Dismissed

The Union Of India and Ors. v. Mahendra Kumar Singh

Patna HC18 Apr 2016CWJC/11213/2014

Case brief

AI extract

What is this about?

The Patna High Court dismissed three writ applications filed by the Union of India against a Central Administrative Tribunal order reinstating postal respondents. The court held the Tribunal's decision of August 21, 2015, stood affirmed by a Division Bench judgment from 2013 in a related matter concerning forged mark-sheets.

What did the court decide?

The writ applications were dismissed. The Tribunal's order of reinstatement was upheld.

The Union Of India and Ors. Vs Mahendra Kumar Singh — Service and Employment | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.10840 of 2014

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

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The Chief Post Master General, Bihar Circle, Patna.

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The Director of Postal Services (Hqr) O/o the Chief Postmaster General, Bihar Circle, Patna.

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The Asstt. Director (Staff), O/o the Chief Postmaster General, Bihar Circle, Patna.

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The Superintendent of Post officers, Aurangabad Division, Aurangabad.

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.... .... Petitioners

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Versus

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Nirbhay Kumar Singh, Son of Sri Rameshwar Singh, resident of Village - Shiva Bigha, P.O. Cheia, Via - War, P.S. Salaiya, District – Aurangabad.

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.... .... Respondent

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With

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=========================================================== Civil Writ Jurisdiction Case No. 10928 of 2014

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===========================================================

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

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The Chief Post Master General, Bihar Circle, Patna.

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The Director of Postal Services (Hqr) O/o the Chief Post Master General, Bihar Circle, Patna.

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The Asst. Director (Staff) O/o the Chief Post Master General, Bihar Circle, Patna.

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The Superintendent of Post Offices, Aurangabad Division, Aurangabad.

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.... .... Petitioners

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Versus

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Amod Kumar Singh, Son of Sri Ram Swaroop Singh, resident of Mohalla- MG Road, Near Amit Hotel District- Aurangabad.

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.... .... Respondent

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With

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===========================================================

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Civil Writ Jurisdiction Case No. 11213 of 2014

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===========================================================

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

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The Chief Post Master General, Bihar Circle, Patna.

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The Director of Postal Services (Hqr) O/o the Chief Post Master General, Bihar Circle, Patna.

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The Asstt. Director (Staff) O/o of the Chief Post Master General, Bihar Circle, Patna.

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The Superintendent of Post Offices, Aurangabad Division, Aurangabad. .... .... Petitioners

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Versus

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Mahendra Kumar Singh, Son of Sri Parmeshwar Singh, resident of Village - Basdiha Gopal, P.O. - Hariharganj, P.S. - Kutumba, District - Aurangabad.

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.... .... Respondent

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Patna High Court CWJC No.10840 of 2014 dt.18-04-2016

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2/3

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=========================================================== Appearance : (In all the cases) For the Petitioners : Mr. S. D. Sanjay, A.S.G For the Respondents : Mr. Manager Sah, Advocate

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=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)

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Date: 18-04-2016

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The order dated 6^th February, 2014 passed by the Central Administrative Tribunal, Patna Bench, Patna (for short, ‘the Tribunal’) is subject matter of challenge in the present writ applications preferred by the Union of India.

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The learned Tribunal has directed the respondents to be reinstated in service. The respondents were dismissed consequent to disciplinary proceedings initiated against them for tampering with the mark sheets obtained from Bihar Intermediate Education Council. The learned Tribunal allowed the writ application in the light of the earlier order passed by the Tribunal on 17.04.2013 giving liberty to the petitioners to substantiate the charge that the respondents got appointment on the basis of forged mark-sheets.

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In the counter affidavit, it has been explained that earlier in O.A. No.293 of 2012, the respondent challenged the order of dismissal which was quashed on 17.04.2013. It is the said order which was challenged vide CWJC No.15846 of 2013 which was dismissed on

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Patna High Court CWJC No.10840 of 2014 dt.18-04-2016

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3/3

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21^st of August, 2015.

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In view of the decision in earlier O.A.No.293 of 2012 which stands affirmed by a Division Bench of this Court in CWJC No.15846 of 2013, the present writ applications are dismissed.

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(Hemant Gupta, J.)

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(Ahsanuddin Amanullah, J.)

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Sunil/-

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AFR/NAFR N. A. F.R. CAV DATE N. A. Uploading Date 20.4.2016 Transmission Date

The Union Of India and Ors. v. Mahendra Kumar Singh

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The Union Of India and Ors. v. Mahendra Kumar Singh

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