Patna High Court
Niraj Kumar vs The Union Of India on 6 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7341 of 2024
======================================================
1. Amit Kumar, son of Sri Laddu Lal Paswan, Ex Loco Pilot (Gods, East
Central Railway, Crew Looby, Barauni Under Sonpur Division, Resident of
Village- Jagatpura, P.O.-Btps, P.S.-Matihani, Anchal-Matihani, District-
Begusarai-851116 (Bihar).
2. Pankaj Kumar, Son of Sikandar Prasad Singh, Ex Senior Assistant Loco
Pilot (Diesel), Easrt Central Railway, Krishnshila, Resident of Village-
Barmasia, Budh Chak Road, PO/PS/District- Katihar-854105, Anchal-
Katihar (Bihar).
3. Raj Kumar Singh, Son of Sri Brahmdeo Prasad Singh, Ex Senior Assistant
Loco Pilot (Elect), East Central Railway, Chandrapura, Resident of Village-
Bania, P.O- Bhawanipur, P.S.- Rangrachauk, Anchal- Rangrachauk, District-
Bhagalpur- 853204 (Bihar).
4. Subham Kumar Gupta @ Shubham Kumar Gupta, Son of Sri Bhagwan Jee
Sah, Ex Senior Assistant Loco Pilot (Elect), East Central Railway, Gomoh,
Resident of Village/PO/PS- Barauli Anchal- Barauli, District- Gopalganj-
841405 (Bihar).
5. Santosh Kumar, Son of Sri Rajeshwar Prasad Sharma, Ex Senior Assistant
Loco Pilot (Diesel), East Central Railway, Shaktinagar, Resident of Village-
Bari Tengrella, P.O- Shahar Rampur, PS- Naubatpur, Anchal- Naubatpur,
District- Patna- 801109 (Bihar).
6. Prakash Chandra Bharati Son Of Ram Pravesh Singh, Ex Senior Assistant
Loco Pilot, East Central Railway, (Diesel) Looby, Narkatiyaganj Under
Samastipur Division, Resident of Village- Ashopur, Post- Khagaul, P.S.-
Danapur, Anchal- Danapur, District- Patna- 801105 (Bihar).
7. Tinku Kumar, Son of Sri Sahjanand Sharma, Ex Senior Assistant Loco Pilot
(Diesel), East Central Railway, Renukoot, Resident of Village- Adlipur, P.O-
Neora, P.S.- Bihta, Anchal- Bihta, District- Patna- 801113 (Bihar).
8. Suman Kumar, Son Of Sri Jawahar Singh, Ex Senior Assistant Loco Pilot
(Elect), East Central Railway, Gomoh, Resident of Village- Patelnagar, Ward
No. 31, P.O/P.S- Saharsa, Anchal- Kahara, District- Saharsa- 852201 (Bihar).
9. Rajesh Kumar, Son Of Sri Dinesh Prasad, Ex Senior Assistant Loco Pilot
(Diesel), East Central Railway, Chopan, Resident of Vill.- Makhdumpur,
P.O.- Khagaul, P.S.- Danapur, Anchal- Danapur, District- Patna- 801105
(Bihar).
10. Abadhesh Kumar, Son of Rajendra Prasad Singh, Ex Loco Pilot (Goods),
East Central Railway, Crew Looby, Barauni Under Sonpur Division,
Resident of Village/P.O.- Kolhatha, P.S.- Barahat, Anchal- Barahat, District-
Banka- 813109 (Bihar).
11. Vikash Kumar, Son Of Sri Mahesh Prasad Singh, Ex Senior Assistant Loco
Pilot (Diesel), East Central Railway, Renukoot, Resident of Village- Forsahi,
P.O.- Mahmuda, P.S.- Alamnagar, Anchal- Alamnagar, District- Madhepura-
852219 (Bihar).
12. Ranjeet Kumar, Son Of Sri Bhagwat Ram, Ex Senior Assistant Loco Pilot,
East Central Railway, Crew Looby, Muzaffarpur Under Sonpur Division,
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
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Resident of Village- Vikashpuram Colony, Khagaul Road, P.O. and P.S.-
Phulwari Sharif, Anchal- Danapur, District- Patna- 801505 (Bihar).
