Patna High Court
IndiaversusSri Pranay Raj,
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is disposed of with the consent of the parties, and the earlier CAT order dated 23‑02‑2016 is to be implemented within four weeks.
Summary
The petitioners, senior officials of the North East Frontier Railway, filed a writ petition against the respondent, a former Loco Inspector now serving as a Loco Pilot, seeking to challenge his suitability for the post of Loco Inspector. In a supplementary affidavit, the petitioners admitted that the respondent had completed the required 75,000 kilometres of foot‑plate experience between November 2009 and April 2011, and therefore withdrew any challenge to the earlier orders of the Central Administrative Tribunal dated 23‑02‑2016 and 04‑10‑2024. The court directed that the CAT order of 23‑02‑2016 be implemented within four weeks and allowed the petitioners to take any steps permissible under the applicable railway rules to determine the respondent’s suitability. It further held that there was no ground for the court to interfere with the CAT orders. Consequently, the writ petition was disposed of with the consent of both parties.
Issues considered
- What is the effect of the petitioners' admission of the respondent's 75,000 km foot‑plate experience on the earlier CAT orders?
- Whether the High Court can intervene in the implementation of the Central Administrative Tribunal's orders concerning the respondent's suitability for the post of Loco Inspector.
Subjects
- writ jurisdiction
- railway service
- suitability
- foot‑plate experience
- Central Administrative Tribunal
- implementation of order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7830 of 2025
======================================================
1. The Union of India through the General Manager, North East Frontier
Railway Maligaon, (Guwahati) Pin- 781011
2. The General Manager (Personnel) North East Frontier Railway Maligaon,
(Guwahati) Pin- 781011
3. The Chief Mechanical Engineer North East Frontier Railway Maligaon,
(Guwahati) Pin- 781011
4. The Divisional Railway Manager, North Frontier Railway, Katihar, Bihar,
5. The Divisional Railway Manager (Personnel), North East Frontier Railway,
Katihar, (Bihar) Pin-854105.
6. The Senior Divisional Electrical Engineer, North East Frontier Railway,
Katihar, (Bihar) Pin-854105.
7. The Additional Divisional Railway Manager, North East Frontier Railway,
Katihar, (Bihar) Pin-854105.
8. The Senior Divisional Finance Manager, North East Frontier Railway,
Katihar, (Bihar) Pin-854105.
... ... Petitioner/s
Versus
Sri Pranay Raj, Son of Late S. D. Pandey, Ex- Loco Inspector Crew Lobby, N.
F. Railway, Katihar, Bihar Now Loco Pilot/Goods under Senior Selection
Engineer Loco N. F. Railway, Katihar, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyabir Bharti, Sr. CGC
Mr.Arvind Kumar, CGC
For the Respondent/s : Mr.Munna Pd Dixit (M.P. Dixit), Advocate
Mr. S.K. Chaubey, Advocate
Mr. Punit Ranjan Dixit, Advocate
Mr. Kilind Raj Dixit, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
9 31-03-2026 In compliance of the earlier order of this Court dated
10.02.2026, passed in the present case, the petitioners have filed
Patna High Court CWJC No.7830 of 2025(9) dt.31-03-2026
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a supplementary affidavit and in paragraph no.3 thereof, they
have admitted that the respondent has completed 75,000
kilometers of foot plate experience during the period starting
from November, 2009 to April, 2011. Hence, it is submitted by
the learned senior counsel for the petitioners that the petitioners
do not intend to now assail the order dated 23.02.2016 and the
one dated 04.10.2024, passed by the learned Central
Administrative Tribunal, Patna Bench, Patna (hereinafter
referred to as the “learned CAT”) in O.A No.753 of 2013 and
R.A./050/00046/2017 respectively, thus a quietus can be given
to the matter. It is further submitted that the aforesaid order
dated 23.02.2016, passed by the learned CAT would be
implemented forthwith, preferably within a period of four weeks
from today. It is directed, accordingly.
2. At this juncture, the learned senior counsel for the
petitioners submit that the petitioners be granted liberty to take
such steps as are permissible under the rules/circulars, for the
purposes of determining the suitability of the respondent on the
post of Loco Inspector.
3. It is needless to state that if the rules/prevailing
law so permits, the petitioners cannot be prevented from taking
appropriate action in accordance with law.
Patna High Court CWJC No.7830 of 2025(9) dt.31-03-2026
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4. Accordingly, the present writ petition stands
disposed of with consent of the parties.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
kanchan/-
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