Union of India Thru. Secy. Ministry of Communications, Deptt. of Posts and 2 Others vs Bachan Prasad Yadav — Allahabad HC (2025) — LawSathi Research

Union of India Thru. Secy. Ministry of Communications, Deptt. of Posts and 2 Others vs Bachan Prasad Yadav — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: notice issued to the respondent (steps within a week; affidavit of service within two weeks; returnable at an early date, listed 19.12.2025) and the impugned Tribunal judgment and order dated 03.07.2025 stayed till the next date of listing; final adjudication of the writ petition deferred.

Issue for consideration

Whether the writ of certiorari should issue to quash the Tribunal's judgment and order dated 03.07.2025, whereby the Tribunal reiterated/revived its earlier order dated 11.07.2023 (condoning the delay) without deciding the question of limitation, allegedly overreaching its jurisdiction despite the order having already been set aside. +1 more

Ratio / Principle

Considering the facts and circumstances placed before it, the Court held that the matter requires consideration and admitted the writ petition for adjudication.

Key takeaways

Notice was ordered to be issued to the respondent, returnable at an early date; petitioners to take steps within a week and file affidavit of service within two weeks.ratio¶22
As an interim measure, the impugned judgment and order dated 03.07.2025 passed by the Tribunal was stayed until the next date of listing fixed as 19.12.2025.ratio¶25

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH), Court No. 2 | WRIT - A No. - 13217 of 2025 | Decided 14.11.2025 | Coram: Hon'ble Mrs. Sangeeta Chandra, J. and Hon'ble Amitabh Kumar Rai, J. | Union Of India Thru. Secy. Ministry Of Communications, Deptt. Of Posts And 2 Others v. Bachan Prasad Yadav. Writ petition under Article 226-nature certiorari prayer seeking quashing of the judgment and order dated 03.07.2025 of the Central Administrative Tribunal, Lucknow Bench in O.A. No.332/00447/2018 (Bechan Prasad Yadav v. Union of India), whereby the Tribunal — on reconsideration after the Division Bench in Writ-A No.9763 of 2023 (Neutral Citation No. 2024:AHCLKO:40013-DB, judgment and order dated 25.05.2024) had set aside its earlier order dated 11.07.2023 and restored the O.A. solely for reconsideration of limitation — condoned the delay and gave effect to its earlier judgment and order dated 11.07.2023 without deciding the question of limitation. Interim order: matter admitted for consideration; notice to respondent (steps within a week, affidavit of service within two weeks); impugned order dated 03.07.2025 stayed till 19.12.2025. Substantive challenge to the Tribunal's alleged jurisdictional overreach left open for adjudication.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 13217 of 2025

Union Of India Thru. Secy. Ministry Of Communications, Deptt. Of Posts And 2 Others

.....Petitioner(s)

Versus

Bachan Prasad Yadav

.....Respondent(s)

Counsel for Petitioner(s) : Varun Pandey Counsel for Respondent(s) :

Court No. - 2

HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J.

1. Heard Shri S.B. Pandey, learned Senior Advocate and Deputy Solicitor General of India assisted by Shri Varun Pandey, learned counsel for the petitioners.

2. This petition has been filed with the following prayers :-

"(i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned judgment and order dated 03.07.2025 passed by the learned Central Administrative Tribunal, Lucknow Bench, Lucknow in Original Application No.447 of 2018 : Bechan Prasad Yadav vs. Union of India and others, contained as Annexure No.1 to the writ petition.

(ii) Issue any other order or direction with this Hon'ble Court may deem fit proper and necessary in the circumstances of the case."

3. It has been submitted by learned counsel for the petitioners that the respondent had filed Original Application No.332/00447/2018 before the Central Administrative Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as "Tribunal" ) challenging the punishment order passed albeit with a huge delay. The Original Application was allowed without considering the question of limitation. The petitioners approached this Court in Writ-A No.9763 of 2023 : Union of India Thru. Secy. Ministry of Communications Deptt. of Posts and Others vs. Presiding Officer, Central Administrative Tribunal Lko. and Another , wherein this Court was pleased to set aside the judgment and order dated 11.07.2023 passed in the aforesaid Original Application and directed that the Original Application shall stand restored for reconsideration of the aspect of limitation and thereafter if the occasion so arises further proceedings may be taken, meaning thereby, if it is found that the Original Application is not barred by limitation or there are good grounds for condoning the delay, then of course it shall proceed further, otherwise if it is found to be

WRIA No. 13217 of 2025

2

barred by limitation and delay is not condoned, the consequences will follow accordingly. A copy of the judgment and order dated 25.05.2024 passed in Writ-A No.9763 of 2023 Neutral Citation No. 2024:AHCLKO:40013-DB has been filed as Annexure-13 to the writ petition.

4. It has been further submitted that after the matter was restored to the Board of the Tribunal, the Tribunal has noticed that this Court had specifically remanded the matter to first decide the issue of limitation and then pass an appropriate orders, if it found the matter to be within limitation or delay could be condoned on justifiable grounds. The Tribunal, however, did not notice that this Court had already set aside the order dated 11.07.2023. The Tribunal has observed in the operative portion of the order that no material was brought by the Union of India to persuade the Tribunal to revise their opinion on merits of the case, as expressed in their judgment and order dated 11.07.2023 and in view of such facts, the delay was condoned and judgment and order dated 11.07.2023 was effective from the date of receipt of certified copy of this order for compliance of the directions contained in paragraph 10 thereof by the respondent/competent authority.

5. It has further been submitted by learned counsel for the petitioners that the Tribunal overreached its jurisdiction and has reiterated an order which has already been set aside only because it found merits in the case of the respondent without looking into the question of limitation.

6. Considering the aforesaid facts and circumstances of the case, the matter requires consideration.

7. Issue notice to the respondent, returnable at an early date.

8 . The petitioners shall take steps within a week and filing an affidavit of service within two weeks.

9. List this matter on 19.12.2025.

10. Till the next date of listing, the impugned judgment and order dated 03.07.2025 shall remain stayed.

(Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) November 14, 2025 Shubhankar

Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench