PRADEEP KUMAR ALIAS PRADEEP RAM vs EAST CENTRAL RAILWAY on 27 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL PATNA Order Sheet Item no.: 28 M.A./619/2026 (PATNA) [ RESTORATION ] In O.A./549/2024 REGULARISATION With M.A./620/2026 CONDONATION OF DELAY Court No.: 1 No of Adjournment: 2 Order Dated: 27/10/2026 PRADEEP KUMAR ALIAS PRADEEP RAM Vs EAST CENTRAL RAILWAY

For Applicant(s) Advocate : Mr. Anil Kumar For Respondent(s) Advocate : Mr. T. N. Thakur, Sr. CGSC Order of The Tribunal Learned counsel for the parties are present. Counsel Mr. Anil Kumar, appearing on behalf of the applicant, submits that the arguing counsel, Mr. Mukesh Kumar, is unavailable today and, accordingly, prays for an adjournment. Counsel for the opposite party opposes the matter being proceeded with in the present manner and submits that the case stood dismissed for default on 22.07.2024 on account of non-compliance of the order of the Tribunal. It is contended that, in the absence of any order recalling the order of dismissal or restoring the case to its original file, the subsequent orders dated 28.09.2026 and 06.10.2026, stated to have been passed by the Registrar Court, as well as the listing of the matter under the heading of “Fresh Admission”, raise questions regarding the procedural and legal authority under which such steps were taken. The record, as presently placed, indicates that the case had been dismissed for default on 22.07.2024. Once an order of dismissal has been passed, any further proceedings in the matter must be traceable to an order of restoration, recall, or other legally sustainable authority, as applicable under the governing rules and procedure of the Tribunal. Mere administrative listing of a dismissed matter cannot, by itself, be treated as an order restoring the case or reviving the proceedings. Likewise, any subsequent order affecting the procedural status of the matter must have a lawful foundation and must be consistent with the applicable statutory provisions, rules, and the powers conferred upon the authority concerned. In these circumstances, before proceeding further in the matter, it is necessary to ascertain the legal and procedural basis on which the orders dated 28.09.2026 and 06.10.2026 were passed and the case was subsequently listed under the heading of “Fresh Admission”, notwithstanding its earlier dismissal for default. The issue requires clarification with reference to the relevant provisions of law, the applicable rules of the Tribunal, and the orders available on the record. Accordingly, the Registrar Court is directed to submit a written explanation within seven days from the date of receipt of this order, clearly specifying the provision of law, rule, or other lawful authority under which the aforesaid orders were passed and the circumstances in which the matter was listed before the Tribunal in the absence of any order of restoration or recall, as reflected in the record.

List the matter on 01.12.2026.

KUMAR RAJESH CHANDRA Member (A) Justice Narendra Kumar Johari Member (J) Sonali Lal ( court master )