Patna High Court - Orders
Bishnu Dayal Ray vs The State Of Bihar & Ors on 26 June, 2014
Author: Samarendra Pratap Singh
Bench: Samarendra Pratap Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5283 of 2014
======================================================
Bishnu Dayal Ray, Son of Sri Bhola Ray, V. Mannipur, P.S. Sari,
Warisnagar, District Samastipur. .... .... Petitioner.
Versus
1. The State of Bihar through the Director, Employment and Training,
Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna- 800015
2. The Union of India through the General Manager, Zonal Office, East
Central Railway, Hajipur
3. The Divisional Manager, East Central Railway, Samastipur
4. The Chief General Manager, E.C. Railway, Hajipur
5. Works Manager, W. M. Works Shop, E.C. Railway, Samastipur
6. Chief Vigilance Officer Eastern Central Railway, Hajipur
7. Industrial Training Institute, Ramnagar, Darbhanga through the
Principal. .... .... Respondents.
======================================================
Appearance :
For the Petitioner/s : Mr. Manoranjan Kumar Sinha-1
For the Respondent/s : Mr. AC to SC 23
For Respondent No. 2 to 6 : Mr. Mahesh Prasad, Advocate
: Mr. Anil Sinha, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SAMARENDRA
PRATAP SINGH
ORAL ORDER
3 26-06-2014Heard learned counsel for the petitioner and the respondents.
The petitioner was appointed as Class IV Substitute Khalasi in the Railways Work Shop at Samastipur under the Works Manager, Eastern Central Railway on 14th July 1986. The services of the petitioner was terminated on 03.01.1987 by Works Manager, Samastipur on the ground that employment was made on the basis of a fake ITI Provisional Certificate. The petitioner filed O.A. No. 42 of 1987 in the Central Administrative Tribunal, which was rejected on 25.08.1989. The petitioner moved the 2 Patna High Court CWJC No.5283 of 2014 (3) dt.26-06-2014 2/3 Hon'ble Apex Court against the order passed in O.A. No. 42 of 1987 being S.L.A. (Civil) No. 1632 of 1990. The S.L.A. was dismissed on 22.04.1991 with liberty to the petitioner may apply for appointment if there was vacancies.
The petitioner submits that the provisional certificate, which was seized by the Railways was not fake but genuine and prays for release of the same. The petitioner has also prayed for grant of original ITI certificate.
Mr. Anil Sinha, learned counsel appearing for the Railways, submits that the writ application itself is not maintainable and the petitioner has moved this Court with a delay of more than 25 years. He submits that the provisional certificate is seized by the Vigilance Officer, which would appear from letter dated 28.12.1987 of Works Manager, Samastipur. Learned counsel further submits that there is no material on record to suggest that the petitioner has ever made a representation before the Director, Employment and Training for grant of original certificate. He submits that the petitioner all these years has not made representation before the Chief Vigilance Officer (respondent No.4). He further submits that the petitioner is now more than 55 years of age and has not given any details in the writ application whether any application was made pursuant to any vacancy 3 Patna High Court CWJC No.5283 of 2014 (3) dt.26-06-2014 3/3 advertised by the Railway.
I find substance in the submission of the learned counsel for the Railway, as such no positive order can be passed in favour of the petitioner. However, it will be open for the petitioner to make a representation before the concerned authorities for grant of certificates aforesaid.
With the aforesaid observation, this application stands dismissed.
(Samarendra Pratap Singh, J.) Uday/-
U T