Full Judgment Text
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CASE NO.:
Appeal (civil) 1797 of 2008
PETITIONER:
SHIVE KUMAR TANTI
RESPONDENT:
U.O.I. & ORS.
DATE OF JUDGMENT: 04/03/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
(Arising out of SLP(C)No.5518 of 2006)
Leave granted.
This appeal is directed against the judgment and order dt.05.12.2005 passed by the H
igh
Court of Judicature at Patna in C.W.J.C.No.7505 of 2004 by which the High Court has affirmed
the
order passed by the Central Administrative Tribunal by which the appellant’s preference for
the post
of Train Clerk was not accepted. We have perused the impugned order. After hearing the lea
rned
counsel for the parties, we are of the view that the High Court while dismissing the
Writ Petition had not passed a speaking and reasoned order. Accordingly, we set aside the i
mpugned
order and remit the case back to the High court for decision on merits and in accordance wit
h law.
We request the High Court to decide the matter preferably within three months from the date
of
communication of this order without granting any unnecessary adjournment to either of the pa
rties.
The appeal is allowed to the extent indicated above. No order as to costs.
We make it clear that we have not expressed any opinion on the merit of the matter a
nd the
same shall be decided by the High Court.