UNION OF INDIA Vs. M.K.GUPTA SON OF LATE SHRI MURARI LAL GUPTA
LAWS(BOM)-2017-9-5
HIGH COURT OF BOMBAY
Decided on September 04,2017

UNION OF INDIA Appellant
VERSUS
M.K.Gupta Son Of Late Shri Murari Lal Gupta Respondents

JUDGEMENT

R.M.BORDE,J. - (1.) Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.
(2.) Writ Petition No.6851 of 2014 has been presented by the Union of India through the Secretary, Railway Board and other 3 petitioners seeking a writ of certiorari or any other appropriate writ, order or direction for quashing the order dated 14.02.2014 passed by the Central Administrative Tribunal in Original Application No.522 of 2013. Whereas, Writ Petition No.12241 of 2015 has been presented by the Union of India seeking to quash the order dated 06.11.2015, passed by the Central Administrative Tribunal in Misc. Application No.779/2015 in Original Application No.425/2015.
(3.) Respondent No.1employee, in the petition presented by Union of India, has approached this Court by presenting Writ Petition No.8942 of 2014, praying to quash and set aside impugned para 9(vi) of the order dated 14.02.2014, passed by the Central Administrative Tribunal. Respondent No.1 is also questioning validity of the orders dated 27.08.2013 and 07.08.2013, passed by the petitionerRailways. Respondent No.1 has also sought for a declaration that he is eligible for promotion to the post of General Manager (Open Line) and that working on the post of Divisional Railway Manager (DRM) is not an eligibility condition under 1986 Rules. Respondent No.1 further seeks to quash the declaration "not eligible" recorded in the impugned ACR/APAR forms of the petitioner with regard to eligibility for consideration to the post of General Manager (Open Line) and to direct the respondents to replace the remark "not eligible" with a remark "eligible or fit" for the said post. Respondent No.1 has also made a prayer to quash the order dated 12.09.2014, passed by the Central Administrative Tribunal in Review Petition No.22 of 2014 in O.A. No.522 of 2013.;


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