Kanhaiya Jha v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24293 of 2018 ====================================================== Kanhaiya Jha Son of late Baldeo Jha retired Sub Postmaster, Balua Bazar, so under Saharsa Division at and P.O.- Balua Bazar, District- Supaul. ... ... Petitioner/s

Versus

1.

The Union Of India through the Secretary, Ministry of Communication, Department of Post, New Delhi.

2.

The Assistant Director General(V.P.), Department of Post, New Delhi. 3.

The Postmaster General, Bihar, Patna.

4.

The Superintendent of Post Office, Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Respondent/s :

Mr.S.D Sanjay Addl. Soc. Gen.

:

Mr. Awadhesh Kr. Pandey, Sr. Panel counsel :

Mr. Saket Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-06-2022 The present writ petition has been filed for grant of pensionary benefits to the petitioner on the ground that the petitioner has stood acquitted in the pending criminal case bearing Triveniganj PS case no. 17 of 1993 (Trial no. 241 of 2018) vide judgment dated 24.07.2018, passed by the learned court of A.C.J.M. II, Supaul.

The records would reveal that the petitioner was inflicted with an order of punishment dated 23.02.2000, whereby and whereunder full pension and gratuity of the petitioner was directed to be withheld permanently. The petitioner had challenged the said order of punishment dated

Patna High Court CWJC No.24293 of 2018(4) dt.22-06-2022 2/2 23.02.2000 before the learned Central Administrative Tribunal, Patna Bench, Patna in O.A. no. 81 of 2006, however the same had stood dismissed. Thereafter, the petitioner had challenged the order dated 27.05.2011, passed by the learned Central Administrative Tribunal, Patna Bench, Patna before this Court by filing C.W.J.C. no. 23180 of 2011, however the same has also stood dismissed by the learned Division Bench of this Court vide order dated 07.02.2012, passed in C.W.J.C. no. 23180 of 2011.

Faced with the aforesaid situation, the learned counsel for the petitioner seeks to withdraw the present petition with liberty to move the Central Administrative Tribunal, Patna Bench, Patna for review of the order dated 27.05.2011, passed in O.A. no. 81 of 2006 or seek any other remedy as is available under the law.

Accordingly, the present petition stands dismissed as not pressed, however with the aforesaid liberty. (Mohit Kumar Shah, J) rinkee/- U