PATNA HIGH COURT ISSUES JUDGEMENT ON BINOD KUMAR CHAUDHARY V/S THE UNION OF INDIA

PATNA, India, Sept. 22 -- Patna High Court issued the following judgment on Aug. 22:

Heard Mr. Ravish Mishra, learned counsel for the petitioner and Ms. Punam Kumari Singh, learned Central Government Counsel appearing on behalf of the Union of India (Railway).

2. The present writ application has been filed for quashing the order dated 09.04.2024 passed by the learned Central Administrative Tribunal, Patna (hereinafter referred to as CAT) in R.A No.10/2023 (arising out of O.A. No. 050/586/2014) by which the learned Tribunal has been pleased to uphold the order dated 05.12.2017 passed by the learned Single Judge, Central Administrative Tribunal Patna Bench, Patna, in O.A. No.

050/586/2014, wherein the learned Single Judge has pointed out no illegality and perversity in the order of dismissal from service of the petitioner from the post of Ticket Collector.

3. The petitioner had applied for the post of Ticket Collector in pursuance to the Employment Notice No. 03/2007 issued by the RRB AJMER. On the basis of the preliminary and main examination conducted by the RRB, the petitioner was selected on the post of Ticket Collector, and his name was sent to North Western Railway, Jaipur for appointment. Vide Letter No. EC-890/1,Bhag-01 dated 15.10.2009, the Sr. Divisional Personnel Officer, Jaipur had issued an offer for appointment to the petitioner on the post of Ticket collector on temporary basis, under certain terms and conditions stipulated therein. One of the conditions of the said order dated 15.10.2009 is that "apki uprokt prastavit Niyukti Purntaya Asthayee Hai. Apki Yeh Naukari Yek Mah Ke Notice Ya Uske Badle Mein Yek Mahine Ka Vetan dekar samapt ki ja Sakti Hai. Nirdharit Paribikshakal (Probation) ki samapti par apki sthai (Asthao) pad par Niyukti varishthata ke Anusar Ki Jayegee".

4. Learned counsel for the petitioner submits that after completion of preliminary and practical training, the applicant was given appointment on the post of Ticket Collector under Station Superintendent, Banikui. Learned counsel for the petitioner further submits that all of a sudden without any valid cause, the petitioner was suspended with effect from 07.09.2012 while he was working as Ticket Collector during probation period at Bandikui, Head Quarter North West Railway, Jaipur. Learned counsel for the petitioner submits that just after five days of suspension and three days of confirmation the petitioner was terminated from his service with immediate effect. Vide order as contained in Memo No. S.E./C/161/2012/75(V) dated 12.09.2012 after payment of one month salary in lieu of one month notice in terms of letter of appointment as mentioned aforesaid.

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