Karnataka High Court
Mr N C Sinha vs Union Of India on 9 September, 2024
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NC: 2024:KHC:36670-DB
WP No. 25858 of 2014
C/W WP No. 25859 of 2014
WP No. 25860 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT PETITION NO. 25858 OF 2014 (S-CAT)
C/W
WRIT PETITION NO. 25859 OF 2014 (S-CAT)
WRIT PETITION NO. 25860 OF 2014 (S-CAT)
IN WP No. 25858/2014
BETWEEN:
MR. N.C SINHA
S/O LATE MR. J.C SINHA
AGED ABOUT 59 YEARS
Digitally signed by
HARIKRISHNA V WORKING AS ADDITIONAL GENERAL MANAGER
Location: HIGH CENTRAL RAILWAY, MUMBAI
COURT OF AND RESIDING AT NO. 121 A
KARNATAKA
A.R BLOCK, BUDHWAR PARK
COLABA, MUMBAI-400 023.
...PETITIONER
(BY SRI. C.K. NANDAKUMAR, SENIOR COUNSEL FOR
SRI. VARSHA HITTINHALLI AND
SRI. RAGHURAM CADAMBI, ADVOCATES)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS CABINET SECRETARY
CABINET SECRETARIAT
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WP No. 25858 of 2014
C/W WP No. 25859 of 2014
WP No. 25860 of 2014
RASHTRAPATHI BHAVAN
NEW DELHI-110 004.
2. RAILWAY BOARD
RAILWAY BHAVAN,
RAISINA ROAD
NEW DELHI-110 001
REPRESENTED BY ITS CHAIRMAN
3. SECRETARY
RAILWAY BOARD,
RAILWAY BHAVAN
RAISINA ROAD
NEW DELHI-110 001.
4. DEPARTMENT OF PERSONNEL &
TRAINING,
GOVERNMENT OF INDIA
NORTH BLOCK
NEW DELHI-110 001
REPRESENTED BY ITS SECRETARY
5. ESTABLISHMENT OFFICER
GOVERNMENT OF INDIA
NORTH BLOCK
NEW DELHI-110 001.
6. MR DEVI PRASAD PANDE
AGE : MAJOR
GENERAL MANAGER
SOUTH CENTRAL RAILWAYS
SECUNDERABAD, A.P.
7. THE DIRECTOR
CENTRAL VIGILANCE COMMISSION
SATASKALA BHAWAN,
G BLOCK, G.P.O COMPLEX
INA M, NEW DELHI-110 023.
...RESPONDENTS
(BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R1, 4 & 5;
SMT. KAVITHA H.C, ADVOCATE FOR R2, R3 & R6;
R7 - SERVED)
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NC: 2024:KHC:36670-DB
WP No. 25858 of 2014
C/W WP No. 25859 of 2014
WP No. 25860 of 2014
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET
ASIDE THE ORDER DT.7.3.14, PASSED BY THE HON'BLE
CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, IN
OA.NO.525/2013 & ALLOW THE APPLICATION IN
OA.NO.980/2013, AS PRAYED FOR VIDE ANNX-E.
IN WP NO. 25859/2014
BETWEEN:
MR. N.C. SINHA
S/O LATE MR. J.C SINHA
AGED ABOUT 59 YEARS
WORKING AS ADDITIONAL GENERAL MANAGER
CENTRAL RAILWAY, MUMBAI
AND RESIDING AT NO. 121 A
A R BLOCK, BUDHWAR PARK
COLABA, MUMBAI-400 023.
...PETITIONER
(BY SRI. C.K. NANDAKUMAR, SENIOR COUNSEL FOR
SRI. VARSHA HITTINHALLI AND
SRI. RAGHURAM CADAMBI, ADVOCATES )
AND:
1. UNION OF INDIA
REPRESENTED BY ITS CABINET SECRETARY
CABINET SECRETARIAT
RASHTRAPATHI BHAVAN
NEW DELHI-110 004
2. RAILWAY BOARD
RAILWAY BHAVAN,
RAISINA ROAD
NEW DELHI-110 001
REPRESENTED BY ITS CHAIRMAN
3. SECRETARY
RAILWAY BOARD,
RAILWAY BHAVAN
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NC: 2024:KHC:36670-DB
WP No. 25858 of 2014
C/W WP No. 25859 of 2014
WP No. 25860 of 2014
RAISINA ROAD
NEW DELHI-110 001
4. DEPARTMENT OF PERSONNEL &
TRAINING,
GOVERNMENT OF INDIA
NORTH BLOCK
NEW DELHI-110 001
REPRESENTED BY ITS SECRETARY
5. ESTABLISHMENT OFFICER
GOVERNMENT OF INDIA
NORTH BLOCK
NEW DELHI-110 001
6. MR DEVI PRASAD PANDE
GENERAL MANAGER
SOUTH CENTRAL RAILWAYS
SECUNDERABAD. A.P.
