Petitioner challenged CAT orders declining notional promotion with consequential benefits. The court observed that the censure penalty had since been set aside and directed the petitioner to seek notional promotion in fresh proceedings before the Tribunal.
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NC: 2024:KHC:36670-DB WP No. 25858 of 2014 C/W WP No. 25859 of 2014 WP No. 25860 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT PETITION NO. 25858 OF 2014 (S-CAT)
C/W
WRIT PETITION NO. 25859 OF 2014 (S-CAT) WRIT PETITION NO. 25860 OF 2014 (S-CAT)
IN WP No. 25858/2014
BETWEEN:
MR. N.C SINHA S/O LATE MR. J.C SINHA AGED ABOUT 59 YEARS
Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA
WORKING AS ADDITIONAL GENERAL MANAGER CENTRAL RAILWAY, MUMBAI AND RESIDING AT NO. 121 A A.R BLOCK, BUDHWAR PARK COLABA, MUMBAI-400 023.
…PETITIONER
(BY SRI. C.K. NANDAKUMAR, SENIOR COUNSEL FOR SRI. VARSHA HITTINHALLI AND SRI. RAGHURAM CADAMBI, ADVOCATES)
AND:
RASHTRAPATHI BHAVAN NEW DELHI-110 004.
…RESPONDENTS
(BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R1, 4 & 5; SMT. KAVITHA H.C, ADVOCATE FOR R2, R3 & R6; R7 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DT.7.3.14, PASSED BY THE HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, IN OA.NO.525/2013 & ALLOW THE APPLICATION IN OA.NO.980/2013, AS PRAYED FOR VIDE ANNX-E.
IN WP NO. 25859/2014
BETWEEN:
MR. N.C. SINHA
S/O LATE MR. J.C SINHA AGED ABOUT 59 YEARS WORKING AS ADDITIONAL GENERAL MANAGER CENTRAL RAILWAY, MUMBAI AND RESIDING AT NO. 121 A A R BLOCK, BUDHWAR PARK COLABA, MUMBAI-400 023.
...PETITIONER
(BY SRI. C.K. NANDAKUMAR, SENIOR COUNSEL FOR SRI. VARSHA HITTINHALLI AND SRI. RAGHURAM CADAMBI, ADVOCATES )
AND:
NC: 2024:KHC:36670-DB WP No. 25858 of 2014 C/W WP No. 25859 of 2014 WP No. 25860 of 2014
RAISINA ROAD NEW DELHI-110 001
...RESPONDENTS
(BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R1, R4, & R5; SMT.KAVITHA H.C, ADVOCATE FOR R2, R3 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOSET ASIDE THE ORDER DT.7.3.14, PASSED BY THE HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, IN OA.NO.650/2013 & ALLOW THE APPLICATION IN OA.NO.650/2013, AS PRAYED FOR VIDE ANNX-D.
IN WP NO. 25860/2014
BETWEEN:
MR. N.C SINHA S/O LATE MR. J.C SINHA AGED ABOUT 59 YEARS WORKING AS ADDITIONAL GENERAL MANAGER CENTRAL RAILWAY, MUMBAI AND RESIDING AT NO. 121 A A R BLOCK, BUDHWAR PARK
COLABA, MUMBAI-400 023.
...PETITIONER
(BY SRI.C.K. NANDAKUMAR, SENIOR COUNSEL FOR SRI. VARSHA HITTINHALLI AND SRI. RAGHURAM CADAMBI, ADVOCATES)
AND:
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOSET ASIDE THE ORDER DT.7.3.14, PASSED BY THE HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, IN OA.NO.980/2013 & ALLOW THE APPLICATION IN OA.NO.980/2013, AS PRAYED FOR VIDE ANNX-C.
- 6 - NC: 2024:KHC:36670-DB WP No. 25858 of 2014 C/W WP No. 25859 of 2014 WP No. 25860 of 2014
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and
HON'BLE MR JUSTICE RAJESH RAI K
ORAL ORDER
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
The challenge in these writ petitions is to the orders passed by the Central Administrative Tribunal dated 07.03.2014 in O.A.Nos.525/2013, 650/2013 and 980/2013.
rule position as to whether the petitioner shall be entitled to notional promotion from a backdate including the consequential benefits. This, according to Mr. Nandakumar, is because in a separate proceeding being in O.A.No.516/2021, the penalty of censure imposed on the petitioner has been set aside. In other
words, there is no impediment for the petitioner to seek promotion and consequential benefits.
the petitioner to seek the prayer as urged by Mr. Nandakumar inasmuch as the petitioner is entitled to notional promotion to the post of Additional Member, Railway Board, from a backdate in fresh proceedings before the Central Administrative Tribunal.
Sd/(V KAMESWAR RAO) JUDGE
Sd/(RAJESH RAI K) JUDGE
KTY List No.: 1 Sl No.: 15
1 issue framed by the court
Whether the petitioner is entitled to notional promotion to the post of Additional Member, Railway Board from a backdate with consequential benefits after the censure penalty was set aside.
2 provisions across 2 enactments
MR. N.C SINHA
UNION OF INDIA REPRESENTED BY ITS CABINET SECRETARY, CABINET SECRETARIAT
RAILWAY BOARD, RAILWAY BHAVAN, RAISINA ROAD, NEW DELHI REPRESENTED BY ITS CHAIRMAN
SECRETARY, RAILWAY BOARD, RAILWAY BHAVAN, RAISINA ROAD, NEW DELHI
DEPARTMENT OF PERSONNEL & TRAINING, GOVERNMENT OF INDIA REPRESENTED BY ITS SECRETARY
ESTABLISHMENT OFFICER, GOVERNMENT OF INDIA
V KAMESWAR RAO
RAJESH RAI K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
