Patna High Court
The Union Of India vs Shri Dipak Kumar Singh on 9 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4833 of 2023
======================================================
1. The Union of India through the General Manager, East Central Railway,
Hajipur, P.O.- Hajipur, Dist- Vaishali (Bihar).
2. The General Manager (Personnel), East Central Railway, Hajipur, P.O.-
Hajipur, Dist- Vaishali (Bihar).
3. The Senior Divisional Personnel Officer, East Central Railway, Dhanbad
(Jharkhand).
4. The Chairman, Railway Recruitment Board, Ranchi, Jharkhand.
5. The Member Secretary, Railway Recruitment Board, Ranchi, Jharkhand.
... ... Petitioner/s
Versus
Shri Dipak Kumar Singh S/o Sri Raghunandan Prasad Singh, R/o Village-
Bindwara, Begumpur Tola, Near Airport, P.O.- Munger, District- Munger,
PIN Code- 811201 (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tuhin Shankar, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 09-05-2023
In the instant petition, petitioner has assailed the order
of the Central Administrative Tribunal (for short "CAT") dated
12.04.2022 passed in O.A. No. 050/00852/2016.
2. Shri Dipak Kumar Singh, who was a candidate for
recruitment to the post of Goods Guard and he was not selected
and his candidature was considered for alternative appointment
to the post of Enquiry cum Reservation Clerk, had approached
Patna High Court CWJC No.4833 of 2023 dt.09-05-2023
CAT, Patna Bench, Patna. CAT in O.A. No. 050/00866/2015
dated 27.11.2015 passed the following order:-
"The applicant has challenged the
present O.A. for the following reliefs:-
"8.1 To direct/command the
Respondents particularly Respondent No.2 to
issue offer of alternative appointment letter
to the post of Enquiry Cum Reservation Clerk
in favour of the Applicant under Category
No. 14 against Employment Notice
No.NTPC/ER/1/2007 without any further
delay which is being delayed unnecessarily
as evident from their Letter dated 09.09.2014
as contained in Annexure - A/8.
8.2 To grant all consequential
benefits in favour of the Applicant including
arrears of pay, seniority etc. at par with other
selected persons on the basis of same
employment notice".
2. Ld. counsel for applicant draws
attention of the Tribunal to letter dated 09.09.2014
(Annexure - A/8) wherein steps have been taken by
sending the dockets of the applicant to G.M. (P),
E.C.R., Hajipur along with copy of medical fitness
(B2 & below) in connection with adjustment in
alternative posts. As the matter is still under
consideration of respondent No.2, the O.A. is
disposed of with a direction to respondent No.2 to
take a decision in the matter in the light of their
own circulars and guidelines, treating this O.A. as
an additional representation, preferably within a
period of three months from the date of
receipt/communication of this order.
The O.A. is disposed of without
passing any order on merit at pre admission stage.
A copy of this order be transmitted to respondent
No.2 for necessary compliance at his end."
3. Thereafter, representation of respondent - Shri
Dipak Kumar Singh was rejected on 18/19.10.2016. Feeling
aggrieved by the rejection of his representation, he has filed one
more O.A. No. 050/00852/2016 and it was decided in his favour
Patna High Court CWJC No.4833 of 2023 dt.09-05-2023
on 12.04.2022 by the CAT, hence, the present petition.
4. Learned counsel for the petitioner vehemently
contended that CAT has committed error in not noticing that
there is a delay and laches on the part of the respondent - Shri
Dipak Kumar Singh, since, he had a cause of action in the year
2009. He had approached the CAT in the year 2015 and
obtained an order for consideration of representation or
grievance which was pending consideration before the 2nd
respondent and it was disposed of asking the respondent to file
additional representation preferably within a period of three
months from the date of receipt/communication of the order of
CAT.
5. It is to be noted that cause of action accrued to the
petitioner - department as and when CAT decided O.A. No.
050/00866/2015 dated 27.11.2015 so as to contend that there
was a delay and laches on the part of the respondent in
approaching CAT. In other words, they had a remedy of filing
writ petition before this Court against the order dated
27.11.2015 in the light of Apex Court's decision in the case of
L. Chandra Kumar V. Union of India & Ors. reported in
(1997) 3 SCC 261 judgment. On the other hand, they have
accepted the order of CAT dated 27.11.2015 passed in O.A. No.
Patna High Court CWJC No.4833 of 2023 dt.09-05-2023
050/00866/2015 and proceeded to consider the respondent's
representation and rejected his grievance on merits and not on
the score that grievance of the respondent was belated one or
stale claim. The petitioners are not entitled to take the
contention of delay and laches in the second round litigation in
O.A. No. 050/00852/2016, since earlier order dated 27.11.2015
has attained finality among the petitioner and contesting
respondent.
6. Learned counsel for the petitioner submitted that
with these material information, the CAT should have rejected
(respondent's O.A. No. 050/00852/2016 decided on
12.04.2022), at threshold on the ground of delay and laches. On
this point, learned counsel for the petitioner relied on Apex
Court's decision passed in SLP (C) No. 3008 of 2022 in the case
of Surjeet Singh Sahni Vs. State of U.P. & Ors., and he is
relying on para-4. The cited decision does not assist the
petitioner for the reasons that petitioner had cause of action
insofar as contending delay and laches arose before the CAT in
O.A. No. 050/00866/2015 and opposing the directions of the
CAT to consider the respondent's claim/representation or
submission of additional representation by the respondent.
Further, they had a remedy of filing writ petition before this
Patna High Court CWJC No.4833 of 2023 dt.09-05-2023
Court against the order of CAT dated 27.11.2015. Thus, decision
dated 27.11.2015 passed by the CAT has attained finality among
the respective parties. In the second round litigation, the
petitioner is taking the contention that there was a delay and
laches, the same cannot be accepted. It is noticed from para-3 of
the O.A. No. 852 of 2016, respondent has stated that O.A. is
within the limitation. At the same time, petitioner in the written
statement at para-16, it is stated that insofar as para-3 of O.A. is
concerned that "No Comments". Therefore, to defeat the
decision of CAT for the first time, petitioner-department raised
the issue of delay and laches in filing O.A. by the respondent.
Whereas petitioner-department waived their right to agitate in
the intital O.A. No. 866 of 2015, failed to file writ petition,
while rejecting respondent's representation and it was decided
on merits and in the second round, O.A. No. 852 of 2016, delay
and laches issue has not raised on the contrary it was stated "No
Comments". Facts of the case in the Surjeet Singh Sahni vs.
State of U.P & Ors., matter is different from the case in hand. In
the Surjeet Singh Sahni's case, there were no lapses on the part
of State of U.P. to take the delay and laches issue. Writ Court in
the second round litigation noticed delay and laches and
maintainability of writ and non-filing of suit, whereas petitioner
Patna High Court CWJC No.4833 of 2023 dt.09-05-2023
in the present case accepted the earlier verdict. Moreover,
speaking order dated 18.10.2016, which is the subject matter of
second round litigation before CAT was not rejected on the
ground of delay. On the other hand, it was rejected on merits.
Hence, we are distinguishing to the extent that Surjeet Singh
Sahni's case is not applicable to the case in hand. The petitioner
has not urged any other ground so as to interfere with the order
dated 12.04.2022 passed in O.A. No. 050/00852/2016.
7. Accordingly, present writ petition stands rejected.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
shoaib/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.05.2023.
Transmission Date NA
