← Library
Patna High CourtCWJC/6694/2016disposed

The Union Of India And ORS v. Amar Singh

2016-05-20Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6694 of 2016 ===========================================================

1. The Union of India through its General Manager, East Central Railway, Hajipur.

2. The General Manager, 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

Amar Singh Son of Late Ram Vilash Singh Resident of Flat No. 102, Vilash Residency, Manna Singh Lane, North S.K. Puri, Post Office, Pataliputra, Police Station - Shree Krishnapuri, District- Patna - 800013. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar Sinha, AAG-2 Mr. Anil 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. 50/00140 of 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.6694 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 AFR/NAFR CAV DATE Uploading Date Transmission Date