Patna High Court
Jhabu Kumar Ram vs The Union Of India on 15 October, 2025
Author: Sudhir Singh
Bench: Sudhir Singh, Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11838 of 2025
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Jhabu Kumar Ram S/o Late Lal Bachan Ram @ Lal Bahadur Ram, Ex
Trainee Helper Khalasi (BRD) under Senior Section Engineer (TRD), East
Central Railwary Buxar, R/o Village Rajapur, P.O. Gasaipur, P.S. Rajpur, Dist.
Buxar
... ... Petitioner/s
Versus
1. The Union of India through the General Manager, East Central Railway,
Hajipur, P.O. Dighi Kala, P.S. Hajipur (Town), District Vaishali at Hajipur.
2. The Central Manager (Personnel) East Central Railway, Hajipur, P.O. Dighi
Kala, P.S. Hajipur (Town), District Vaishali at Hajipur.
3. The Divisional Railway Manager, East Central Railway, Danapur, P.O.
Khagaul, District Patna.
4. The Senior Divisional Personnel Officer, East Central Railway, Danapur,
P.O. Khagaul, District Patna.
5. The Assistant Electrical Engineer/TRD, East Central Railway, Buxar.
6. Sri Abul Kalan Welfare Inspector Office of the Senior Divisional Officer,
East Central Railway, Danapur, P.O. Khagaul, District- Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Kumar, Advocate
For the U.O.I. : Mr. Ratnesh Kumar, Sr. C.G.C.
: Mr. Aditya Anand, Advocate
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA)
Date : 15-10-2025
Heard Mr. Shashi Bhushan Kumar, learned counsel
for the petitioner and Mr. Ratnesh Kumar, learned Sr. Central
Government Counsel for the Union of India.
2. The present writ application has been filed for the
following reliefs:
Patna High Court CWJC No.11838 of 2025 dt.15-10-2025
2/8
I. To quash the order dated 20.05.2004d in OA No.
050/00332/2022
by the Hon'ble Members Central Administrative
Tribunal Patna Bench, Patna whereby and whereunder the
impugned orders in the present O.A. are uphold being justified on
ground of suppression of material in the attestation form and same
do not suffer from any infirmity remain unassailable and petitioner
is not entitled to the relief sought in the O.A. Resultantly the
original application be void on merit accordingly dismissed.
II. To further quash the letter no. C.S/E/13/2014/139
Danapur dated 13.02.2017 issued by the Assistant Electricity
Engineer (TRD) East Central Railway whereby and whereunder
the petitioner removed from service on the ground at the time of
appointment, the petitioner convicted in criminal case and till date
not acquitted hence he removed from Rail Service with immediate
effect.
III. To further quash the order dated 20.01.2020 passed
by the General Manager (P), East Central Railway Hajipur by
which the appeal of the petitioner disposed off and firm view that
the termination order dated 13.02.2017 still hold good and no
alternation therein is required.
IV. To further quash the letter No. ECR-HQOP ERS
(CGA)/121/2020 dated 16.02.2022 issued by the General Manager
Patna High Court CWJC No.11838 of 2025 dt.15-10-2025
(Personnel) whereby and whereunder the Revision application has
not been considerable after passing the abovesaid order dated
20.01.2020 and affirm the order dated 20.10.2020.
V. To further direct to the Respondent authority to
reinstate the petitioner in service with all consequential benefits.
And/or any other appropriate relief(s) to the petitioner
for which he may be found entitle under the fact and
circumstances of the case.
3. Learned counsel for the petitioner submits that the
father of petitioner Late Lal Bahadur Ram was a permanent
Railway employee who died in harness on 13.09.2014 while
serving as Trackman, East Central Railway, Buxar. After the death
of his father, mother of petitioner, namely, Smt. Samundri Devi,
submitted application for appointment of her son (Petitioner) on
compassionate ground. The petitioner has been appointed on the
post of Trainee Khalasi (TRD). The respondent No.6, who was
working as Welfare Inspector, had taken signature of the petitioner
on the Attestation Form dated 23.05.2015. Learned counsel for the
petitioner further submits that all of a sudden the petitioner has
received the show cause notice dated 25.11.2016. The show cause
notice stated that the petitioner has given wrong information in the
column number 12(1)(a)to (k) relating criminal cases pending
Patna High Court CWJC No.11838 of 2025 dt.15-10-2025
against him and written that no criminal case is pending against
him. The Show Cause Notice dated 25.11.2016 was served on the
petitioner to explain why he be not removed from the service for
furnishing false information and suppressing of actual information
in the Attestation Form. Learned counsel for the petitioner further
submits that the petitioner has submitted his reply dated
09.12.2016 stating therein that the petitioner did not fill up the
information in the Attestation form and he has only put up his
signature on the Attestation Form. Learned counsel for the
petitioner further submits that without holding any enquiry the
authority concerned has passed the impugned order dated
13.02.2017 removal from service was passed for concealment of
the facts and giving false information in the Attestation form in
column No. 12(1) (a) to (k) and on verification, the same was
found to be false.