13. Abhishek Anand, Son Of Sri Akhilesh Kumar, Ex Senior Assistant Loco
Pilot (Elect), East Central Railway, Dhanbad, Resident of Village-
Bhawanipur, P.O.- Dighri, P.S.- Surajgarha, Anchal- Surajgarha, District-
Lakhisarai- 811106 (Bihar).
14. Raju Kumar, Son Of Sri Kishor Singh, Ex Senior Assistant Loco Pilot
(Diesel), East Central Railway, Kodarma, Resident of Village- Saistabad,
P.O.- Saistabad, P.S.- Ghosi, Anchal- Modanganj, District- Jehanabad-
804418 (Bihar).
15. Vikash Kumar, Son Of Sri Umesh Kumar Roy, Ex Senior Assistant Loco
Pilot (Goods), East Central Railway, Crew Looby, Barauni Under Sonpur
Division, Resident of Village/PO- Thutti, Anchal- Chautham, District-
Khagaria- 851214 (Bihar).
16. Abkash Kumar, Son Of Sri Chandradeo Prasad, Ex Senior Assistant Loco
Pilot (Elect), East Central Railway, Gomoh, Resident of Village- Kotehar,
P.O.- Surajgarha, P.S.- Surajgarha, Anchal- Surajgarha, District- Lakhisarai-
811106 (Bihar).
17. Lala Thakur, son of Vijay Thakur, Ex Senior Assistant Loco Pilot (Diesel),
East Central Railway, Sangrauli under Dhanbad Division, Resident of
Village- Hanuman Nagar Gaon, Behind Same Factory Nalapar, P.O-
Lohianagar, P.S.- Patrakar Nagar, Kankar Bagh, Anchal- Patna Sadar,
District- Bhagalpur- 800026 (Bihar).
... ... Petitioner/s
Versus
1. The Union Of India through the General Manager East Central Railway,
Hajipur, P.O.- Digghi Kala, P.S.- Hajipur (Town) District- Vaishali, At
Hajipur, Pin Code- 841001 (Bihar).
2. The Principal Chief Operations Manager, East Central Railway, Hajipur,
P.O.- Digghi Kala, P.S.- Hajipur (Town), District- Vaishali at Hajipur,
Pincode- 841001 (Bihar).
3. The Principal Chief Electrical Engineer, East Central Railway, Hajipur, P.O.-
Digghi Kala, P.S.- Hajipur (Town), District- Vaishali, At Hajipur, Pincode-
841001 (Bihar).
4. The Additional Divisional Railway Manager, East Central Railway,
Dhanbad-826101 (Jharkhand).
5. The Additional Divisional Railway Manager, East Central Railway,
Samastipur- 841001 (Bihar).
6. The Additional Divisional Railway Manager, East Central Railway, Sonpur,
District- Saran-841101 (Bihar).
7. The Additional Divisional Railway Manager, East Central Railway, Din
Dayal Upadhyay- 232101 (U.P.).
8. The Senior Divisional Personnel Officer, East Central Railway, Dhanbad-
826101 (Jharkhand).
9. The Senior Divisional Personnel Officer, East Central Railway, Samastipur-
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
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848101 (Bihar).
10. The Senior Divisional Personnel Officer, East Central Railway, Sonpur,
District- Saran-841101 (Bihar).
11. The Senior Divisional Personnel Officer, East Central Railway, Din Dayal
Upadhyay- 232101 (U.P.).
12. The Senior Divisional Electrical Engineer (Operation), East Central
Railway, Dhanbad- 826101 (Jharkhand).
13. The Senior Divisional Electrical Engineer (Operation), East Central
Railway, Samastipur-848101 (Bihar).
14. The Senior Divisional Electrical Engineer (Operation), East Central
Railway, Sonpur, District- Saran-841101 (Bihar).
15. The Senior Divisional Electrical Engineer (Operation), East Central
Railway, Din Dayal Upadhyay-232101 (U.P.).
16. The Divisional Electrical Engineer (Operation), East Central Railway,
Dhanbad- 826101 (Jharkhand).
17. The Divisional Electrical Engineer (Operation), East Central Railway,
Samastipur- 848101 (Bihar).
18. The Divisional Electrical Engineer (Operation), East Central Railway,
Sonpur, District- Saran-841101 (Bihar).
