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2025 DAILYLAW 3749 (JHR)

MANOJ KUMAR v. THE UNION OF INDIA THROUGH GENERAL MANAGER, SOUTH EASTERN RAILWAY

C.M.P./104/2025 · 2025-04-28

Pradeep Kumar Srivastava, Sujit Narayan Prasad

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Judgment text

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2025:JHHC:12784-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 104 of 2025 Manoj Kumar, Aged about 40 years, Son of Shyam Bihari Prasad, presently posted as Sr. Section Engineer (Signal), Bokaro Steel City, South Eastern Railway, District: Bokaro. … Petitioner/Petitioner Versus 1. The Union of India through General Manager, South Eastern Railway, P.O. & P.S. Garden Reach, District: Kolkata – 700043 (West Bengal). 2. The Divisional Railway Manager, South Eastern Railway, Adra Division, P.O. & P.S. Adra, District: Purulia – 723121 (West Bengal). 3. The Sr. Divisional Personnel Officer, South Eastern Railway, Adra Division, P.O. & P.S. Adra, District: Purulia – 723121(West Bengal). 4. The Sr. Divisional Signal & Tele Engineer, South Eastern Railway, Adra Division, P.O. & P.S. Adra, District: Purulia – 723121 (West Bengal). …… Respondents/Opp. Party ------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR JUSTICE PRADEEP KUMAR SRIVASTAVA ------- For the Petitioner : Mr. Vishal Kumar Tiwari, Advocate For the UOI : Mr. Anil Kumar, ASGI : Mr. Abhijeet Kr. Singh, CGC . ---------------------------- 03/Dated 28th April, 2025 1. The instant petition has been filed for modification of Para-5 of the order dated 25th January, 2025 passed in C.M.P. No. 217 of 2023, whereby and whereunder, this Court, while restoring the writ petition being W.P.(S) No. 7220 of 2019 has made restoration 2025:JHHC:12784-DB 2 subject to compliance of order dated 17.06.2020 within a period of two weeks. 2. The matter had heard by this Court on 22nd April, 2025 wherein this Court had called for a report from the Office regarding the surviving defects. 3. The office has furnished the report on 26th April, 2025 as would appear from the office note. 4. It appears from the office note dated 26.04.2025 that the defect No.1 and 8 have already been removed and so far as defect No. 6 is concerned pertaining to fresh/typed copy of page no.47 in W.P.(S) No. 7220 of 2019, the same has partly been removed as the typed copy has been filed but the pages are not made certified to be true. 5. Mr. Vishal Kumar Tiwari, learned counsel for the petitioner has submitted that the aforesaid surviving defects will be removed within a week. 6. Accordingly, the order dated 25.01.2024 passed in C.M.P. No.217 of 2023 is modified to the extent that the writ petition being W.P.(S) No. 7220 of 2019 is restored to its original file subject to removal of the surviving defect, i.e., defect No.6 which has partly been removed, within a period of one week from the date of receipt of copy of this order. 7. In view thereof, the instant civil misc. petition stands allowed, accordingly, disposed of with the aforesaid modification. (Sujit Narayan Prasad, J.) (Pradeep Kumar Srivastava, J.) Samarth