R.K. Mathur (Loco Pilot Goods) vs Central Administrative Tribunal ...
2023 Latest Caselaw 7772 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- WRIT - A No. - 4369 of 2023
 

 
Petitioner :- R.K. Mathur (Loco Pilot Goods)
 
Respondent :- Central Administrative Tribunal And 5 Others
 
Counsel for Petitioner :- Satya Prakash Pandey,Jitendra Kumar Tripathi
 
Counsel for Respondent :- A.S.G.I.,Rajesh Tripathi
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Rajendra Kumar-IV,J.

Ms. Anju Srivastava, learned counsel has put in appearance on behalf of respondents no. 2 to 6.

Heard the learned counsel for the parties and perused the record.

Petitioner/original applicant was working on the post of Loco Pilot Goods. He was placed under suspension for a short period, thereafter, was charge-sheeted. Petitioner contested, accordingly, disciplinary proceeding came to be instituted. Petitioner was imposed punishment of reversion to a post in lower scale which was subsequently enhanced imposing dismissal.

Aggrieved, petitioner raised challenge to the order of punishment by filing Original Application No. 331/01002 of 2019 which came to be allowed by the learned Tribunal vide judgment and order dated 9.5.2022. Despite the impugned order of punishment was set aside and quashed, the railway authorities did not comply. Aggrieved, petitioner instituted a contempt petition being Civil Misc. Contempt Petition No. 126 of 2022 which came to be dismissed with observation that non compliance of the order of learned Tribunal gives a fresh cause of action to the petitioner and he may file a separate original application. The order reads thus:

"It appears from the argument and perusal of the record that this contempt petition has been filed in reference to the order dated 09.05.2022 passed in O.A. No. 1002 of 2019, 'R.K. Mathur vs. UOI & others. The last para of the aforesaid order shows that the order dated 29.06.2010 and 19.06.2018 passed by respondents were set aside by the impugned order. No any order for compliance was given by this Tribunal therefore that controversy was end. If after set- asiding the aforesaid order any claim of the applicant has been denied then fresh cause of action will arise and the applicant may file the fresh OA for the aforesaid relief. No matter of contempt is found. Hence, the contempt petition is dismissed with such liberty to file appropriate OA, if any, claim is denied by the respondents."

Learned counsel for the petitioner submits that after punishment order being set aside, status quo ante was restored i.e. petitioner should have been reinstated and the respondent railway authorities were required to comply the order of the Tribunal. On specific query, it is informed that railway authorities have not carried the order of the Tribunal allowing the original application of the petitioner in writ jurisdiction before this Court. In other words, the order passed in original application has attained finality.

We find merit in the submission of the learned counsel for the petitioner. The impugned order dated 01.12.2022 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad, in Civil Misc. Contempt Petition No. 126 of 2022, is set aside and quashed. The contempt petition is restored to its original file and number. Learned Tribunal shall proceed with the contempt proceeding in accordance with law expeditiously, having regard to the fact that the petitioner is retiring shortly within this year.

In view thereof, writ petition is allowed.

Order Date :- 17.3.2023

Mukesh Kr.