MANOJ KUMAR vs DEPARTMENT OF SCHOOL EDUCATION AND LITERACY on 13 November 2026

CENTRAL ADMINISTRATIVE TRIBUNAL PATNA Order Sheet Item no.: 3 O.A./764/2026 (PATNA) [ TRANSFER ] Court No.: 1 No of Adjournment: Order Dated: 13/11/2026 MANOJ KUMAR Vs DEPARTMENT OF SCHOOL EDUCATION AND LITERACY

For Applicant(s) Advocate : Mr. M.P. Dixit For Respondent(s) Advocate : Mr. G.K. Agarwal, ld. ASC Order of The Tribunal Heard learned counsel for both the parties. Learned counsel for the applicant has prayed for issuance of notice as well as grant of Interim Relief. He has fairly submitted that earlier this applicant had filed O.A. number 676/2025 before this Bench that was dismissed. The order of the Tribunal was assailed by the applicant in the Hon'ble High Court of Patna in C.W.J.C. No. 16384 of 2026 that did not interfere with the order of this Tribunal. However, the petitioner was allowed to withdraw this petition and also granted liberty to pursue his remedy whatsoever that may be available as against the order dated 01.10.2026 passed by the competent authority that rejected the representation of the petitioner.

In this instant O.A., this new office order issued on 01.10.2026 is being challenged, which was not in existence at the time of previous O.A., hence the principle of res judicata does not apply as per the counsel for applicant. He has further stated that to the best of his knowledge, the departmental proceeding that was being conducted against the applicant has been concluded in his favor, though he is not in a position to annex any such document to substantiate this claim. Learned counsel for the respondents has opposed the prayer of issuance of notice as well as prayer for grant of Interim relief on the grounds that this issue has already been adjudicated. But he is also not aware as to what has been the outcome of the departmental proceeding that is being claimed by the counsel for applicant as culminating in the exoneration of the applicant. Therefore, this Tribunal is of the view that the Principle of res judicata does not apply, and this new cause of action that has arisen merits consideration in view of the fact that the previous order that was passed against the applicant was based an allegation against the applicant leading to initiation of departmental proceeding. If the very basis has crumbled, then naturally other relief may ensue and it will merit consideration after getting the full facts from the respondents. Issue notice to the respondents. Since learned counsel Mr. G.K. Agarwal has appeared on behalf of the respondents on receipt of advance copy of the OA, hence formal service of notice is waived off. The counsel for respondents is directed to file written statement as well as reply to grant of I.R. List this case on 26.11.2026. KUMAR RAJESH CHANDRA Member (A) Justice Narendra Kumar Johari Member (J) Pooja Kumari ( court master )