Patna High Court
Railways, through the Secretary, Railway BoardversusP.K. Chouby,
- Decided
- Disposal
- DISPOSED
Holding
The court held that the restoration application is allowed and the case is restored to its original file, subject to payment of cost.
Summary
The Union of India, Ministry of Railways and several officials of the East Central Railway filed a restoration application before the Patna High Court seeking to have CWJC No. 5750 of 2016 restored to its original file. The respondents were two senior section officers, P.K. Chouby and S.K. Mehta, who opposed the restoration. The court examined the grounds set out in paragraphs 4 and 7 of the petitioner's application. Relying on those grounds, the bench concluded that there was sufficient basis to restore the file. Consequently, the court ordered that the case be restored, subject to the respondents paying a cost of Rs. 1,000 to Mr. S.K. Chaubey, the respondent’s advocate. The order was pronounced by Justice Rajiv Roy, with Justice Alok Kumar Sinha concurring.
Issues considered
- Whether the restoration application for CWJC No. 5750 of 2016 should be allowed
- Whether costs should be awarded to the respondent’s counsel
Subjects
- restoration of case file
- civil procedure
- cost award
- high court
- miscellaneous jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1768 of 2025
In
Miscellaneous Jurisdiction Case No.1454 of 2022
======================================================
1. The Union of India, Ministry of Railways, through the Secretary, Railway
Board Rail Bhawan, New Delhi.
2. The General Manager, East Central Railway, Hajipur, District Vaishali
(Bihar).
3. The Financial Advisor and Chief Accounts Officer, East Central Railway,
Hajipur, District Vaishali (Bihar).
4. The General Manager - Personnel, East Central Railway, Hajipur, District
Vaishali (Bihar).
... ... Petitioner/s
Versus
1. P.K. Chouby, Son of Shri S.N. Choubey, Senior Section Officer, Office of
Financial Advisor and Chief Accounts Officer, East Central Railway,
Hajipur, District - Vaishali.
2. S.K. Mehta, Son of Shree Narayan Mehta, Senior Section Officer, Office of
Financial Advisor and Chief Accounts Officer, East Central Railway,
Hajipur, District - Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr Subodh Kumar Jha, Advocate
Mr.Satyendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. M.P.Dixit, Advocate
Mr. S.K.Dixit Advocate
Mr. S.K.Chaubey, Advocate
Mr. Shailendra Kumar, Advocate
Mr. Punit Ranjan Dixit, Advocate
Mr. Milind Raj Dixit, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJIV ROY)
3 18-03-2026 Heard the parties.
2. For the reasons assigned in paragraph nos. 4 and 7,
of this restoration application, it is allowed and CWJC No 5750
Patna High Court MJC No.1768 of 2025(3) dt.18-03-2026
2/2
of 2016 is restored to its original file, subject to payment of cost
of Rs.1000/- to be paid to Mr. S.K.Chaubey, Advocate.
(Rajiv Roy, J)
(Alok Kumar Sinha, J)
HR/-
U
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