The Union Of India Through Its Chairman ... vs Santosh Kumar Dubey
2024 Latest Caselaw 9674 Jhar

Jharkhand High Court

The Union Of India Through Its Chairman ... vs Santosh Kumar Dubey on 26 September, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                  LPA No. 483 of 2024
                                          With
                                 I.A. No. 10552 of 2024

            The Union of India through its Chairman cum Chief Executive
            Officer, Ministry of Railway and others
                                                      ...     ...     Appellants
                                      Versus
            Santosh Kumar Dubey             ...          ...        Respondent
                                      ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY HON'BLE MR. JUSTICE ARUN KUMAR RAI

---

                For the Appellants        : Mr. Anil Kumar, ASGI
                                            Mrs. Nitu Sinha, CGC
                For the Respondent        : Mr. Indrajit Sinha, Advocate
                                          : Mr. Amrendra Pradhan, Advocate
                                          ---

04/26.09.2024         Learned counsel for the parties are present.

2. I.A. No. 10552 of 2024 has been filed to bring on record the representation dated 14.01.2022 which according to the writ petitioner (respondent in this case) was never disposed of and non-disposal of the same had caused prejudice to the writ petitioner. It has been submitted by the learned counsel for the respondent who has filed the interlocutory application (I.A. No. 10552 of 2024) that since it was not on record but it was mentioned in the writ petition, the same has sought to be brought on record through this interlocutory application.

3. Learned ASGI appearing for the appellant prays for time to respond to this interlocutory application.

4. At this, the learned counsel for the appellant has submitted that since there is an order to take back the writ petitioner with immediate effect, he has also filed a petition seeking stay of the impugned judgment passed by the learned Single Judge, therefore the operation, implementation and the execution of the impugned judgment be stayed.

5. To this, the learned counsel for the writ petitioner has submitted that the contempt petition is posted on 23.10.2024 before the learned Single Judge and he undertakes not to press the contempt application. He has submitted that instead of passing an order of stay his undertaking may be recorded.

6. It has also transpired during the court proceeding that the concerned connected record of decision to compulsorily retire the writ petitioner was also not brought on record by the Union of India in the counter affidavit. However, they have tried to justify the same by making statements in the counter affidavit.

7. Considering the nature of dispute involved in the present case, this court finds it proper to summon the files containing the entire proceeding which has been undertaken by the appellant in order to compulsorily retire the writ petitioner. Let the filed be produced before this Court in sealed cover.

8. With the consent of the parties, the matter is adjourned and is directed to be posted on 25.10.2024.

9. The reply to the I.A. should be filed by 15.10.2024.

10. Rejoinder, if any, by 24.10.2024.

11. The connected records in connection with the decision of the compulsory retirement to the writ petitioner be handed over to the learned court master on or before 24.10.2024.

12. Since the learned counsel for the writ petitioner has undertaken not to press the contempt petition, there is no requirement to pass any order on the stay petition as of now.

13. Post this case on 25.10.2024 at 10:30 A.M.

(Anubha Rawat Choudhary, J.)

(Arun Kumar Rai, J.) Binit