Disposed

Prakash Mandal v. the Union of India through the Secretary Cum D G Deptt of Posts

Jharkhand HC1 Oct 2024WPC/3567/2019

Case brief

AI extract

What is this about?

High Court of Jharkhand disposed of a writ petition filed by a postal employee against termination. Counsel argued for withdrawal with liberty to approach the Central Administrative Tribunal. Court granted leave to withdraw and disposed of the petition, directing the Tribunal to address limitation.

What did the court decide?

Leave granted to withdraw the writ petition with liberty to approach the Central Administrative Tribunal.

Prakash Mandal Vs the Union of India through the… — Service and Employment | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.3567 of 2019

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Prakash Mandal, aged about 28 yrs, S/o Sri Indradeo Mandal, resident of Village – Kashitar, P.s. – Narayanpur, District – Jamtara, [Jharkhand]. … … Petitioner

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… … Petitioner Versus

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The Union of India through the Secretary Cum D.G., Department of Posts, Dak Bhawan, New Delhi.

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The Chief Postmaster General, Jharkhand Circle, Ranchi.

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The Director of Postal Services, O/o Chief Postmaster General, Jharkhand Circle, Ranchi.

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The Sr. Superintendent of Post Offices, S.P. Division, Dumka.

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The Sub Divisional Inspector of Post Offices, Jamtara, [Jharkhand]. … … Respondents

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CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR

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For the Petitioner : Mr. J.K.Karn, Advocate : Mr. Subodh Kumar Dubey, Advocate For the Respondents : Ms. Leena Mukherjee, Advocate

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Order No. 22 / Dated 1^st October, 2024

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1. The writ petition has been filed under Article 226 of the Constitution of India making therein the following

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prayers:-

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(A) To set aside Memo No:Staff-II/CAT-Prakash Mandal/2017 Dated at Ranchi the 24.04.2019, issued by Director Postal Services (HQ) Bhubneshwar, Odisha Circle and exercising statutory powers of DPS(HQ) Jharkhand Circle, Ranchi as contained in Annexure-11, whereby the Petitioner has been ordered Termination.

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(B) To set aside Order dtd 16^th October 2017 passed by Ld. CAT, Circuit Bench Ranchi, as contained in Annexure-6, so far the same relates to the order passed in the case of Petitioner only i.e. O.A./051/00130/2016.

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(C) To set aside Order dated 20^th March 2018, passed by Ld. CAT, Circuit Bench, Ranchi, as contained in Annexure-10, whereby Review Application of Petitioner bearing RA/051/0008/2017, arising out of OA/051/00130/2016 has been dismissed.

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(D) For a direction upon the respondents to re-instate the Petitioner to his post with all consequential benefits.”

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2. Mr. J.K. Karn, learned counsel appearing for the petitioner, who has appeared through virtual mode along with Mr. Subodh Kumar Dubey, learned counsel on record, has submitted by showing the impropriety in the order passed by the learned Tribunal.

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3. The argument has been advanced by making reference of paragraph 8 and 11 of the impugned order. 4. It has been contended that learned Tribunal has passed order without taking into consideration the applicability of Rule 4(3) of the Department of Posts, Gramin Dak Sevaks (Conduct & Engagement) Rules, 2011 which is not applicable so far as the case of the present petitioner is concerned.

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5. Mrs. Leena Mukherjee, learned counsel appearing for the respondents, by referring to order of termination dated 24.10.2019 as appended as Annexure-11 to the paper book, has submitted that in view of the order passed by the learned Tribunal as under paragraph-11, fresh order of termination has been passed, as such, the same needs to be challenged by the petitioner before the court of first instance, i.e., the learned Central Administrative Tribunal having its jurisdiction since after passing of the order of termination, the same is a fresh cause of action.

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6. Upon this, Mr. Karn, learned counsel appearing for the petitioner, seeks leave of this Court to withdraw this writ

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petition with liberty to approach the learned Central Administrative Tribunal having its jurisdiction.

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7. Learned counsel for the petitioner while arguing, has submitted that the issue of limitation will be a rider. 8. This Court needs to refer herein that under the Administrative Tribunal Act, 1985 the provision is already there and to have the consideration of the said issue, an appropriate application is to be filed before the learned Tribunal.

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9. This Court, considering the aforesaid, is of the view that the present writ petition, as per the submission made on behalf of the learned counsel for the petitioner, needs to grant such leave for withdrawal of this writ petition with liberty to the petitioner to approach the leaned Tribunal.

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10. Accordingly, the present writ petition is disposed of with liberty to the petitioner to approach the learned Tribunal assailing the order of termination.

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11. The issue of limitation is to be considered by the learned Tribunal in accordance with law.

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12. The instant writ petition stands disposed of.

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(Sujit Narayan Prasad, J.)

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(Navneet Kumar, J.)

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Birendra/

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Prakash Mandal v. the Union of India through the Secretary Cum D G Deptt of Posts

Case brief

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Prakash Mandal v. the Union of India through the Secretary Cum D G Deptt of Posts

Case brief

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