Page No.# 1/3 vs Satyendra Nath
2022 Latest Caselaw 4784 Gua

                                                                    Page No.# 1/3

GAHC010065562021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/2413/2021

            UNION OF INDIA AND 3 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
            MINISTRY OF COMMUNICATIONS, DEPARTMENT OF POSTS, DAK
            BHAWAN, NEW DELHI-110001

            2: THE CHIEF POST MASTER GENERAL
             NORTH EAST CIRCLE
             SHILLONG-793001

            3: THE DIRECTOR POSTAL SERVICES
            ARUNACHAL PRADESH DIVISION
             ITANAGAR-791111

            4: THE DIRECTOR OF ACCOUNTS (POSTAL)
             NORTH EAST CIRCLE
             SHILLONG-79300

            VERSUS

            SATYENDRA NATH
            RETIRED ASSTT. POST MASTER (A/Cs), ITANAGAR HO, C/O SHRI
            SRIKANTA NATH, HOUSE NO. 162, OPPOSITE NETAJI SUBASH LANE,
            VIVEKANANDA ROAD, P.O.-SILCHAR-788007, DIST- CACHAR, STATE-
            ASSAM



Advocate for the Petitioner   : MR M KATO

Advocate for the Respondent : MD R ISLAM
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                                  BEFORE
                       HONOURABLE THE CHIEF JUSTICE
                   HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                    ORDER

Date : 05-12-2022 R.M. Chhaya, C.J.

Heard Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India for the petitioners.

By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner Union of India has challenged the order dated 18.09.2019 passed by the Central Administrative Tribunal, Guwahati in O.A. No.040/00353 of 2018.

The order impugned clearly points out that the matter pertains to refund of Rs.99,202/- to the respondent herein. The record also indicates that earlier the respondent approached the Tribunal by filing O.A. No.366/2016 which came to be disposed of by judgment and order dated 17.07.2017. As observed by the Tribunal in paragraph 9 of the impugned order, the matter was listed ten times before the Tribunal and except the statement that the learned Additional Central Government Standing Counsel did not receive instructions, no written statement was filed.

Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India states that non-filing of written statement has prejudiced the case of the petitioner before this Court and therefore, the matter deserves to be remanded back.

From the observation made in paragraph 9 of the impugned order, it appears that it is not the case of the petitioner that no opportunity was given but having availed as many as ten opportunities, no written statement was filed Page No.# 3/3

by the respondent Union of India for which the order cannot be faulted. Still, however, with a liberty to approach the Tribunal by filing a review petition with a further prayer to permit the petitioner to file written statement, the present petition is disposed of. If any such review petition is filed before the Tribunal, the same shall be considered in accordance with law by the Tribunal.

              JUDGE                            CHIEF JUSTICE



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