LAWS(PAT)-2016-11-39

THE CENTRAL SELECTION BOARD OF CONSTABLE, BIHAR, PATNA Vs. RAJ KUMAR S/O MANOHAR PRASAD YADAV, RESIDENT OF AT + P.O.

Decided On November 22, 2016
The Central Selection Board Of Constable, Bihar, Patna Appellant
V/S
Raj Kumar S/O Manohar Prasad Yadav, Resident Of At + P.O. Respondents

JUDGEMENT

(1.) This Civil Review Application has been filed on behalf of the Central Selection Board of Constables and its officials.

(2.) By this application, they have sought review of the judgment and order of this Court dated 26.02.2015, passed in Letters Patent Appeal No. 1221/2012. On behalf of the review petitioners two grounds have been taken. Firstly, that even though they were necessary party in the appeal and had been so made, they were not noticed before the appeal was heard and allowed. Secondly, while allowing the appeal, the Division Bench took a view contrary to an earlier Division Bench Judgment, without noticing the said binding precedent. The earlier judgment of the Division Bench also related to the same recruitment process.

(3.) We have heard Sri Pushkar Narain Shahi, learned Senior Advocate, for the Review Petitioners and Sri Rajendra Prasad Singh, learned Senior Advocate, for the writ petitioners/appellants, who are the contesting respondents in this Review Application and, with their consent, this Review Application is being disposed of at this stage itself.