19. The Divisional Electrical Engineer (Operation), East central Railway, Din
Dayal Upadhyay-232101 (U.P.).
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13449 of 2024
======================================================
1. Niraj Kumar Son of Ram Chandra Ray, Ex Senior Assistant Loco Pilot
(Electric), East Central Railway, Din Dayal Upadhyay, Resident of village -
Khapura, P.O. - Ghosi, P.S. - Kako, District- Jehanabad - 804406 (Bihar).
2. Amit Kumar, Son of Munna Prasad, Ex Senior Assistant Loco Pilot
(Electric), East Central Railway, Din Dayal Upadhyay, Resident of Vishram
Nagar, Dharahara, P.O. - Arrah, P.S. - Town Thana, District - Bhojpur-
802301 (Bihar).
3. Sanjay Kumar Roy, Son of Sri Narayan Roy, Ex Senior Assistant Loco Pilot,
East Central Railway, Crew Lobby, Samastipur Division, Saharasa Under,
Resident of Vill. - Belagovind, PO - Champawati, P.S/District - Purnea-
854306 (Bihar).
4. Manoj Kumar, Son of Sri Ram Babu Choudhary, Ex Senior Assistant Loco
Pilot (Elect), East Central Railway, Din Dayal Upadhyay, Resident of Vill. -
Sabajpura, Sharda Nagar, P.O.- Khagaul, P.S.- Phulwari Sharif, District -
Patna - 801105 (Bihar).
5. Mukesh Kumar, Son of Sri Kamla Rajak, Ex Senior Assistant Loco Pilot,
East Central Railway, Crew Lobby, Muzaffarpur Under Samastipur
Division, Resident of Vill.- Dangraahar, PO/PS/District - Arwal - 804401
(Bihar).
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6. Manoj Kumar, Son of Sri Mohan Paswan, Ex Senior Assistant Loco Pilot,
East Central Railway, Crew Lobby, Saharasa Under Samastipur Division,
Resident of Vill.- Rampur Chowraha Bhravpur, PO/PS- Khagaul, District-
Patna - 801105 (Bihar).
7. Shankar Kumar, Son of Ajay Kumar, Ex Senior Assistant Loco Pilot, East
Central Railway, Crew Lobby, Muzaffarpur Under Samastipur Division,
Resident of Vill.- Alawalchak, PO/P.S. - Rampur Chauram, District - Arwal-
804402 (Bihar).
8. Deepak Kumar, Son of Sri Ranjeet Kumar Choudhary, Ex Senior Assistant
Loco Pilot, Crew East Lobby, Central Railway, Darbhanga, Resident of Vill.
- Mosimpur Kurtha, P.O.- Fatuha, P.S. - Fatuha, District- Patna - 803201
(Bihar).
9. Murari Kumar Sharma, Son of Sri Bhola Sharma, Ex Senior Assistant Loco
Pilot, East Central Railway, Crew Lobby, Narkatiyaganj Under Samastipur
Division, Resident of Vill.- Chanpatia, Ward No. 14, P.O./P.S.- Chanpatia,
District - West Champaran - 845449 (Bihar).
10. Dhanajay Kumar, Son of Sri Mod Narayan Singh, Ex Senior Assistant Loco
Pilot, East Central Railway, Crew Lobby, Muzaffarpur Under Samastipur
Division, Resident of Vill.- Mahendra Nagar, P.O. - Barah, P.S. Rani Talab,
(Kanpa), District- Patna - 801112 (Bihar).
11. Amit Kumar, Son of Sri Jageshwar Mahto, Ex Senior Assistant Loco Pilot,
East Central Railway, Crew Looby, Saharasa Under Samastipur Division,
Resident of Vill.- Bhawanipur, P.O. - Dighri, P.S. - Surajgarha, District-
Lakhisarai- 811106 (Bihar).
12. Binayak Kumar, Son of Sri Ram Eakval Yadav, Ex Senior Assistant Loco
Pilot, East Central Railway, Crew Lobby Muzaffarpur Under Samastipur
Division, Resident of Vill.- Bhashimchak, Bhagwatipur, P.O. - Neora, P.S. -
Shahpur, District- Patna - 801113 (Bihar).
