Ram Resident Of Village/Mohalla Vijay Bigha Bakari Delha, P.S. Delha, District Gaya. .... .... Petitioner.

Versus

1. The Union of India Through General Manager Eastern Railway, Fairlie Place, 17, Netaji Subhash Road, Kolkata - 1

2. Divisional Railway Manager, Eastern Railway Mughalsarai

3. Senior Divisional Personal Officer, Eastern Railway Mughalsarai.

4. Divisional Mechanical Engineer (P) Eastern Railway, Mughalsarai. .... .... Respondents.

====================================================== Appearance :

For the Petitioner : Mr. Sujeet Kumar Gupta, Adv. For the Respondents : Mr. Rakesh Kumar Tiwari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 23-03-2015 Heard learned counsel for the petitioner and the respondents.

The petitioner, by this writ petition, has challenged the order of the Central Administrative Tribunal (hereinafter in short the 'Tribunal') whereby the Tribunal has refused to entertain the application of the petitioner for setting aside the order of dismissal. Petitioner was dismissed from service for unauthorized

Patna High Court CWJC No.15355 of 2013 (03) dt.23-03-2015 - 2 - leave in 1994. He has challenged the same before the Tribunal in the year 2008 i.e. 16 years after his dismissal. The Tribunal has not accepted the explanation for the delay.

Having considered the matter, we are not inclined to entertain this application as we are not sitting over the order of the Tribunal.

Accordingly, this application is dismissed.

(Navaniti Prasad Singh, J.) (Jitendra Mohan Sharma, J.) Trivedi/- U