The Union Of India And ORS v. Md. Jubair And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2198 of 2015 In Civil Writ Jurisdiction Case No.10896 of 2011 ====================================================== 1.

The Union of India through the Chairman Railway Ministry 2.

The General Manager, Eastern Railway, Fairly Place, Kolkata (West Bengal).

3.

The Additional General Manager, Eastern Railway, Fairly Place, Kolkata (West Bengal).

4.

The Deputy General Manager, Eastern Railway, Fairly Place, Kolkata (West Bengal).

... ... Appellant/s

Versus

1.

Md. Jubair, Late Md Alluddin, Resident of Village- Minapur Police StationTown, Hajipur, District- Vaishali. 2.

Bipin Choubey, Constable, R.P.F. Posted at Bhagalpur, R.P.F. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Devendra Kumar Sinha Sr. Advocate Mr. Anil Singh Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 14-09-2017 Heard learned counsel for the parties.

Since the Learned Single Judge has given authority and liberty to the Railways authorities to recover the compensation or damages ordered by the Learned Single Judge from the persons responsible, the Court fails to understand as to why the Railways is trying to protect such kind of persons, whose conduct by no explanation can be said to be within the norms of

Patna High Court LPA No.2198 of 2015(2) dt.14-09-2017 2/2 rule of law.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) skm/- U