13. Subodh Kumar, Son of Sri Ram Nandan Choudhary, Ex Senior Assistant
Loco Pilot (Electric), East Central Railway, Gomoh Under Dhanbad
Division, Resident of Vill.- Darveshpur, P.O. - Beapur, P.S. - Maner, District
- Patna - 801108 (Bihar).
14. Tarun Kumar, Son of Sri Ram Sumer Prasad, Ex Senior Assistant Loco Pilot
(Diesel), East Central Railway, Patratu Under Dhanbad Division, Resident
of Vill./P.O.- Srichandrapur, P.S.- Neora, District - Patna - 800011 (Bihar).
15. Nand Kishor Kumar, Son of Sri Ram Nandan Paswan, Ex Senior Assistant
Loco Pilot (Elect), East Central Railway, Khelari Under Dhanbad Division,
Resident of Vill.- Kopa Kalan, PO/PS- Naubatpur, District - Patna - 801109
(Bihar).
16. Ravi Shankar Kumar, Son of Sri Parveen Prasad Tamoli, Ex Senior Assistant
Loco Pilot (Electric), East Central Railway, Barkakava Under Dhanbad
Division, Resident of Vill./PO/PS- Silao, District - Nalanda - 803117
(Bihar).
17. Shiv Nandan Kumar, Son of Ram Swarup Prasad Sinha, Ex Senior Assistant
Loco Pilot (Electric), East Central Railway, Dhanbad, Resident of
Bhawanipur, P.O.- Dighri, P.S. - Surajgarha, District- Lakhisarai - 811106
(Bihar).
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18. Sandeep Kumar, Son of Yogendra Prasad, Ex Senior Assistant Loco Pilot
(Diesel), East Central Railway, Krishnshila Under Dhanbad Division,
Resident of Vill. - Tetuatar, P.O. and P.S. - Atri, District- Gaya - 823311
(Bihar).
19. Manoj Kumar Mahto, Son of Sri Bashishtha Muni Mahto, Ex Senior
Assistant Loco Pilot (Electric), East Central Railway, Kodrama Under
Dhanbad Division, Resident of Vill. - Mansinpur, P.O.- Milki (Ishwarpura),
P.S. - Shahpur, District - Bhojpur - 802112 (Bihar).
20. Dharmendra Kumar, Son of Narayan Mahto, Ex Senior Assistant Loco Pilot
(Electric), East Central Railway, Patratu Under Dhanbad Division, Resident
of Vill.- Bhawanipur, P.O.- Dighri, P.S. - Surajgarha, District- Lakhisarai,-
811106 (Bihar).
21. Ajay Kumar Yadav, Son of Ram Sundar Yadav, Ex Senior Assistant Loco
Pilot (Electric), East Central Railway, Gomoh Under Dhanbad Division,
Resident of Vill.- Arnama, P.O.- Basudeopur, P.S.- Laukaha, District-
Madhubani- 847421 (Bihar).
22. Vikash Kumar, Son of Sri Binda Paswan, Ex Senior Assistant Loco Pilot
(Electric), East Central Railway, Khelari Under Dhanbad Division, Resident
of Vill.- N Nadiyawan, P.O.- Dhangawan, P.S.- Kako, District- Jehanabad-
804408 (Bihar).
23. Suchit Kumar, Son of Sri Sita Ram Paswan, Ex Senior Assistant Loco Pilot
(Electric), East Central Railway, Barkakana Under Dhanbad Division,
Resident of Vill. - Shankarpur, P.O. - Belhari, P.S.- Belaganj, District- Gaya -
804403 (Bihar).
24. Dev Kant Kumar, Son of Sikandar Singh, Ex Senior Assistant Loco Pilot
(Diesel), East Central Railway, Singrauli Under Dhanbad Division, Resident
of Vill.- Laxmipur, P.O. - Nirpur, P.S. - Chautham, District- Khagaria -
851201 (Bihar).
25. Lallu Kumar, Son of Sri Suresh Prasad Yadav, Ex Senior Assistant Loco
Pilot (Electric), East Central Railway, Kodarma, Resident of SBS Colony,
LIG- 290, Mustafabad, P.O./P.S.- Rampur, District- Gaya- 823001 (Bihar).
