LAWS(CHH)-2009-7-20

KAILASH SINGH Vs. UNION OF INDIA

Decided On July 30, 2009
KAILASH SINGH Appellant
V/S
UNION OF INDIA (UOI) Respondents

JUDGEMENT

(1.) BEING aggrieved with the order dated 6.12.2006 (Annexure-P/12) passed by the Central Administrative Tribunal (hereinafter referred to as the CAT), Bench Jabalpur in Original Application No. 862/2005, the petitioner has filed this Writ Petition. By the said order, the original application filed by the petitioner challenging the process of selection for promotion to the post of Loco Pilot Goods-II/Goods Driver was dismissed by the CAT.

(2.) THE facts, briefly stated, are as under:

(3.) ON the other hand, Mr. Abhishek Sinha, learned Counsel appearing on behalf of respondents 1 to 4, opposed these arguments. Referring to the contents of Annexure-R/2, he argued that the pre-promotional coaching was conducted in which the petitioner has also participated and he has given his declaration that he was fully satisfied with the said training/coaching. The petitioner had appeared in the examination without any objection and having failed to qualify the written examination he is turning around by disputing the facts, which appears to be after-thought. Therefore, the petitioner is estopped from raising such plea and now he cannot challege the validity of the examination.