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Patna High CourtCWJC/20518/2018dismissed

Bijay Prasad v. The Union Of India And ORS

2022-07-28Mr. Justice P. B. Bajanthri,Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20518 of 2018 ====================================================== Bijay Prasad Son of Late Dukhi Prasad, Sr. Loco pilot, Goods Electrical, Gomoh, E.C. Railway. Dhanbad R/o Qr.. No. 447/CD street no. 06, South Colony, Gomoh, At P.O. and P.S. Gomoh, Distt. - Dhanbad ... ... Petitioner/s

Versus

1.

The Union Of India 2.

The Divisional Railway Manager, Dhanbad Division, E.C. Railway, Dhanbad. At, P.O. Distrcit - Dhaba 3.

The Senior Divisional Personnel Officer, Dhanbad Division, E.C. Railway, Dhanbad. At P.O. and Distt ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushant Kumar Dutta, Advocate Mr. Sadan Kumar Singh, Advocate For Railway/U.O.I.

:

Mr. Kumar Priya Ranjan, CGC Mr. Ankur Apurv Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 28-07-2022 On 23.06.2022 following order was passed:- "The matter relates to selection and appointment to the post of Chief Loco Inspector (Electric) in the office of the Senior Divisional Electrical Engineer (Operations), Dhanbad. The petitioner is one of the candidate for recruitment.

In the competitive examination he is not entitled to marks to four questions, namely, question no.5, 28(a), 29(a) and 29(e). In support of the respondents model answer, material information is required to be examined, since the petitioner has disputed with reference to certain materials. Therefore,

Patna High Court CWJC No.20518 of 2018 dt.28-07-2022 2/3 the respondent railway authorities are hereby directed to draft an official who is well conversant with the process of selection and appointment to the post of Chief Loco Inspector (Electric) and who is aware of the questions and model answers with a material information. Such arrangement shall be made by the respondents on the next date of hearing. If the respondents intends to place on record any material information in that event copy of the same shall be made available to the learned counsel for the petitioner in advance.

Re-list this matter on 21.07.2022."

2. Respondent- Railway Authorities on 21.07.2022 made available the information relating to question and model answer read with material information in support of model answer in the form of supplementary affidavit.

3. Learned counsel for petitioner was asked to peruse the supplementary counter affidavit and its contents including East Central Railway working time-table of Dhanbad Division notified on 1st October, 2015 which contains the material information in support of model answer to the question. The petitioner was satisfied that there are no discrepancies in the model answer which were under dispute.

4. In the light of these facts and circumstances, petitioner has not made out a case so as to interfere with the

Patna High Court CWJC No.20518 of 2018 dt.28-07-2022 3/3 order dated 15.12.2017 of the Central Administrative Tribunal passed in O.A. No. 050/00776/2017.

5. Accordingly, the present petition stands dismissed.

(P. B. Bajanthri, J) ( Rajiv Roy, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 04.08.2022 Transmission Date