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2016 Supreme(Pat) 65

NAVANITI PRASAD SINGH, NILU AGRAWAL
Union of India – Appellant
Versus
Bimal Prasad Pattnaik – Respondent


Advocate Appeared:
For the Petitioner:Mr. D.K. Sinha, Senior Advocate and Mr. Sunil Kumar Ravi, Advocate.
For the Respondent:Mr. Gautam Bose, Senior Advocate, M/s. Shalendra Kr and Uma Kant Mishra, Advocates.

JUDGMENT :

NAVANITI PRASAD SINGH, J.

1. Having heard Shri D.K. Sinha, learned Senior Counsel for the Railways (writ petitioners) and Shri Gautam Bose, learned Senior Counsel for the sole contesting respondent, who was a railway employee, on several dates, with their consent, this writ petition is being finally disposed of.

2. The writ petition, as filed by the Railways (Union of India), is directed against order dated 03.01.2014 passed in OA No. 64 of 2012 by the Central Administrative Tribunal, Patna Bench, Patna (for brevity, the Tribunal). By the aforesaid order, the Tribunal set aside the charge-sheet issued to the contesting respondent and also the consequential proceedings which, by now had culminated in the order of removal from service with liberty to the Railways to reinitiate the proceedings after changing the disciplinary authority.

3. The events are somewhat complicated though there is no controversy on facts.

4. It appears that the sole contesting respondent, namely, Bimal Prasad Pattnaik (for brevity, the employee) was a Mail/Express Train Guard in the East Central Railways posted at Gaya. While at Gaya, it appears that Railways administration had taken some action aga





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