Pawan Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20573 of 2025 ====================================================== Pawan Kumar Son of Late Dileshwar Yadav, Resident of Village- Manjhala Khurd, P.O.- Dumari Chatti, Police Station- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

1.

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

2.

The Chief Personnel Officer, East Central Railway, Hajipur. 3.

The Divisional Railway Manager, Dhanbad Division, P.O. Dhanbad, District- Dhanbad.

4.

The Senior Divisional Personnel Officer, Dhanbad Division, East Central Railway, P.O. Dhanbad, District- Dhanbad.

5.

The Station Superintendent, Gajhandi Railway Station, P.O. Gajhandi, District- Koderma (Jharkhand).

6.

Sunita Devi, Ist Wife of Late Dileshwar, resident of Village- Ambatari, Police Station- Mohanpur, District- Gaya.

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

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Sr. Advocate Mr. Varun Krishna, Advocate Mr. Venkatesh Kaushik, Advocate Mr. Rajeev Kumar, Advocate For the UOI :

Mr. Naresh Dikshit, Advocate Ms. Kalpana, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 10-03-2026 The present writ petition has been filed assailing the order dated 10.10.2025 passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as "the learned CAT") in O.A./050/00719/2025 whereby and whereunder the learned CAT has dismissed the original application filed by the petitioner herein in limine

Patna High Court CWJC No.20573 of 2025(4) dt.10-03-2026 2/3 without deciding the merits of the case of the petitioner on the ground that a civil review petition bearing Civil Review No.173 of 2021, filed by the respondent no.6 herein before the Hon'ble Patna High Court is pending consideration.

2. The learned counsel for the petitioner has pointed out that the said civil review petition has been dismissed for want of prosecution by an order dated 03.09.2025 passed by a co-ordinate Bench of this Court and the petitioner was arrayed as opposite party no.6 in the said civil review petition, hence the petitioner be granted liberty to file a review petition before the learned CAT, seeking review of the impugned order dated 10.10.2025 and hearing of the case on merits.

3. The learned counsel for the respondent No.1 to 5 has no objection.

4. Accordingly, this Court deems it fit and proper to grant liberty to the petitioner to file a review petition before the learned CAT seeking review of the impugned order dated 10.10.2025, in view of the fact that the civil review petition filed by the respondent no.6 herein before this Court has stood dismissed for want of prosecution by a co-ordinate Bench of this Court vide order dated 03.09.2025.

5. It is needless to state that this Court has not

Patna High Court CWJC No.20573 of 2025(4) dt.10-03-2026 3/3 expressed any opinion on the merits of the case.

6. Accordingly, the present writ petition stands disposed off with the aforesaid liberty reserved to the petitioner. (Mohit Kumar Shah, J) (Arun Kumar Jha, J) kanchan/- U