Patna High Court
Arun Kumar SinghversusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the petitioners may approach the CAT to challenge the order and that the interim order shall remain in force until the CAT disposes of the petitioners’ application.
Summary
The petitioners, two railway employees, challenged an order dated 19‑08‑2025 issued by the Deputy Chief Personnel Officer of East Central Railway. They sought liberty to approach the Central Administrative Tribunal (CAT) to contest that order, while requesting that the interim order dated 13‑08‑2025 remain in force. The Patna High Court, after hearing counsel, granted the petitioners a two‑week period to file an original application before the CAT and directed the CAT to dispose of it within two weeks after pleadings are completed. The Court clarified that the interim order will continue until the CAT’s disposal, but will be vacated if the petitioners fail to file the application within the stipulated time. The writ petition was consequently disposed of on these terms with the consent of the parties.
Issues considered
- What relief, if any, should be granted to the petitioners to approach the Central Administrative Tribunal to challenge the order dated 19‑08‑2025?
- Whether the interim order dated 13‑08‑2025 should continue pending the CAT’s decision?
Subjects
- writ jurisdiction
- administrative law
- Central Administrative Tribunal
- railway service
- interim order
- liberty to approach tribunal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12949 of 2025
======================================================
1. Arun Kumar Singh Son of Sri Paras Nath Singh, Chief Law Assistant, East
Central Railway, Hajipur, Resident of Aparna Colony, Ram Jaipal Nagar,
P.S. Rupaspur, Dist. - Patna.
2. Jyoti Prakash, Son of Late Prabhakar Prasad Sinha, Inquiry Inspector, East
Central Railway, Hajipur, Resident of village- Barkajpur, P.S. - Simari, Dist.
- Buxar.
... ... Petitioner/s
Versus
1. The Union of India through The Secretary, Ministry of Railway, Railway
Board, Rail Bhawan, New Delhi- 110001.
2. The Deputy Director-II, Establishment (GP), Ministry of Railway, Rail
Bhawan, New Delhi- 110001.
3. The Director (Establishment) Ministry of Railway, Rail Bhawan, New
Delhi- 110001.
4. The General Manager, East Central Railway, Hajipur, P.O. Digghi Kalan,
P.S. Hajipur, District- Vaishali (Hajipur).
5. The Principal Chief Personnel Officer, East Central Railway, Hajipur, P.O.
Digghi Kalan, P.S. Hajipur, District- Vaishali (Hajipur).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Singh, Sr. Advocate
Mr. Prasoon Shekhar, Advocate
Mr. Avinash Singh, Advocate
Ms. Shambhavi Singh, Advocate
Mr. Sumit Kumar, Advocate
For the Respondent/s : Mr. Dr. K.N. Singh, ASG
Mr. Subodh Kumar Jha, Sr. CGC
Mrs. Arehana, CGC
Mr. Ram Tujabh Singh, CGC
Mr. Birendra Kant Chaudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
Date : 17-03-2026
Heard the learned senior counsel for the
petitioners, Mr. Shekhar Singh assisted by Mr. Prasoon Shekhar,
Patna High Court CWJC No.12949 of 2025 dt.17-03-2026
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Advocate and the leaned Additional Solicitor General for the
respondents, Dr. K.N. Singh, Senior Advocate assisted by Mr.
Subodh Kumar Jha, Senior CGC and other counsels.
02. We have been taken through the reasoned and
speaking order dated 19.08.2025 passed by the Deputy
CPO/Gaz/ECR, East Central Railway/Hajipur, which has been
passed in compliance of the impugned order dated 25.07.2025
passed by the learned Central Administrative Tribunal, Patna
(hereinafter referred to as 'CAT') in O.A. No. 050/00534/2025.
03. At the outset, the learned senior counsels for
the parties do not dispute the fact that the veracity of the
aforesaid order dated 19.08.2025 passed by the learned Deputy
CPO, ECR is required to be first tested before the learned CAT.
Thus, it is submitted by the learned senior counsel for the
petitioners that the petitioners be granted liberty to approach the
learned CAT for challenging the said order dated 19.08.2025 but
in the meantime, the interim order dated 13.08.2025 passed in
the present case may be directed to be continued.
04. Having regard to the facts and circumstances
of the case and considering the submission made by the learned
senior counsels for the parties, we grant liberty to the petitioners
to file Original Application before the learned CAT challenging
Patna High Court CWJC No.12949 of 2025 dt.17-03-2026
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the aforesaid order dated 19.08.2025, within a period of two
weeks from today, whereupon the learned CAT shall ensure that
the pleadings are completed within a period of four weeks. We
further request the learned CAT to dispose of the said Original
Application to be filed by the petitioners within a period of two
weeks thereafter.
05. It is needless to state that till the disposal of the
aforesaid Original Application to be filed by the petitioners, the
interim order dated 13.08.2025, passed by this Court earlier in
the present case shall continue. Nonetheless, it is clarified that in
case the petitioners fail to file the Original Application within a
period of two weeks from today, before the learned CAT, the
interim order dated 13.08.2025 shall stand vacated.
06. The present writ petition stands disposed off
on the aforesaid terms, with the consent of the parties.
(Mohit Kumar Shah, J)
( Arun Kumar Jha, J)
DKS/Anuradha
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.03.2026
Transmission Date NA
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