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Patna High Court

Hemant Kumar VermaversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The review petition is dismissed as not maintainable and is disposed of as not pressed.

Summary

The petitioners, three former railway station masters, filed a review petition in the Patna High Court challenging a judgment dated 30 January 2023 in Civil Writ Jurisdiction Case No.11817 of 2018. Their review was predicated on a Special Leave Petition (C) (Diary No.18519 of 2023) that had been dismissed by the Supreme Court on 4 July 2023. The petitioners subsequently admitted that the review petition was not maintainable. The Court, noting the dismissal of the SLP and the petitioners' admission, disposed of the review petition as not pressed. Consequently, the review petition was dismissed without further hearing.

Issues considered

  • What is the maintainability of a review petition when the underlying Special Leave Petition has been dismissed and the petitioners admit non-maintainability?

Subjects

  • review petition
  • special leave petition
  • maintainability
  • civil writ jurisdiction
  • railway employees
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CIVIL REVIEW No.118 of 2024
                                                       In
                               Civil Writ Jurisdiction Case No.11817 of 2018
                 ======================================================
           1.     Hemant Kumar Verma son of Late Roop Lal, Ex Station Master, East
                  Central Railway, Mugalsarai, Resident of Village/Mohalla - Anand Bazar,
                  P.O. - Danapur Cantt., P.S. - Danapur, District - Patna Bihar.
           2.    Shankar Kumar Verma, son of Late Mahadev Narayan Verma, Ex -
                 Adjudicator Station Master, East Central Railway, Mugalsarai, Resident of
                 Village/Mohalla - Yogendra Palace, Flat No. 301, Khajpura, P.O. B.V.
                 Colony, P.S. - Airport, District - Patna Bihar.
           3.    Jagat Kumar son of Late Ganga Ram, Ex Station Master, East Central
                 Railway, Mugalsarai, Resident of Village/Mohalla -Mulcharisthan, P.O. of
                 Bari Khagaul, Khagaul, P.S. - Khagaul, District - Patna Bihar.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The Union of India through its Chairman, Railway Board, Ministry of
                 Railway, Government of Bihar, Rail Bhawan, New Delhi-110001.
           2.    The General Manager, East Central Railway, East Central Railway, Hajipur,
                 P.O. - Digghi Kalan, P.S. Hajipur, District Vaishali Hajipur, Pin Code-
                 844101 (Bihar).
           3.    The General Manager (Personnel), East Central Railway, East Central
                 Railway, Hajipur, P.O. - Digghi Kalan, P.S. Hajipur, District Vaishali
                 Hajipur, Pin Code-844101.
           4.    The Divisional Railway Manager, East Central Railway, Mugalsarai, P.O.
                 Mugalsarai, P.S.-Mugalsarai, District-Chandauli (U.P.).
           5.    The Divisional Railway Manager (Personnel), East Central Railway,
                 Mugalsarai, P.O. Mugalsarai, P.S.-Mugalsarai, District-Chandauli (U.P.).
           6.    The Senior Divisional Financial Manager, East Central Railway, Mugalsarai,
                 P.O. Mugalsarai, P.S.-Mugalsarai, District-Chandauli (U.P.).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Bajarangi Lal, Adv.
                 For the UOI            :      Mr. Prakash Chandra Agrawal, Sr. CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   23-04-2026                   At the outset, realizing the fact that the challenge to
         Patna High Court C. REV. No.118 of 2024(3) dt.23-04-2026
                                                      2/2




                   the judgment under review dated 30.1.2023, passed in CWJC

                   No. 11817 of 2018, before the Hon’ble Apex Court, by way of

                   filing Special Leave Petition (C) Diary No. 18519 of 2023, has

                   failed, inasmuch as the Hon’ble Apex Court has dismissed the

                   said special leave petition finding no merit in the same, vide

                   order dated 4.7.2023, the learned counsel for the petitioner

                   admits that the present petition is not maintainable, hence it is

                   prayed that the same be disposed of.

                   2.      Accordingly, the present review petition stands disposed

                   of as not pressed.


                                            (Mohit Kumar Shah, J)


                                              ( Arun Kumar Jha, J)

Ajay/-

U


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