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Patna High Court

IndiaversusRakesh Raushan

Decided
Disposal
DISPOSED

Holding

The writ petition was held to be infructuous because the two‑year debarment period had expired, and therefore the petition was disposed.

Summary

The Union of India, represented by several senior officials of the East Central Railway, filed a writ petition in the Patna High Court challenging a judgment of the Central Administrative Tribunal (CAT) dated 08-07-2025, which had set aside an earlier order dated 14-03-2024 that debarred the respondent, Rakesh Raushan, from working on premium and express trains for two years. The petitioners argued that the two‑year debarment period had already elapsed and the respondent had been reposted to premium and express trains, rendering the writ petition moot. The Court examined whether a writ petition remains maintainable when the operative effect of the impugned order has ceased. It held that since the period of debarment was over and the respondent was already serving in the concerned trains, the petition could no longer achieve any relief. Consequently, the Court disposed of the writ petition as infructuous. The order was pronounced by a bench of Hon’ble Justices Mohit Kumar Shah and Arun Kumar Jha.

Issues considered

  • Whether a writ petition challenging a CAT order remains maintainable after the period of the debarment imposed by the order has expired
  • Whether the High Court can dismiss a petition as infructuous when the relief sought is no longer attainable

Subjects

  • writ petition
  • debarment
  • railway employees
  • Central Administrative Tribunal
  • patent and express trains
  • maintainability
  • infructuous

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1981 of 2026
                 ======================================================
           1.     The Union of India through the General Manager, East Central Railway,
                  Hajipur, PO-Digghi Kala, P.S.-Hip (Town), District-Vaishali at Hajipur, Pin
                  Code-841001.
           2.    The Principal Chief Commercial Manager, East Central Railway, Danapur,
                 Post-Khagaul, District-Patna-801105 (Bihar).
           3.    The Divisional Railway Manager, East Central Railway, Danapur, Post-
                 Khagaul, District-Patna-801105 (Bihar).
           4.    The Senior Divisional Commercial Manager, East Central Railway,
                 Danapur, Post-Khagaul, District-Patna-801105 (Bihar).
           5.    The Senior Divisional Personnel Officer, East Central Railway, Danapur,
                 Post-Khagaul, District-Patna-801105 (Bihar).
           6.    The Senior Divisional Finance Manager, East Central Railway, Danapur,
                 Post-Khagaul, District-Patna-801105 (Bihar).

                                                                            ... ... Petitioner/s
                                                    Versus

                 Rakesh Raushan Son of Sri Indra Deo Prasad, Deputy Chief Inspector of
                 Tickets, East Central Railway, Rajendra Nagar, Patna, Resident of Chanakya
                 Nagar, Kumhrar, District-Patna-800026 (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sanjeev Kumar, CGC
                 For the Respondent/s   :      Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   21-04-2026                    Though the present writ petition has been filed

                   challenging the judgment dated 08.07.2025, passed by the

                   learned Central Administrative Tribunal, Patna Bench, Patna in

                   OA/050/00846/2024 whereby and whereunder the original
            Patna High Court CWJC No.1981 of 2026(3) dt.21-04-2026
                                                        2/2




                      application has been allowed and the impugned order dated

                      14.03.2024 has been set aside, however the learned counsel for

                      the petitioners has pointed out that the period of two years for

                      which the petitioner was debarred from working in all premium

                      and express trains by the said order dated 14.03.2024, has

                      already expired, whereafter the petitioner has been posted in

                      premium and express trains. Therefore, it is submitted that the

                      present writ petition has been rendered infructuous during the

                      interregnum period, thus the same be disposed of.

                                  2.       Accordingly, the present writ petition stands

                      disposed of.


                                                         (Mohit Kumar Shah, J)


                                                              (Arun Kumar Jha, J)

kanchan/-

U


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