Patna High Court
Rupesh KumarversusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
The High Court quashed the CAT's order of 06.03.2024 and remanded the matter to the CAT for fresh consideration of the dismissal order and the pending miscellaneous application.
Summary
The petitioner, Rupesh Kumar, filed a writ petition seeking to quash the order dated 06.03.2024 of the Central Administrative Tribunal (CAT) which had dismissed his original application and held the chargesheet valid. The High Court observed that during the pendency of the original application, a separate dismissal order dated 03.03.2023 was passed by the Superintendent of Post Offices, which the petitioner had challenged through a miscellaneous application (MA No. 050/0033 of 2024) that the CAT failed to consider. The Court found that the CAT either was unaware of or overlooked this pending application, leading to a procedural lapse. In the interest of justice, the Court agreed with the parties to quash the CAT's 06.03.2024 order and remand the matter back to the CAT for fresh adjudication of both the chargesheet and the dismissal order, with a directive to dispose of the original application within five months. The writ petition was consequently disposed of without expressing any view on the merits of the case.
Issues considered
- Whether the order dated 06.03.2024 passed by the CAT should be quashed.
- Whether the CAT erred by not considering the miscellaneous application (MA No. 050/0033 of 2024) challenging the dismissal order dated 03.03.2023.
- Whether the dismissal order dated 03.03.2023 is legally valid and requires fresh adjudication.
- Whether remand of the matter to the CAT for fresh consideration is appropriate.
Subjects
- writ petition
- quashing order
- Administrative Tribunal
- disciplinary dismissal
- remand
- procedural fairness
- miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5948 of 2025
======================================================
Rupesh Kumar, Male, Son of Madan Prasad Yadav Resident of Village and
P.O.- Sembhuapur, P.S.- Dumariyaghat, Dist.- East Champaran- 845423.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Department of Posts, Government
of India,Sansad Marg, Dak Bhawan, New Delhi- 110001.
2. The Secretary, Department of Posts, Government of India, Sansad Marg,
Dak Bhawan, New Delhi- 110001.
3. The State of Bihar through the Principal Secretary, Department of
Education, New Secretariat, Vikash Bhawan, Patna-800015.
4. The Secretary, Bihar Sanskrit Shiksha Board Harding Rd, Patna, Bihar-
800001.
5. The Chief Post Master General, Bihar Circle Harding Rd, Veerchand Patel
Road Area, Patna, Bihar-800001
6. The Postmaster General, Northern Region, Muzaffarpur-842002
7. The Director Postal Services, Northern Region, Muzaffarpur-842002.
8. The Superintendent of Post Offices, East Champaran Division, Motihari-
845401
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Sr. Advocate
Mr. Nilesh Sinha, Advocate
For the State : Mr. Sanjay, AC to AAG 4
For UOI : Mr. Radhika Raman, Sr. CGC
Mr. R.K. Sharma, CGC
Mr. Lokesh, Advocate
For BSSB : Mr. Shashank Shekhar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
7 03-02-2026 The present writ petition has been filed for quashing
the order dated 06.03.2024 passed by the learned Central
Patna High Court CWJC No.5948 of 2025(7) dt.03-02-2026
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Administrative Tribunal, Patna Bench, Patna (hereinafter
referred to as the ‘Ld. CAT’) in O.A. No. 050/00064/2023,
whereby and whereunder the original application filed by the
petitioner herein has been dismissed and it has been held that
the impugned chargesheet dated 19.12.2020/01.01.2021 does
not suffer from any infirmity.
2. This Court finds from the records, that during
pendency of the aforesaid original application filed by the
petitioner before the Ld. CAT, an order dated 03.03.2023 was
passed by the Superintendent of Post Offices, Champaran
Division, Motihari, whereby and whereunder the petitioner has
been awarded the punishment of dismissal from engagement,
which was challenged by the petitioner by filing one
miscellaneous application bearing MA No. 050/0033 of 2024 in
the month of January, 2024 itself before the Ld. CAT inter alia
praying therein to quash the same. Apparently, it escaped the
attention of the Ld. CAT, leading to non-consideration of the
said miscellaneous application, resulting in the Ld. CAT having
observed in paragraph No.35 of the impugned order dated
06.03.2024 that the impugned chargesheet has not given rise to
any cause of action since the same has been issued by a
competent authority, hence no pre-existing right of the applicant
Patna High Court CWJC No.5948 of 2025(7) dt.03-02-2026
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has been infringed specially in absence of any challenge to the
penalty order passed by the disciplinary authority on 03.03.2023
for the reason best known to the applicant.
3. Thus, we find that probably the Ld. CAT was either
not apprised or could not perceive that a miscellaneous
application bearing MA No. 050/0033 of 2024 was pending
consideration with regard to amendment of original application
to the effect of adding the prayer of quashing the order of
dismissal dated 03.03.2023, however in the meantime, the order
was reserved by the Ld. CAT on 23.01.2024.
4. Without going into the intricacies of the matter as
also the veracity of the fact as to whether the miscellaneous
application was brought to the notice of the Ld. CAT or not and
as to whether the same ought to have been disposed of by the
Ld. CAT or not, we find that the interest of justice would be
served in case the matter is remanded back to the Ld. CAT for
fresh consideration, especially regarding the legality of the order
of dismissal dated 03.03.2023.
5. We had put a query to the learned senior counsel
appearing for the petitioner, Sri. Rajesh Kumar Singh as also to
the learned counsels appearing for the respondents as to whether
they have any objection in case the matter is remanded back to
Patna High Court CWJC No.5948 of 2025(7) dt.03-02-2026
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the Ld. CAT for considering afresh, not only the issue regarding
legality of the chargesheet but also pertaining to the legality of
the order of dismissal dated 03.03.2023, the answer of the
learned senior counsel/counsels for the parties are in the
affirmative.
6. Having regard to the agreement reached in between
the parties, we deem it fit and proper to quash the order dated
06.03.2024 passed by the Ld. CAT in O.A. No.050/00064/2023
and remand the matter back to the Ld. CAT for adjudication
afresh, which shall on the very first day of hearing deal with the
miscellaneous application filed by the petitioner for amendment
of the original application, to the extent of assailing the order of
dismissal dated 03.03.2023 and thereafter, give an opportunity
to the respondents to respond to the amended original
application by filing supplementary/additional written
statements and then the Ld. CAT shall adjudicate upon the
merits of the order of dismissal qua the petitioner herein.
7. We further deem it fit and proper to request the Ld.
CAT to dispose of the original application within a period of
five months from today, especially considering the fact that the
original application was filed in the year 2023 and the petitioner
has been suffering all throughout on account of non-payment of
Patna High Court CWJC No.5948 of 2025(7) dt.03-02-2026
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outstanding dues. It is made clear that any observation made in
the present order shall not be construed to be an expression on
the merits of the case. Nonetheless, the consequential benefits
would abide by the final decision of the Ld. CAT.
8. Accordingly, the present writ petition stands
disposed of.
(Mohit Kumar Shah, J)
(Alok Kumar Pandey, J)
GAURAV S./-
U
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