IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11304 of 2022

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Md. Niyaz Ahmad Son of Late Md. Israil GDS ABPM Bijali BO in A/C with

muria SO, under Darbhanga postal division, resident of village/post- Bijali,

District- Darbhanga, Pin Code- 847115 (Bihar).

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Communication,

Department of Post, Sanchar Bhawan, New Delhi- 110001.

2.

The Chief Post Master General, Bihar Circle, Patna- 800001.

3.

The Post Master General, Northern Region, Muzaffarpur- 842001.

4.

The Superintendent of Post Offices, West Champaran Darbhanga Postal

division, Darbhanga- 846004 (Bihar).

5.

The Assistant Director (Recruitment), Office of the Chief Post Master

General, Bihar Circle, Patna- 800001 (Bihar).

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Munna Pd Dixit, Advocate

Mr. S.K. Dixit, Advocate

Mr. S.K. Choubey, Advocate

Mrs. Swastika, Advocate

For the Respondent/s

:

Mr. Tuhin Shankar, Advocate

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE RAJIV ROY

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 19-10-2022

Heard learned counsels for the respective parties.

2. On 14.09.2022 following order was passed:

“None appears for the respondents.

Short question for consideration in the present

writ petition is whether learned Single Member of the

Central Administrative Tribunal is entitled to decide

subject matter of promotion while sitting single or not?

Perusal of Central Administrative Tribunal

Rules of Practice, 1993 read with Rule 154 (c),

Appendix VII Item No. 20, matter relates to

selection/promotion is assigned to Division Bench.

Patna High Court CWJC No.11304 of 2022 dt.19-10-2022

2/2

Therefore, learned counsel for the respondents has to

apprise whether learned Single Member has side

tracked the aforesaid provision in deciding the

promotional matter while sitting single or not?

Re-list this matter on 21.09.2022.”

3. Perusal of the records read with Rule 154 (c) of

Central Administrative Tribunal Rules of Practice, 1993 in

particularly Appendix VII, Item No. 20 in respect of selection and

promotion subject is concerned, the O.A. No. 050/00417/2022 is

to be decided by Division Bench. Therefore, the petitioner has

made out a case so as to interfere with the impugned orders of the

learned Member of Central Administrative Tribunal.

4. Accordingly, impugned orders dated 02.06.2022 and

08.07.2022 stand set aside. The Central Administrative Tribunal is

hereby directed to decide petitioner’s original application by

Division Bench in terms of aforesaid provision of law within a

period of three months from the date of receipt of this order.

GAURAV S./-

(P. B. Bajanthri, J)

( Rajiv Roy, J)

AFR/NAFR

CAV DATE

Uploading Date

22.10.2022

Transmission Date