JUDGMENT :

Anubha Rawat Choudhary, J.

1. Heard Mrs. M.M. Pal, learned senior counsel appearing on behalf of the petitioner along with Ms. Mahua Palit and Ms. Aparajita Sinha, Advocate.

2. Heard Mr. Mahesh Tewari, learned counsel appearing on behalf of the respondents.

3. This writ petition has been filed challenging the judgement dated 9th December, 2015, passed in O.A. No. 260/2012(R) (Annexure-13) by the learned Central Administrative Tribunal, Circuit Bench, at Ranchi, whereby O.A. filed by the petitioner has been dismissed. The O.A was filed by the petitioner against the order dated 13.11.2012 (Annexure-10) as well as the order dated 26.11.2012 (Annexure-12) whereby the service of the petitioner has been terminated. The petitioner has also prayed for a direction upon the respondents to reinstate the petitioner with back wages to his original post as consequential relief.

Arguments of the Petitioner.

4. It is submitted by the learned senior counsel for the petitioner that the General Manager of Railways have discretionary power to engage substitute in railways against Group-D post in terms of circular dated 04.11.1992 (Annexure-2) and amongst other, the said circular provides that the