BIKASH HAZRA Vs. UNION OF INDIA
LAWS(CAL)-2012-1-68
HIGH COURT OF CALCUTTA
Decided on January 17,2012

BIKASH HAZRA Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) AN affidavit-of-service is filed in Court today; let the same be kept with the record.
(2.) IN spite of service, none appears for the private respondent. Mr. Partha Sarathi Bose, learned senior advocate, accepts notice of this application under Article 226 of the Constitution of India, on behalf of the respondent nos. 1 to 4. This is an application under Article 226 of the Constitution of India challenging an order dated February 18, 2011 passed by the Central Administrative Tribunal, Calcutta Bench, in Original Application No. 1115 of 2009. By moving such original application, the petitioner challenged the appointment of the private respondent in the post of "Gramin Dak Sevak". After hearing Mr. Amal Baran Chatterjee, learned advocate appearing in support of the writ petitioner, and Mr. Partha Sarathi Bose, leaned senior advocate appearing on behalf of the respondent nos. 1 to 4, and considering the nature of the grievance of the writ petitioner, we feel that justice will be sub-served if the writ petitioner is granted liberty to file a representation addressed to the Superintendent of Post Office, North Hooghly Division, District- Hooghkly, ventilating his grievance.
(3.) LET such representation be filed by two weeks. If such representation is filed, the said Superintendent of Post Office shall consider the representation of the writ petitioner after giving an opportunity of hearing to the writ petitioner and any other person concerned in the matter including the private respondent and shall disposed of the same within a month from the date of such hearing by passing a reasoned and speaking order. The order should be communicated to the persons concerned by registered post with acknowledgment due. However, we express no opinion on the claim and the counter claim of the parties and the said Superintendent of Post Office is directed to consider the representation uninfluenced by any observation made by the Central Administrative Tribunal. With the aforesaid directions, the application under Article 226 of the Constitution of India is disposed of. We make no order as to costs. The office is directed to supply xerox certified copy of this order to the applicant, if applied for, on urgent basis.;


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