MUKHTAR AHMAD KHAN Vs. CHIEF PERSONNEL OFFICER

JUDGEMENT

(1.) THE petitioner being aggrieved by the action of the department relating to his promotion to the post of Senior Section Engineer approached the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (in short 'the Tribunal') in Original Application No. 452/2000 and the Tribunal upon perusal of the pleadings and hearing the learned counsel for the parties in paragraphs 7 & 8 opined as under :

(2.) IN pursuance of the aforesaid direction the respondent-Railway Administration on 28.9.2004 has passed the following order :

(3.) IT is relevant to State here that initially an objection was raised by Mr. Prakash Upadhyaya that the writ petition would not be maintainable against the order of contempt. Mr. Sanyal, learned counsel appearing for the petitioner commended us to the decision rendered in the case of Mindnapore People's Coop. Bank Ltd. and others v. Chunilal Nanda and others [(2006) 5 SCC 399] wherein the two Judge Bench of the apex Court speaking through R.V. Raveendran, J. in paragraph 11 expressed the opinion as under :