Jharkhand High Court
WPC/5606/2026 of KUNDAN KISHORE Vs UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF RAILWAY on 1 September 2026
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5606 of 2026 Kundan Kishore, aged about 44 years, Son of late Rambali Prasad, was posted as Junior Engineer (Telecommunication) at Garhwa Road Station in Dhanbad Division at District-Palamu, Currently residing at Mohalla-Jheelganj,
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.5606 of 2026
Kundan Kishore, aged about 44 years, Son of late Rambali Prasad, was posted as Junior Engineer (Telecommunication) at Garhwa Road Station in Dhanbad Division at District-Palamu, Currently residing at Mohalla-Jheelganj, P.O-New Godown, P.S-Kotwali, District-Gaya (Bihar) Pin-823001
.…… Petitioner
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1. Union of India through the Secretary, Ministry of Railway at Rail Bhawan, New Delhi-110001, P.O and P.S-New Delhi.
2. Chairman Railway Board, Rail Bhavan, Raision Marg, P.O-Rail Bhavan, P.S-Parliament Street Police Station, Delhi-110001
3. General Manager, East Central Railway, Hajipur, P.O and P.S- Hajipur, Distict-Hajipur, Bihar.
4. Senior Deputy General Manager, East Central Railway, Hajipur, P.O and P.S-Hajipur, Distict-Hajipur, Bihar.
5. The Secretary, Central Vigilance Commission, New Delhi, A- Block G.P.O Complex, Satarkata Bhawan, INA, P.O-GPO, New Delhi, P.S-Parliament Street, New Delhi-110023
6. Divisional Railway Manager, East Central Railway, Dhanbad, P.O-Dhanbad, P.S-Dhanbad, District-Dhanbad, Jharkhand.
7. Principal Chief Signal and Telecommunications Engineer, East Central Railway Hajipur, P.O-Hajipur, P.S-Hajipur, District- Hajipur, Bihar.
8. Mr. Ajit Kumar, Son of Sri Dudh Nath Singh, Senior Divisional Signal and Telecommunication, Engineer, East Central Railway, Dhanbad, DRM Office, Dhanbad, P.O-GPO and P.S-Dhanbad- 826001, Jharkhand. Currently promoted and posted as Chief Communication Engineer (CCE), East Central Railway Headquarters, P.O & P.S-Hajipur, Hajipur, Bihar.
9. Shri Sarvesh Kumar, S/o not known to the applicant, Divisional Signal Telecommunication Engineer, East Central Railway, Dhanbad DRM Office, Dhanbad, P.O and P.S-Dhanbad-826001, Jharkhand. Currently promoted and posted as Assistant Inspection Engineer (AIE)/QA, Signal and Telecom wing. Address: Assistant Inspection Enginer (AIE)/QA/S & T/Research Design & Standards Organisation (RDSO), Near IRCOT Building, Manak Bhawan, Railway Office Complex, Behind Shankar Market, P.O & P.S- Canoght Palace, Shivaji Bridge, New Delhi-110001.
10. Shri S.K. Singh (Sanjay Kr. Singh), S/o Not known to the applicant, Divisional and Telecommunication Engineer E.C Railway, Dhanbad, DRM office Dhanbad P.O and P.S-Dhanbad, District-Dhanbad Jharkhand-826001. Currently posted as Dy. CSTE/Proj/HQ (Deputy Chief Signal and Telecom
Engineer/Project/Headquarters), S & T Dept. NFR Headquarters, P.O & P.S-Maligaon, Maligaon, Guwahati-781011, Assam.
11. Shri Rajeev Ranjan, S/o not known to the applicant, Divisional Signal and Telecommunication Engineer, E.C Railway, Daltonganj, P.O and P.S-Daltonganj-822101, at present/ Transferred to East Central Railway, Dhanbad DRM office, Dhanbad, P.O-G.P.O and P.S-Dhanbad-826001, Jharkhand. Currently promoted and posted as Dy.CSTE/C/HQ/II (Deputy Chief Signal and Telecom Engineer/Construciton/Headquarters/II), S & T Department, Eastern Railway, Kolkata (Howrah/Fairlie Place Area), West Bengal.
12. Shri Basudeo Pradhan, S/o not known to the applicant, Senior Section Engineer/Mocrowave/Telecommunication, East Central Railway, Daltonganj, near Microwave Tower, Daltonganj Railway Station, Daltonganj, P.O and P.S-Daltonganj-822101.
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Respondents
--------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON’BLE MR. JUSTICE SANJAY PRASAD
---------- For the Petitioner : Mr. Shresth Gautam, Advocate
: Mr. Himanshu Harsh, Advocate For the Resp-UOI : Mr. Prashant Kr. Singh, Dy.S.G.I.
: Mr. Radha Krishna Gupta, C.G.C.
----------- 03/Dated:01st September, 2026
This writ petition has been filed on behalf of the petitioner under Article 226 of the Constitution of India, assailing the order dated 09.02.2026 passed by the learned Central Administrative Tribunal in O.A. No.051/000659 of 2019.
2. Mr. Shresth Gautam, learned counsel appearing for the petitioner has raised the issue of violation of principles of natural justice to the effect that the document based upon which the finding has been found to be proved by the enquiry officer, cannot be said to be just and proper in absence of the document having not been intermediated.
3. This Court has posed a question as to whether these points had been agitated before the Tribunal.
4. The learned counsel for the petitioner in all fairness, has submitted that these points have not been raised.
5. Thereafter, this Court has again posed a question that if such points have not been raised before the Tribunal then how the argument is being made that there is error apparent on the face of the record on the issue of violation of principles of natural justice being not considered.
6. Upon this, the learned counsel appearing for the petitioner seeks liberty to withdraw this writ petition with a liberty to approach the Tribunal by filing review.
7. There is no opposition by the learned counsel appearing for the respondents.
8. Accordingly, the instant writ petition is dismissed as withdrawn, however, with liberty to raise the issue for its consideration on the ground of review, in accordance with law.
(Sujit Narayan Prasad, J.)
(Sanjay Prasad, J.)
Dated: 01.09.2026 Saket/-