Patna High Court
Kumar Jai 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.14112 of 2024
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Kumar Jai Son of Sri Paras Nath Prasad Resident of Quarter No. C-11, Phase-
02, Akashwani Colony, Chhajju Bagh, P.S.- Gandhi Maidan, Dist.- Patna-
800001.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Information and
Broadcasting, Government of India, Shastri Bhawan, Rajendra Prasad Path,
New Delhi- 110001.
2. The Chief Executive Officer, Prasar Bharati (Broadcasting Corporation of
India), Tower-C, Mandi House, Copernicus Marg, New Delhi- 110001.
3. The Addl. Director General (E.Trg.), Examination Controller/Competent
Authority, National Academy of Broadcasting and Multimedia, Kingsway,
Rosary School Rd., Radio Colony, New Delhi, Delhi- 110009.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilesh Sinha, Advocate
For the Respondent/s : Dr. Krishna Nandan Singh, Sr. Advocate, ASGI
Dr. Iti Suman, CGC
Mr. Shivaditya Dhari Sinha, Advocate
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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 petition, petitioner has prayed for the
following relief(s):-
"(i) To quash the order dated
29.05.2024
passed by the Ld. Central
Administrative Tribunal, Patna Bench, Patna
in OA/158/2024 wherein the Hon'ble
Member Judicial has been pleased to dismiss
the OA in limine on account of delay in filing
of the said case.
(ii) To further give such liberty to
the petitioner to file a fresh case before the
Patna High Court CWJC No.14112 of 2024 dt.06-02-2025
Ld. Central Administrative Tribunal, Patna
Bench, Patna in connection with the prayer
made in the said case bearing OA/158/2024.
(iii) To grant any other relief to the
petitioner which they are entitled to in the
facts and circumstance of this case."
2. Petitioner is a candidate for recruitment to the post of
Cameraman Group-II pursuant to the Advertisement No. 01/2015
dated 27.11.2015. Earlier he had approached the Central
Administrative Tribunal, Principal Bench, New Delhi in O.A. No.
3923 of 2018 along with M.A. No. 807 of 2023 and it was
dismissed as withdrawn with liberty as prayed for. Resultantly,
petitioner has presented O.A. No. 158 of 2024 before the Central
Administrative Tribunal, Patna Bench, Patna. It is to be noted that
in O.A. No. 3923 of 2018 along with M.A. No. 807/2023
petitioner grievance is in respect of communication dated
02.02.2016 in the light of Notification dated 27.11.2015. If the
O.A. No. 524 of 2016 filed prior to 05.10.2016 in that event
petitioner had every right to file miscellaneous application before
CAT in assailing the communication/order dated 05.10.2016 which
is the subject matter of O.A. No. 158 of 2024. Petitioner
unnecessarily waited till disposal of O.A. No. 3923 of 2018 along
with M.A. No. 807/2023 and it has been withdrawn at his instance.
No doubt liberty has been granted. Such liberty is required to be
Patna High Court CWJC No.14112 of 2024 dt.06-02-2025
taken note of in accordance with law. Insofar as challenge to
communication/order dated 05.10.2016 in O.A. No. 158 of 2024
has been filed. According to Administrative Tribunal Act, 1985
aggrieved person is required to approach CAT within one year
from the date of cause of action accrued to the aggrieved person. If
there is a delay in filing O.A. there is a provision to condone the
delay under Section 21 of the Administrative Tribunal Act, 1985.
Be that as it may, there is a delay of about six years insofar
challenge to order/communication dated 05.10.2016 in the light of
the fact that O.A. No. 158 of 2024 has been filed. CAT has taken
note of delay in para 13 of its order dated 29.05.2024 passed in
O.A. No. 158 of 2024.
3. Courts/Tribunals time and again held that in respect of
selection, appointment, promotion and seniority aggrieved person
must knock door of the judicial forum within a reasonable period
of time. Hon'ble Supreme Court has also held the same in the case
of P.S. Sadasivaswamy vs. State of Tamil Nadu reported in AIR
1974 SC 2271 and Ashok Kumar vs. State of Bihar reported in
(2017) 4 SCC 357 delay would be hurdle. Having regard to the
fact that subject matter of advertisement issued in the year, 2015
for the post of Cameraman Group-II has spent its force in the year
2016 itself. Therefore, it is not appropriate to entertain the
Patna High Court CWJC No.14112 of 2024 dt.06-02-2025
petitioner's grievance in the year, 2024 when he had a cause of
action accrued in the year, 2017 with reference to
communication/order dated 05.10.2016 if one year period of
limitation is taken into consideration.
4. Accordingly, the present writ petition stands
dismissed.
(P. B. Bajanthri, J)
(Sunil Dutta Mishra, J)
Vikash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date
Transmission Date N/A
