Santosh Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6067 of 2017 =========================================================== Santosh Kumar, S/o Suresh Tiwari, Resident of Mohalla- Budh Nagar, Road No.- 3, Near South Chandmari Road, District- Patna. .... .... Petitioner

Versus

1. The Union of India through the Secretary Cum D.G., Government of India, Ministry of Communications, Department of Post, Dak Bhawan, Sansad Marg, New Delhi.

2. The Director General, Government of India, Ministry of Communications, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi.

3. The Director (DE), O/O the Director General, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi.

4. The Assistant Director General (DE), O/o the Director General, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi.

5. The Chief Postmaster General, Bihar Circle, Patna.

6. The Asstt. Director (Recruitment), O/O Chief Postmaster General, Bihar Circle, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Hemant Kumar Karan For the Respondent/s : Mr. S.D. Sanjay (Addl. Soc. Gen.) Ms. Nivedita Nirvikar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 15-05-2017 Heard the counsel for the parties.

No interference is warranted with the order dated 18th November, 2016 because, as it is, the Tribunal was magnanimous enough to order re-evaluation and re-examination by an appointed expert because allegation was made that his copy was evaluated not in a fair and square manner. Once such a reassessment has been made,

Patna High Court CWJC No.6067 of 2017 dt.15-05-2017 2/2 the Tribunal rightly refused to sit in appeal over the said exercise. Even this Court is of the opinion that no leeway beyond what was extended by the Tribunal is required to be given because the Tribunals and the Courts cannot turn themselves into super-examiner and act at the behest of the examinee to beget a kind of result which he is looking for.

Writ has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.05.2017 Transmission Date NA