IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13089 of 2010 1. THE UNION OF INDIA THRU THE GENERAL MANAGER, EAST CENTRAL RAILWAY, HAZIPUR. 2. THE DIVISIONAL RAILWAY MANAGER, WESTERN RAILWAY, VADODARA. 3. THE ADDITIONAL DIVISIONAL RAILWAY MANAGER, WESTERN RAILWAY, VODODARA. 4. SENIOR DIVISIONAL ENGINEER (SOUTH) WESTER RAILWAY, VADODARA. 5. THE CHIEF PRINCIPAL ENGINEER, E.C. RAILWAY, HAJIPUR………………………………………………….APPELLANTS Versus GANGA DAYAL YADAV SON OF LATE LAKSHMAN YADAV, R/O OPPOSITE JAGJIVAN COLLEGE, NAND HARDWARE, WEST PAKRI PARA, DISTT-BHOJPUR………………………………….RESPONDENT . ----------- For petitioners:- Mr.Naresh Dixit, Advocate Mr. Lalan Kumar No.1, Advocate For respondent: None 02/ 12-Aug-2010 Heard learned counsel for the petitioner and perused impugned order passed by learned Central Administrative Tribunal, Patna Bench, Patna dated 23.04.2008 whereby O.A. No. 341/2005 preferred by railway employee was allowed and a minor punishment of withholding of two increments was quashed. 2. Learned counsel for the petitioner has submitted that since the order of punishment was passed at Vadodra, the Tribunal has no jurisdiction to entertain the case at Patna Bench. No such objection of jurisdiction appears to have been taken before the Tribunal. After having 2 taken chance on merit, the petitioners cannot be permitted to assail the order on the ground of jurisdiction because cause of action is always a mixed bundle of facts and it may not be treated as a pure issue of law. 3. On merits we find that the Tribunal has considered the matter in paragraph-5 of the impugned order and has clearly recorded that despite sufficient time granted to the respondents authorities, they chose not to file any reply. No reasons for awarding the punishment was disclosed to the Tribunal and in view of absolute lack of evidence, the Tribunal was constrained to interfere with the order of punishment. 4. We find no good reasons to interfere with the matter in exercise of writ jurisdiction. This writ petition is, therefore, dismissed. perwez (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava,J.)