Patna High Court
The Union Of India vs Arun Kumar Shukla on 5 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4978 of 2020
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1. The Union of India through the Director General, Department of Posts, Dak
Bhawan, New Delhi.
2. The Chief Postmaster General, Bihar Circle, Patna.
3. The Postmaster General, Northern Region, Muzaffarpur.
4. The Director, Postal Services, Northern Region, Muzaffarpur.
5. The Superintendent, Railway Mail Service U Division, Muzaffarpur.
6. The Director Accounts of Post, Bihar, Patna.
... ... Petitioner/s
Versus
Arun Kumar Shukla, Son of Late R.K. Shukla, Ex HAS, RMS U Division,
Muzaffarpur, Resident of Kishoralaya Bhawan, Anandpuri Bibiganj,
Muzaffarpur - Vaishali (Bihar).
... ... Respondent/s
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Appearance :
For the Union of India : Mr. Sujeet Kumar Sinha, C.G.C.
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 05-12-2022
None appears.
On 04.08.2022, the following order was passed.
The respondent-Arun Kumar
Shukla was subjected to disciplinary
proceedings in framing of article of charges
on 27.07.2005 and it was concluded in
imposition of penalty on 11.05.2009.
Therefore, prima facie Arun Kumar Shukla
is not entitled to promotion w.e.f. 06.01.2006
for the reasons that on 06.01.2006 he was
facing disciplinary proceedings followed by
punishment on 11.05.2009. Issue notice to
Patna High Court CWJC No.4978 of 2020 dt.05-12-2022
the respondent by both processes.
Requisites etc. must be filed by learned
counsel for the petitioner within two weeks.
Relist this matter on 15.09.2022.
Personal appearance of the Chief Post
Master General, Mr. Kishan Kumar Sharma
who is present in Court stands dispensed
until further orders.
Thereafter, in order to give one more opportunity
relating to status of service of notice to the respondent it was
adjourned. The registry has taken note of service of notice that
notice was received by the daughter-in-law of the respondent.
Further on 07.11.2022 in order to give one more opportunity
matter is listed today. Today also there is no representation. In
the light of the order dated 04.08.2022, the respondent is not
entitled to promotion w.e.f. 06.01.2006. In view of the fact that
article of charges issued on 27.07.2005. In other words
procedure are that if inquiry has been initiated by framing
charge in that event promotion of an employee would be
deferred. In the present case, the respondent was punished on
11.05.2009 and we are not having material information as to
whether the order of punishment has been set aside by
competent authority/forum or not? In the light of these facts and
circumstances the Tribunal has committed error in not noticing
that as on the date of promotion sought by the respondent on
Patna High Court CWJC No.4978 of 2020 dt.05-12-2022
06.01.2006, he was facing disciplinary proceedings and it was
concluded in imposition of penalty on 11.05.2009. Therefore,
Tribunal has committed error in allowing the respondent's O.A.
No. 235 of 2015 dated 23.01.2019.
Accordingly, order dated 23.01.2019 passed in O.A.
No. 050/00235/2015 is set aside and reliefs sought in O.A. No.
050/00235/2015 stands rejected, reserving liberty to the
concerned respondent to approach the authorities in the event of
quashing of the penalty order by the competent authority/forum.
(P. B. Bajanthri, J)
( Purnendu Singh, J)
minu/aditya
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 12.12.2022.
Transmission Date N.A.