... ... Petitioner/s
Versus
1. The Union of India through the General Manager, East Central Railway,
Hajipur, P.O.- Digghi Kala, P.S. - Hajipur (Town), District - Vaishali, At
Hajipur, Pin Code- 841001 (Bihar).
2. The Additional Divisional Railway Manager, East Divisional Railway
Central Railway, Samastipur- 841001 (Bihar).
3. The Principal Chief Operations Manager, East Central Railway, Hajipur,
P.O.- Digghi Kala, P.S. - Hajipur (Town), District- Vaishali at Hajipur,
Pincode- 841001 (Bihar).
4. The Additional Divisional Railway Manager, East Central Railway,
Dhanbad- 826101 (Jharkhand).
5. The Additional Divisional Railway Manager, East Central Railway,
Samastipur - 848101 (Bihar).
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
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6. The Additional Divisional Railway Manager, East Central Railway, Din
Dayal Upadhyay- 232101 (U.P.).
7. The Senior Divisional Personnel Officer, East Central Railway, Dhanbad-
826101 (Jharkhand).
8. The Senior Divisional Personnel Officer, East Central Railway, Samastipur -
848101 (Bihar).
9. The Senior Divisional Personnel Officer, East Central Railway, Din Dayal
Upadhyay- 232101 (U.P.).
10. The Senior Divisional Electrical Enigneer (Operation), East Central
Railway, Dhanbad - 826101 (Jharkhand)
11. The Senior Divisional Electrical Engineer (Operation), East Central
Railway, Samastipur - 848101 (Bihar)
12. The Senior Divisional Electrical Enginer (Operation), East Central Railway,
Din Dayal Upadhyay- 232101 (U.P.).
13. The Assistant Divisional Electrical Engineer, (Operation), East Central
Railway, Din Dayal Upadhyay- 232101 (U.P.).
14. The Divisional Electrical Engineer (Operation), East Central Railway,
Dhanbad- 826101 (Jharkhand)
15. The Divisional Electrical Engineer (Operation), East Central Railway,
Samastipur - 848101 (Bihar).
16. The Senior Divisional Electrical Engineer (TR), East Central Railway,
Samastipur - 848101 (Bihar).
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13670 of 2024
======================================================
1. Satya Prakash Son of Sri Om Prakash Gupta, Ex Senior Assistant Loco Pilot
(Electric) East Mugalsarai, Central Railway, Resident of Mohalla-
Khandakpar, Opposite Anuraj Cinema, PO and PS Biharsharif, District
Nalanda-803101(Bihar).
2. Vikash Kumar, Son of Sri Satyendra Prasad, Ex Senior Assistant Loco Pilot
(Electric), East Central Railway , Gaya, Resident of Village/Post- Mandil,
P.S. Parasbigha, District-Jehanabad- 804417 (Bihar).
3. Nitish Kumar, Son of Kailash Yadav, Ex Senior Assistant Loco Pilot
(Electric), East Central Railway , Mugalsarai, Resident of Village- Tiri, Post-
Dhanchhoha, P.S. Saur Bazar, District- Saharsa- 852121 (Bihar).
4. Radhe Mohan Son of Sri Basant Prasad Sharma, Ex Senior Assistant Loco
Pilot (Electric), East Central Railway , Gaya, Resident of Village- Khanpur,
P.O. and P.S.- Bhgwanganj, District- Patna (Bihar)-804454.
... ... Petitioner/s
Versus
1. The Union of India through the General Manager, East Central Railway,
Hajipur, P.O. Digghi Kala, P.S. Hajipur(Town), District- Vaishali, At Present
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
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Hajipur Pin Code- 841001, Bihar.
2. The General Manager (Personnel), East Central Railway, Hajipur, P.O.
Digghi Kala, P.S. Hajipur (Town), District-Vaishali at Hajipur, Pin Code-
841001, Bihar.
3. The Principal Chief Electrical Engineer, East Central Railway, Hajipur, P.O.
Digghi Kala, P.S. Hajipur (Town), District-Vaishali at Hajipur, Pin Code-
841001, Bihar.
4. The Divisional Railway Manager, East Central Railway, Mugalsarai District-
Chandauli - 232101 (U.P.).
