Patna High Court
Pawan KumarversusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
The Court grants the petitioner liberty to file a review petition before the CAT seeking review of the impugned order.
Summary
Pawan Kumar filed a writ petition challenging a Central Administrative Tribunal (CAT) order that dismissed his original application without addressing its merits because a civil review petition filed by the Union of India was pending. He contended that the civil review petition had been dismissed for want of prosecution, and therefore he should be allowed to seek a review of the CAT order. The respondents (Union of India and railway officials) raised no objection. The Patna High Court held that, given the dismissal of the civil review petition, the petitioner should be granted liberty to file a review petition before the CAT. The Court expressly refrained from commenting on the merits of the underlying dispute and disposed of the writ petition, reserving the liberty to the petitioner.
Issues considered
- Whether the petitioner is entitled to liberty to file a review petition before the CAT after the civil review petition pending before the High Court has been dismissed for want of prosecution.
Subjects
- writ petition
- review petition
- Central Administrative Tribunal
- civil review petition
- procedural law
- administrative law
- liberty to file
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20573 of 2025
======================================================
Pawan Kumar Son of Late Dileshwar Yadav, Resident of Village- Manjhala
Khurd, P.O.- Dumari Chatti, Police Station- Fatehpur, District- Gaya.
... ... Petitioner/s
Versus
1. The Union of India through the General Manager, East Central Railway,
Hajipur.
2. The Chief Personnel Officer, East Central Railway, Hajipur.
3. The Divisional Railway Manager, Dhanbad Division, P.O. Dhanbad,
District- Dhanbad.
4. The Senior Divisional Personnel Officer, Dhanbad Division, East Central
Railway, P.O. Dhanbad, District- Dhanbad.
5. The Station Superintendent, Gajhandi Railway Station, P.O. Gajhandi,
District- Koderma (Jharkhand).
6. Sunita Devi, Ist Wife of Late Dileshwar, resident of Village- Ambatari,
Police Station- Mohanpur, District- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Prasad Singh, Sr. Advocate
Mr. Varun Krishna, Advocate
Mr. Venkatesh Kaushik, Advocate
Mr. Rajeev Kumar, Advocate
For the UOI : Mr. Naresh Dikshit, Advocate
Ms. Kalpana, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
4 10-03-2026 The present writ petition has been filed assailing the
order dated 10.10.2025 passed by the learned Central
Administrative Tribunal, Patna Bench, Patna (hereinafter
referred to as “the learned CAT”) in O.A./050/00719/2025
whereby and whereunder the learned CAT has dismissed the
original application filed by the petitioner herein in limine
Patna High Court CWJC No.20573 of 2025(4) dt.10-03-2026
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without deciding the merits of the case of the petitioner on the
ground that a civil review petition bearing Civil Review No.173
of 2021, filed by the respondent no.6 herein before the Hon’ble
Patna High Court is pending consideration.
2. The learned counsel for the petitioner has pointed
out that the said civil review petition has been dismissed for
want of prosecution by an order dated 03.09.2025 passed by a
co-ordinate Bench of this Court and the petitioner was arrayed
as opposite party no.6 in the said civil review petition, hence
the petitioner be granted liberty to file a review petition before
the learned CAT, seeking review of the impugned order dated
10.10.2025 and hearing of the case on merits.
3. The learned counsel for the respondent No.1 to 5
has no objection.
4. Accordingly, this Court deems it fit and proper to
grant liberty to the petitioner to file a review petition before the
learned CAT seeking review of the impugned order dated
10.10.2025, in view of the fact that the civil review petition filed
by the respondent no.6 herein before this Court has stood
dismissed for want of prosecution by a co-ordinate Bench of this
Court vide order dated 03.09.2025.
5. It is needless to state that this Court has not
Patna High Court CWJC No.20573 of 2025(4) dt.10-03-2026
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expressed any opinion on the merits of the case.
6. Accordingly, the present writ petition stands
disposed off with the aforesaid liberty reserved to the petitioner.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
kanchan/-
U
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