Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 5668 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 13765 OF 2018]
[DIARY NO. 16797 OF 2018]
RAMA NATH JHA Appellant(s)
VERSUS
UNION OF INDIA Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. Writ Petition (C) No. 3548 of 2017 before the
High Court of Judicature at Patna was filed by the
appellant herein, challenging the order dated
14.12.2012 of the Central Administrative Tribunal,
Patna in OA No. 42 of 2005 and other connected
matters.
3. The issue pertains to the claim made by the
appellant that his promotion as a passenger guard was
based on a selection. The impugned Judgment of the
High Court reads as follows :-
“Heard counsel for the petitioner and the
Signature Not Verified
counsel for the Railways.
Digitally signed by
MAHABIR SINGH
Date: 2018.05.21
14:22:11 IST
Reason:
This Court is not willing to set aside the
th
order of the Tribunal dated 14 December,
2012 now in the year 2017 on the ground
2
that this petitioner was not made party
and heard.
From perusal of the order of the Central
Administrative Tribunal, Patna Bench,
Patna, it is evident that this well
considered decision has been taken keeping
in mind the policy in vogue as well as the
decisions, which have emerged subsequently
after other rounds of legal battle before
the Allahabad High Court and Hon'ble Apex
Court. Individual grievances can be
agitated before the Tribunal.”
4. We do not find that any of the contentions raised
by the appellant has been dealt with in the writ
appeal judgment. For that only reason, we set aside
the impugned Judgment and remand the matter to the
Division Bench of the High Court to consider the
matter afresh and pass a reasoned Judgment, adverting
to the contentions raised by the appellant.
5. The appeal is disposed of as above.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR ]
New Delhi;
May 18, 2018.
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ITEM NO.16 COURT NO.5 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Diary No. 16797 of 2018
RAMA NATH JHA Appellant(s)
VERSUS
UNION OF INDIA Respondent(s)
(FOR ADMISSION and I.R. and IA No.70165/2018-CONDONATION OF DELAY
IN FILING and IA No.70169/2018-EXEMPTION FROM FILING O.T.)
Date : 18-05-2018 This appeal was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Appellant(s) Mr. Aditya Shankar, Adv.
Mr. Sanchay Srivastava, Adfv.
Mr. Sameer Kumar, AOR
Mr. Prateek Singh Chaudhary, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned. Leave granted.
The appeal is disposed of in terms of the signed
non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)