Union Of India Thr. Its Secretary ... vs Rajesh Kumar Singh And Another
2023 Latest Caselaw 1802 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 
Case :- WRIT - A No. - 14464 of 2017
 
Petitioner :- Union Of India Thr. Its Secretary And 2 Others
 
Respondent :- Rajesh Kumar Singh And Another
 
Counsel for Petitioner :- Manoj Kumar Singh,Mr. Ashok Mehta
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Rajendra Kumar-IV,J.

Heard Shri Manoj Kumar Singh, learned counsel for the petitioner-Union of India and perused the record.

The instant writ petition is directed against the judgment and order dated 9 September 2016 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (for short 'Tribunal') in Original Application No. 245 of 2004 (Rajesh Kumar Singh vs. Union of India and Others).

The respondent, original applicant, filed original application challenging the dismissal order. Learned Tribunal after considering the relevant contention and on perusal of the record, passed the following order:

"27. Since much water has flown from the order passed in earlier O.A. by this Tribunal, i.e., in 2006 and now we are in 2016, and in the mean time the applicant was reinstated and removed from service again and applicant has already attained the age of superannuation on 29.2.2016, we are left with no option but to send the matter back to the appellate authority to pass appropriate order other than order of removal from service in the light of observations of this order an observations of the order passed by the High Court and Tribunal at different levels which are also inflicted or reflected in this order."

Aggrieved, petitioner filed a review application which also came to be dismissed.

We have heard the learned counsel for the petitioner and perused the material placed on record.

Learned counsel for the petition has failed to point out any illegality, infirmity, perversity or jurisdictional error in the impugned order.

Accordingly, writ petition is dismissed.

The petitioner-department to comply the order of the Tribunal, if already not complied, within four weeks from date of communication of this order by the learned counsel for the petitioner.

Order Date :- 17.1.2023

Mukesh Kr.