Amit Kumar v. East Central Railway Through Its General Manager And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17387 of 2018 ====================================================== Amit Kumar Son of Sri Binay Kumar Sinha, Resident of Bijay Nagar, P.S. Patrakar Nagar, B.H. Colony, Patna.

... ... Petitioner/s

Versus

1.

East Central Railway Through Its General Manager and Ors 3.

The Divisional Railway Manager, East Central Railway, Danapur. 4.

Additional Divisional Railway, East Central Railway, Danapur. 5.

Senior Divisional Engineer 3, East Central Railway, Danapur. 6.

Assistant Divisional EngineerL, East Central Railway, Danapur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 10-04-2023 None appears for the respective parties.

Matter is of the year 2018, the petitioner has assailed the noticed dated 31.07.2018.

Prima facie, the present writ petition is pre-mature, for the reasons that notice could be challenged under Article 226 only on the score that if there are any violation of rules or notice is issued by an incompetent authority. Both the ingredients are not forthcoming from the pleadings, therefore, one has to draw inference that the present writ petition is pre-mature. Accordingly, the present writ petition stands

Patna High Court CWJC No.17387 of 2018(5) dt.10-04-2023 2/2 dismissed as pre-mature.

At this stage, learned counsel for the respondentRailways appeared and he has no instructions relating to the later development of issuance of impugned show-cause notice, etc. In other words, there is no assistance from the respondents counsel. In this backdrop, if any, adverse order is passed against the petitioner in that event liberty is granted to challenge such actions before the appropriate forum.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) abhishekkr/- U