SUMIT RANJAN vs RAILWAY on 16 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL PATNA Order Sheet Item no.: 34 M.A./584/2026 (PATNA) [ RESTORATION ] In O.A./328/2018 SELECTION Court No.: 1 No of Adjournment: Order Dated: 16/10/2026 SUMIT RANJAN Vs RAILWAY

For Applicant(s) Advocate :

For Respondent(s) Advocate : Order of The Tribunal Learned Counsel for the parties are present. The applicant has filed MA No. 584/2026 seeking recall of the order dated 21.07.2026 passed in OA No. 328/2018, whereby the OA was dismissed for non-prosecution. The applicant has also filed MA No. 585/2026 seeking condonation of delay in filing the restoration application. Heard learned Counsel for the parties and perused the documents available on record. MA No. 585/2026 Although the restoration application was filed on 30.09.2026, the record reveals that the applicant had applied for a certified copy of the order dated 21.07.2026 on 07.08.2026, which was prepared and delivered to him on 31.08.2026. Accordingly, the period spent in obtaining the certified copy is liable to be excluded while computing the period of limitation. Upon such exclusion, the restoration application is found to be within the prescribed period of limitation. In view of the above, MA No. 585/2026 seeking condonation of delay is allowed. MA No. 584/2026 Learned Counsel for the applicant submits that, on 21.07.2026, when the matter was called for hearing, he was not present in Court and arrived only after the OA had been dismissed for non- prosecution. He further submits that his absence was neither wilful nor deliberate and that the applicant should not be made to suffer on account of the lapse on the part of his counsel. Learned Counsel for the Opposite Party has not filed any written objection to the MA; however, he has opposed the prayer for restoration through oral submissions. Upon consideration of the submissions made by learned Counsel for the parties and the materials available on record, we find that the grounds stated in the MA constitute sufficient grounds for setting aside the order of dismissal. Accordingly, the order dated 21.07.2026 dismissing OA No. 328/2018 for non-prosecution is hereby set aside. Consequently, OA No. 328/2018 is restored to its original number. MA No. 584/2026 is, accordingly, allowed. It is, however, made clear that, since the OA pertains to the year 2018, Counsel for the applicant shall be prepared to argue the matter on the next date of listing. List the case on 14.12.2026. KUMAR RAJESH CHANDRA Member (A) Justice Narendra Kumar Johari Member (J) Sonali Lal ( court master )