...RESPONDENTS
(BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R1, R4, & R5;
SMT.KAVITHA H.C, ADVOCATE FOR R2, R3 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-
SET ASIDE THE ORDER DT.7.3.14, PASSED BY THE
HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,
BANGALORE BENCH, IN OA.NO.650/2013 & ALLOW THE
APPLICATION IN OA.NO.650/2013, AS PRAYED FOR VIDE
ANNX-D.
IN WP NO. 25860/2014
BETWEEN:
MR. N.C SINHA
S/O LATE MR. J.C SINHA
AGED ABOUT 59 YEARS
WORKING AS ADDITIONAL GENERAL MANAGER
CENTRAL RAILWAY, MUMBAI
AND RESIDING AT NO. 121 A
A R BLOCK, BUDHWAR PARK
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NC: 2024:KHC:36670-DB
WP No. 25858 of 2014
C/W WP No. 25859 of 2014
WP No. 25860 of 2014
COLABA, MUMBAI-400 023.
...PETITIONER
(BY SRI.C.K. NANDAKUMAR, SENIOR COUNSEL FOR
SRI. VARSHA HITTINHALLI AND
SRI. RAGHURAM CADAMBI, ADVOCATES)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS CABINET SECRETARY
CABINET SECRETARIAT
RASHTRAPATHI BHAVAN
NEW DELHI-110 004.
2. RAILWAY BOARD
RAILWAY BHAVAN,
RAISINA ROAD
NEW DELHI-110 001
REPRESENTED BY ITS CHAIRMAN
3. SECRETARY
RAILWAY BOARD,
RAILWAY BHAVAN
RAISINA ROAD
NEW DELHI-110 001
4. DEPARTMENT OF PERSONNEL &
TRAINING, GOVERNMENT OF INDIA
NORTH BLOCK, NEW DELHI-110 001
REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R1 & R4;
SMT. KAVITHA H.C, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-
SET ASIDE THE ORDER DT.7.3.14, PASSED BY THE
HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,
BANGALORE BENCH, IN OA.NO.980/2013 & ALLOW THE
APPLICATION IN OA.NO.980/2013, AS PRAYED FOR VIDE
ANNX-C.
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NC: 2024:KHC:36670-DB
WP No. 25858 of 2014
C/W WP No. 25859 of 2014
WP No. 25860 of 2014
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE RAJESH RAI K
ORAL ORDER
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO) The challenge in these writ petitions is to the orders passed by the Central Administrative Tribunal dated 07.03.2014 in O.A.Nos.525/2013, 650/2013 and 980/2013.
2. On the last date of hearing, we have heard Mr.C.K.NandaKumar, learned Senior Counsel appearing for the petitioner and Mr. Shanthi Bhushan, learned Deputy Solicitor General of India appearing for respondent Nos.1 and 4 at length.
3. Mr. Nandakumar, had sought time to look into the rule position as to whether the petitioner shall be entitled to notional promotion from a backdate including the consequential benefits. This, according to Mr. Nandakumar, is because in a separate proceeding being in O.A.No.516/2021, the penalty of censure imposed on the petitioner has been set aside. In other -7- NC: 2024:KHC:36670-DB WP No. 25858 of 2014 C/W WP No. 25859 of 2014 WP No. 25860 of 2014 words, there is no impediment for the petitioner to seek promotion and consequential benefits.
4. In view of the plea urged, appropriate shall be for the petitioner to seek the prayer as urged by Mr. Nandakumar inasmuch as the petitioner is entitled to notional promotion to the post of Additional Member, Railway Board, from a backdate in fresh proceedings before the Central Administrative Tribunal.
5. Suffice to state, if such proceedings are filed, the Tribunal shall decide the same in accordance with law which may include the prayer seeking benefit of Section 14 of the Limitation Act, 1963.
Sd/-
(V KAMESWAR RAO) JUDGE Sd/-
(RAJESH RAI K) JUDGE KTY List No.: 1 Sl No.: 15