The Patna High Court dismissed a writ petition challenging a Tribunal order remitting a railway recruitment dispute to the employer for re-examination. The Court found no merit in the petitioners' appeal, holding the remittal lawful and no reasonable apprehension of bias existed after five years.
The writ application stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14515 of 2015
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Tiwari, Advocate. Mr. Narendra Kumar, Advocate. Mr. Dhananjay Kumar Shahi, Advocate. For the Respondent/s : Mr. Anil Kumar Sinha, Advocate. Mr. Abhimanyu Deo, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) Date: 19-08-2016
Patna High Court CWJC No.14515 of 2015 dt.19-08-2016
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Heard learned counsel for the parties.
consideration.
Patna High Court CWJC No.14515 of 2015 dt.19-08-2016
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Tribunal, the authorities came out with the stand that since the present writ petitioners did not secure 60% marks, they were not selected. The Tribunal, after considering all aspects of the matter, remitted the matter to the Chief Personnel Officer, E.C. Railway, Hajipur for having a re-look into the final result of the second selection with a view to verify whether adding of marks of seniority is in accordance with the rules and why there were discrepancies in two tabulations and also for checking the specific cases cited by the applicants(writ petitioners) and further, in case there was variation in the result, the affected persons be given opportunity to represent and thereafter, a reasoned and speaking order be passed. The petitioners, being aggrieved by the order of the Tribunal, have preferred the present writ application.
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first result was cancelled by the authorities themselves when irregularities were detected, which shows their bona fide and in the declaration of the result in second round, sufficient precautions were taken and the exercise was just and fair.
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(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
Sujit/-
AFR/NAFR
U
2 issues framed by the court
Whether the writ petitioners' challenge to the Central Administrative Tribunal's order remitting the selection matter to the same authority can succeed.
Whether a presumption of bias attaches against the respondents merely because the matter is remitted to them for a fresh decision.
Gajendra Singh
Harendra Prasad Rai
The Union of India through the General Manager, East Central Railway, Hazipur
The Chief Personnel Officer, East Central Railway, Hazipur
The Divisional Railway Manager (Personnel), East Central Railway Sonepur
The Divisional Railway Manager, East Central Railway Sonepur
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