4. Learned counsel for the petitioner further submits that
the petitioner submitted his representation against impugned order
dated 13.02.2017 and the same was rejected vide impugned order
dated 20/22.01.2020. Thereafter, the petitioner has submitted his
representation before the Railway Board and the Railway Board
has also rejected the representation of the petitioner vide impugned
order dated 16.02.2022 and stated therein that the petitioner has
Patna High Court CWJC No.11838 of 2025 dt.15-10-2025
concealed the information and furnishing false information with
respect to criminal cases pending against him.
5. Learned counsel for the respondent-Railway submits
that the younger brother of the petitioner has made a complaint on
25.11. 2015 that the petitioner was in custody for last four years in
offence related to Section 302 of the IPC in FIR No. 125/2006.
The authority has written a letter to the Superintendent of Police
with regard to the aforesaid case whether the same is pending
against the petitioner or not. The office of the Superintendent of
Police, Buxar has informed the authority concerned that the
petitioner is named as one of the accused in the aforesaid FIR and
petitioner had already been convicted by the Fast Track Court -III,
Buxar in Sessions Trial Case Number 10 of 2007 vide judgment of
conviction dated 26.03.2010 and sentence order dated 30.03.2010.
Learned counsel for the Railway further submits that thereafter the
petitioner has filed an appeal against the order of conviction and
sentence Criminal Appeal (DB) No. 707 of 2010 before Hon'ble
High Court Patna and at the time of his initial appointment the
criminal appeal was pending and he was on bail and the petitioner
has deliberately suppressed the material information in column
number 12(1)(a) to (k) in the Attestation Form and fraudulently
obtained appointment on the basis of concealment of the facts and
Patna High Court CWJC No.11838 of 2025 dt.15-10-2025
he cannot be reinstated on the post in question on the ground of
acquittal. The termination of service of the petitioner was on the
factum of giving wrong information and the petitioner has never
informed the authority concerned about his involvement in any
criminal cases so he has not deserved any sympathy and petitioner
was given proper opportunity of hearing and thereafter competent
authority has passed the speaking order after due compliance of
principles of natural justice. Learned counsel for the respondent-
Railway further submits that in accordance with the terms and
Conditions No.11 of the initial appointment order dated
13.05.2015 the petitioner is not entitled to continue in service and
from a bare perusal of the appointment order/letter dated
13.05.2016, as the applicant was holding purely temporary offer of
appointment under two years period of probation in Railway. The
Condition No.11 of the conditional appointment order dated
13.05.2015 is reproduced hereinbelow:-
"The applicant submitted attestation form on
25.03.2015 and abovementioned criminal case was
quashed only vide judgment dated 23.03.2018 in
CRA (DB) No.707 of 2010. Thus there can be no
denial of the fact that applicant did conceal the
registration of a Criminal case against him. The
Patna High Court CWJC No.11838 of 2025 dt.15-10-2025
suppression of Criminal antecedents inn the column
12(1) (a)to (k) of the attestation form dated
25.03.2015 is deliberate act to procure fraudulently,
appointment and accordance with the terms and
Conditions No.11 of the initial appointment Order
dated 13.05.2015 not entitled to continue in
service."
6. Learned counsel for the respondent-Railway submits
that the show cause notice dated 25.11.2016 was issued to the
petitioner for breach of the condition of offer of appointment and
furnishing wrong information and from a bare perusal of the
attestation form of the petitioner which suggests that the petitioner
has furnished wrong information and it is a clear cut case that the
petitioner has concealed the material information had not
mentioned the criminal cases and he has been convicted in the year
2010 and he has been appointed in the year 2015 which suggests
that on the date of furnishing attestation form he was convicted in
criminal case and he had not disclosed the same in his attestation
form and learned Central Administration Tribunal has rightly
rejected the claim of the petitioner.
7. We have heard the learned counsel for the parties at
length and perused of the material available on the record, the
Patna High Court CWJC No.11838 of 2025 dt.15-10-2025
petitioner has been removed from the service on the ground of
suppression of material facts in the attestation form and the learned
Central Administration Tribunal has rightly rejected the claim of
the petitioner.
8. There is no merit in the writ application. Accordingly,
it is dismissed.
9. Interlocutory application, if any, is pending, also
stands disposed of.
(Sudhir Singh, J)
I agree.
Nitesh/- ( Rajesh Kumar Verma, J)
AFR/NAFR NAFR
CAV DATE 02.09.2025
Uploading Date 15.10.2025
Transmission Date NA