5. The Senior Divisional Personnel Officer, East Central Railway, Mugalsarai,
District-Chandauli- 232101, (U.P.).
6. The Senior Divisional Electrical Engineer ( Operation), East Central
Railway, Mugalsarai, District-Chandauli- 232101, (U.P.).
7. The Senior Divisional Financial Manager, East Central Railway , Dhanbad-
826101(Jharkhand).
8. The Divisional Electrical Engineer (Operation), East Central Railway,
Mugalsarai, District- Chandauli - 232101, (U.P.).
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15502 of 2024
======================================================
1. Rohit Kumar Son of Sri Karamdhari Paswan, Ex Senior Assistant Loco Pilot
(Electric), East Central Railway, Patratu, Resident of village- Bageshwari,
New Colony, P.O.- Railway Station, Gaya, P.S.- Delha, District- Gaya -
823002 (Bihar).
2. Manu Maharaj, Son of Sri Birendra Prasad Singh, Ex Senior Assistant Loco
Pilot (Electric), East Central Railway, Berwadih, Resident of village and
P.O.- Nawada, P.S. - Chowtham, District- Khagaria - 851201 (Bihar).
... ... Petitioner/s
Versus
1. The Union of India through the General Manager, East Central Railway,
Hajipur, P.O.- Digghi Kala, P.S. - Hajipur (Town), District- Vaishali, At
Hajipur, Pin Code- 841001 (Bihar).
2. The Principal Chief Operations Manager, East Central Railway, Hajipur,
P.O.- Digghi Kala, P.S. - Hajipur (Town), District- Vaishali at Hajipur,
Pincode- 841001 (Bihar).
3. The Additional Divisional Railway Manager, East Central Railway, Dhanbad
- 826101 (Jharkhand).
4. The Senior Divisional Personnel Officer, East Central Railway, Dhanbad-
826101 (Jharkhand).
5. The Senior Divisional Electrical Engineer (Operation), East Central
Railway, Dhanbad- 826101 (Jharkhand).
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
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... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 7341 of 2024)
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate
Ms. Shrishti Singh, Advocate
Mr. Pranav Kumar, Advocate
For the U.O.I. : : Mr. Dr. K.N. Singh, ASG
Mr. Maurya Vijay Chandra, Advocate
Mr. Kumar Ravish, CGC
Mr. Shivaditya Dhari Sinha, Advocate
(In Civil Writ Jurisdiction Case No. 13449 of 2024)
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate
Ms. Shrishti Singh, Advocate
Mr. Pranav Kumar, Advocate
For the U.O.I. : Mr. Dr. K.N. Singh, ASG
Mr. Maurya Vijay Chandra, Advocate
Mr. Kumar Ravish, CGC
Mr. Shivaditya Dhari Sinha, Advocate
(In Civil Writ Jurisdiction Case No. 13670 of 2024)
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate
Ms. Shrishti Singh, Advocate
Mr. Pranav Kumar, Advocate
For the U.O.I. : Mr. Dr. K.N. Singh, ASG
Mr. Maurya Vijay Chandra, Advocate
Mr. Kumar Ravish, CGC
Mr. Shivaditya Dhari Sinha, Advocate
(In Civil Writ Jurisdiction Case No. 15502 of 2024)
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate
Ms. Shrishti Singh, Advocate
Mr. Pranav Kumar, Advocate
For the U.O.I. : Mr. Dr. K.N. Singh, ASG
Mr. Maurya Vijay Chandra, Advocate
Mr. Kumar Ravish, CGC
Mr. Shivaditya Dhari Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 06-02-2025
In the instant writ petitions petitioners have
assailed the order of the Central Administrative Tribunal, Patna
dated 21st February 2024 passed in O.A. No. 050/00214 of 2022
and connected matters. Petitioners and others who were
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
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candidates for recruitment to the post of Assistant Loco Pilot
(Diesel). They were subjected to selection procedure and they
were selected and appointed. Some of the petitioners were also
promoted to the next higher cadre. When things stood thus,
official respondents had a certain source of information to the
extent that large number of selected and appointed candidates
were involved in impersonation in the competitive examination
for the post of Assistant Loco Pilot (Diesel). Thereafter, official
respondents have taken certain exercise of forwarding the
answer paper-book to lab and obtained certain reports which
were adverse to the petitioner and others to draw tentative
inference that petitioners and others were involved in the
impersonation in the competitive examination.
