The Union Of India And ORS v. Raju Kumar Yadav

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5161 of 2018 ====================================================== 1.

The Union of India through the Chief Postmaster General, Bihar Circle, Patna-800001.

2.

The Postmaster General North, Muzaffarpur - 842002. 3.

The Superintendent of Post Offices, Champaran Division, Motihari- 845401. 4.

The Inspector Posts, South Sub-Division, Motihari 845401. ... ... Petitioner/s

Versus

Raju Kumar Yadav, Son of Shir Shambhu Prasad Yadav, Resident of VillageBansghat Masuriya, P.O.- Maharani, Via- Dighwadubauli, DistrictGopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S. D. Sanjay, A. S. G.

Mr. Raj Kamal, C.G.C.

Mr. Mohit Agrawal, C.G.C.

For the Respondent/s :

Mr. Sekhar Singh, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-11-2019 Heard learned counsel for the parties.

The instant application has been filed for following relief:- "It is, accordingly prayed that Your Lordship may graciously be pleased to issue notice to respondent and after hearing both the parties be pleased to set aside the judgment and order dated 05.01.2018 passed in O.A. No. 050/0013/2018 (Raju Kumar Yadav Vs. The Union of India & Ors.) passed by the Central Administrative Tribunal, Patna Bench."

Patna High Court CWJC No.5161 of 2018(5) dt.22-11-2019 2/3 The operative portion of the order impugned herein (paragraph nos. 4 and 5) reads as follows:- "4. In such situation, we feel that respondents should immediately revoke the put off duty order and allow the applicant to join his duties. The applicant has also submitted that he preferred a representation before the Post Master General, (North) Muzaffarpur, which is yet to be decided by the said authorities.

5. In view of the above, we direct the respondent no.2, i.e. the Postmaster General (North), Muzaffarpur to dispose of the representation filed by the applicant within 30 days from this date and grant appropriate relief as applicable to the applicant in the light of the decision of the Hon'ble High Court and recalling of the cancellation by the Board."

After hearing the parties, as is mutually agreed, the first sentence of paragraph no. 4 of the impugned order, i.e., "In such situation, we feel that respondents should immediately revoke the put off duty order and allow the applicant to join his duties is interfered with" stand deleted. Inasmuch as the petitioner is allowed to approach the respondent authorities by way of a representation, which has to be considered in accordance with law and the judgment rendered by the Apex Court as well as by this Court.

All the materials annexed by the petitioner along with

Patna High Court CWJC No.5161 of 2018(5) dt.22-11-2019 3/3 the representations shall be considered in accordance with law. The impugned order is interfered with to the aforesaid extent only.

(Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) DKS/Amrendra U