Writ petition disposed of as withdrawn by the Patna High Court with liberty to the petitioner to approach the Central Administrative Tribunal to avoid multiplicity of litigation regarding appointment to a post.
Writ petition disposed of as withdrawn with liberty to approach the Tribunal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24066 of 2013
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Sanjay Kumar Son Of Bachha Prasad Singh Resident Of Village - Done, District - Siwan
.... .... Petitioner
.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Bindhyachal Singh, Advocate And Ranjeet Kumar, Advocate For the Respondent/s : Mr. N. A. Shamsi (A.S.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI) 2 05-03-2014 Heard Mr. Bindhyachal Singh, learned Advocate for the petitioner, and Mr N.A.Shamsi, learned Assistant Solicitor General for the respondent-Union of India.
With the help of the writ petition made under Article 226 of the Constitution of India, the petitioner has put to challenge the order, dated 25.10.2013, passed in M.A.No.419 of 2013, arising out of Original Application (in short, the O.A.) No.524 of 2013, whereby the learned Central Administrative Tribunal, Patna Bench (in short, the Tribunal) has rejected the
Patna High Court CWJC No.24066 of 2013 (2) dt.05-03-2014
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writ petitioner’s prayer for impleading him as a party to O.A.No.524 of 2013 on the ground that he (the writ petitioner) is a necessary party inasmuch as it was on writ petitioner’s complaint that the selection of Respondent No.7 (herein, namely, Chandan Rai) to the post of GDSMC, at Mathia Branch Post office, was cancelled.
While rejecting the present application seeking to be impleaded as a party in O.A.No.524 of 2013, the learned Tribunal has pointed out that the present petitioner, too, has instituted O.A.No.671 of 2013 seeking order for his appointment to the post of GDSMC, at Mathia Branch Post office, which respondent no.7 (herein Chandan Rai) had been holding until the time his selection to the said post was cancelled.
It has, now, been submitted, on behalf of the writ petitioner, that the writ petitioner has also withdrawn O.A.No.524 of 2013 with the liberty to approach the learned Tribunal as per rules if he has any grievance and that the writ petitioner herein has, now, decided to approach the learned Tribunal inasmuch as his grievance can be redressed, in terms of law, by the learned Tribunal. It has been further submitted that the petitioner seeks to withdraw this writ petition with liberty to approach the learned Tribunal by an O.A.
Patna High Court CWJC No.24066 of 2013 (2) dt.05-03-2014
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Considering the matter in its entirety and in the interest of justice, this writ petition is disposed of as withdrawn with liberty granted to the writ petitioner to approach the learned Tribunal in accordance with law. If the petitioner files O.A., the learned Tribunal shall consider and dispose of the O.A. in accordance with law along with O.A.No.524 of 2013 so as to prevent and rule out multiplicity of litigation and possibility of conflicting decision.
(I. A. Ansari, J)
(Samarendra Pratap Singh, J)
Shashi.
1 provisions across 1 enactments
Sanjay Kumar
Union Of India
Chandan Rai
I. A. Ansari
Samarendra Pratap Singh
As recorded by the court registry
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