2. Having regard to the fact that petitioners and
others were appointed and some of them have been promoted to
the next higher cadre. Official respondents have invoked the
Railway Servants (Discipline and Appeal) Rules, 1968 (for short
'Rules 1968') and proceeded to remove each of the petitioner
and others services on the score that they were involved in
impersonation in the competitive examination. Removal orders
were subject matter of O.A. 050/00214 of 2022 and connected
matters (Lala Thakur vs. Union of India and Others). CAT
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
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proceeded to affirm the decisions of removal of the petitioner on
21.02.2024
, hence the present writ petition.
3. Learned counsel for the petitioners submitted
that CAT has committed error in not appreciating the factual
aspect of the matter that petitioners and others were appointed
about five years back. Respondents have opened certain alleged
misconduct stated to have been committed by the petitioners and
others during the course of writing competitive examination for
the post of Assistant Loco Pilot (Diesel). It is also submitted that
some of the petitioners have been promoted, therefore, it is not
fair on the part of the Railway Authorities to open the
allegations relates back to five years and proceed to punish
petitioners. It is also submitted that no witnesses have been cited
along with the charge-memo and authors of the document which
were relied by the inquiry officer and disciplinary authorities
have not been cited as witness and examine them and so also
permitting the petitioners to cross examine. These are all legal
issues which were required to be adjudicated by the CAT and it
has not been considered. On this score, the order of the CAT
dated 21.02.2024 is liable to be set aside and petitioners are
entitled for reinstatement with arrears of pay and all service
benefits.
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
4. Per contra, learned Additional Solicitor General,
Mr. Dr. K.N. Singh submitted that having regard to the fraud
played by the petitioners question of timing is not relevant. It is
also submitted that material information have been subjected to
lab test and on receipt of such lab test, the Disciplinary
Authority proceeded to initiate disciplinary proceedings and
concluded the same and there are no infirmity. Further, there are
no infirmities in the CAT order dated 21st February 2024.
5. Heard learned counsel for the respective parties.
6. Undisputed facts are that petitioners and others
were candidates for recruitment to the post of Assistant Loco
Pilot (Diesel) about five years back, they were subjected to write
competitive examination and further proceedings. They were
selected and appointed and some of them have promoted to the
next higher post, namely, Senior Assistant Loco Pilot (Diesel).
In this backdrop, it is not proper for the authorities to open stale
allegations and punish the petitioners. The aforementioned
contentions of the petitioners cannot be appraised in view of the
fact that alleged allegations is relating to playing fraud in the
selection process. If alleged fraud had been committed in such
circumstances question of delay would not be a hurdle.
7. Learned counsel for the petitioners, submitted
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
that charge-memo do not consist of list of witnesses. On the
other hand, two documents have been relied on to prove the
guilt of the petitioners and others. Author of those documents
have not been cited as witness and they have not been examined
and cross-examined. On this issue, the petitioners have made out
a case. The CAT has committed error in not noticing that there is
violation of 1968 Rules, insofar as communication of charge-
memo to the extent that for the purpose of imposition of major
penalty ingredients are that show cause notice must contain
charge-memo, statement of imputation, list of documents and
list of witnesses. There is non-compliance to the aforementioned
provisions to the extent that there is no list of witnesses. In the
absence of examining the author of the documents, the
documents relied on by the Inquiring Officer is incorrect to the
principal that author of the document is to be examined and
cross-examined. On this point, the Hon'ble Supreme Court in
the in the light of Hon'ble Supreme Court decision in the case of
S.C. Girotra vs. United Commercial Bank (UCO BANK)
reported in 1995 Supp. (3) SCC 212, it is held that author of the
document is to be examined and cross-examined. Similarly, the
Hon'ble Supreme Court in the case of Roop Singh Negi vs.
Punjab National Bank reported in (2009) 2 SCC 570 Hon'ble
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
Supreme Court has taken note of that examination and cross-
examination of witness of author of certain documents is
mandatory. On this count, the petitioners have made out a case
so as to interfere with the CAT order dated 21.02.2024 as well as
removal orders, accordingly, they are set aside.
