JUDGMENT

S.B. Majmudar, J.-Leave granted.

2. With consent of learned advocates representing the respective parties the appeal was heard finally and is being disposed of by this judgment. The short question involved in this appeal is as to whether the appointment of respondent No.7 as Extra Department Branch Post Master, bypassing the appellant was legally justified or not. The Central Administrative Tribunal, Patna Bench, Patna has taken the view that though the appellant was more qualified to be appointed on the said post respondent No.7 was rightly appointed as the appellant was disqualified due to the fact that his cousin brother was already working in the same Post Office as Extra Department Delivery Assistant. Consequently the Tribunal dismissed the appellant s application O.A.192 of 1994 and confirmed the appointment of respondent No.7 on the said post.

3. Learned counsel for the appellant has contended that the aforesaid reasoning adopted by the Tribunal is patently erroneous and consequently the decision of the Tribunal deserves to be set aside.

4. Learned counsel for respondent No.7 who is the main contesting respondent, on the other hand submitted that the Tribunal was justif