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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
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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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