8. The matter is remanded to the Disciplinary
Authority to commence a fresh enquiry strictly adhering to the
Rules 1968, and complete the inquiry proceedings within a
period of six months from the date of receipt of this order.
Respective petitioners are hereby directed to co-operate in the
disciplinary proceedings without seeking unnecessary
adjournment before the Inquiring Authority.
9. Disciplinary Authority is hereby directed to take
the following decisions; the petitioners are to be reinstated or
they have to be placed under suspension and further petitioners
are entitled to subsistence allowance from the date of removal
till completion of a fresh enquiry this has to be calculated and
disbursed at the earliest and further insofar as regulating the
intervening period from the date of reinstatement or suspension
till passing a fresh order in fresh enquiry is required to be
decided in accordance with the relevant provision of law as to
whether petitioners are entitled to regularization of those period
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
and it all depends on final order to be passed by the Disciplinary
Authority in a fresh inquiry, the above principle is required to be
taken note of in the light of Hon'ble Supreme Court decision in
the case of ECIL vs. B. Karunakaran reported in (1993) 4 SCC
727 and Chairman-cum-Managing Coal India Ltd. vs. Ananta
Saha and Ors. reported in (2011) 5 SCC 142. Paragraphs 47 to
50 reads as under:-
"47. It is a settled legal proposition
that the result of the fresh enquiry in such a case
relates back to the date of termination. The
submissions advanced on behalf of the appellants
that the result of the enquiry in such a fact
situation relates back to the date of imposition of
punishment, earlier stands fortified by a large
number of judgments of this Court and
particularly in R. Thiruvirkolam v. Presiding
Officer, Punjab Dairy Development Corpn. Ltd. v.
Kala Singh and Graphite India Ltd. v. Durgapur
Projects Ltd. 48. In ECIL v. B. Karunakar, this
Court held that where the punishment awarded by
the disciplinary authority is quashed by the
court/tribunal on some technical ground, the
authority must be given an opportunity to conduct
the enquiry afresh from the stage where it stood
before the alleged vulnerability surfaced.
However, for the purpose of holding fresh enquiry,
the delinquent is to be reinstated and may be put
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
under suspension. The question of back wages,
etc. is determined by the disciplinary authority in
accordance with law after the fresh enquiry is
concluded.
49. The issue of entitlement of back
wages has been considered by this Court time and
again and consistently held that even after
punishment imposed upon the employee is
quashed by the court or tribunal, the payment of
back wages still remains discretionary. Power to
grant back wages is to be exercised by the
court/tribunal keeping in view the facts in their
entirety as no straitjacket formula can be evolved,
nor a rule of universal application can be laid for
such cases. Even if the delinquent is reinstated, it
would not automatically make him entitled to
back wages as entitlement to get back wages is
independent of reinstatement. The factual
scenario and the principles of justice, equity and
good conscience have to be kept in view by an
appropriate authority/court or tribunal. In such
matters, the approach of the court or the tribunal
should not be rigid or mechanical but flexible and
realistic. (Vide U.P. SRTC v. Mitthu Singh , Akola
Taluka Education Society v. Shivaji and
Balasaheb Desai Sahakari S.K. Ltd. v. Kashinath
Ganapati Kambale.
50. In view of the above, the relief
sought by the delinquent that the appellants be
directed to pay the arrears of back wages from the
Patna High Court CWJC No.7341 of 2024 dt.06-02-2025
date of first termination order till date, cannot be
entertained and is hereby rejected. In case the
appellants choose to hold a fresh enquiry, they are
bound to reinstate the delinquent and, in case, he
is put under suspension, he shall be entitled to
subsistence allowance till the conclusion of the
enquiry. All other entitlements would be
determined by the disciplinary authority as
explained hereinabove after the conclusion of the
enquiry. With these observations, the appeal
stands disposed of. No costs."
10. The aforementioned principle has been
reiterated in case of State of Uttar Pradesh & Ors. vs. Prabhat
Kumar reported in 2022 Live Law SC 736.
11. With the above observations, the present
C.W.J.C. No. 7341 of 2024 allowed in part.
12. Pending I.A.(s), if any, stands disposed of.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
khushbu/-
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 15.02.2025
Transmission Date N/A
