IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10461 of 2010 1. ASHOK KUMAR GUPTA son of Late Saryug Prasad Gupta, resident of Mohalla Mithapur, P.O & P.S Jakkanpur, District Patna ....Petitioner Versus 1. THE UNION OF INDIA through the Secretary, Home Department, New Delhi 2. The Inspector General of Police, B.C.C.R.P.F., Sheikhpura, Patna 14 3. The D.I.G.P Special Range, C.R.P.F, R. K. Puram, New Delhi-66 4. The Addl. D.I.G.P. Group Centre, C.R.P.F. Jamshedpur 5. The Commandant, 118 B.N. C.R.P.F C/o 56 A.P.O. Mokama Ghat, Bihar .....Respondents ----------- For the petitioner: Mr. Manojeshwar Pd. Singh, Advocate For the respondents: Mr. D. Surendra, C.G.C ------- 2 09-07-2010 Heard the parties and perused the impugned order dated 22nd March, 2010 whereby O.A. No. 99/2004 preferred by the petitioner before the Central Administrative Tribunal, Patna Bench, Patna has been dismissed. Learned counsel for the petitioner has submitted that learned Tribunal should have interfered with stand of the respondents in rejecting the request/ representation of the applicant to allow him to join the service beyond the time limit of one month from the date of communication of earlier order of the Tribunal dated 24-8-2000 passed in O.A. No.292/1997 (annexure-2). It has been submitted that interest of justice requires interference in the matter and extension of time 2 limit of one month fixed by the Tribunal by its judgement and order dated 24-8-2000. It appears that petitioner was appointed as Ward Boy in Group Centre of C.R.P.F, Mokama in the year 1985 and he was transferred to Group Centre, Jamshedpur in September, 1994. He was relieved from Mokama but he never joined at Jamshedpur. For such conduct a departmental enquiry was held leading to his dismissal from service by order dated 20-11-95. It appears from the order contained in annexure-2 dated 24-8-2000 that on the technicality that the final order should have been passed by a higher authority, the Tribunal quashed the order of dismissal on a condition that he shall present himself at Jamshedpur Group Centre within one month from the date of communication of that order and in case he failed to do so, he will not be entitled to the relief granted by that order and O.A will stand dismissed. Admittedly the petitioner challenged the aforesaid order of Tribunal dated 24-8-2000 before this court as well as before the Supreme Court but his 3 challenge has failed as is clear from annexures-3 and 4. It is further clear from the order passed by the earlier Division Bench of this court contained in annexure-3 and the order of the Supreme Court contained in annexure-4 that no relief was apparently sought for extension of time to join at Jamshedpur nor such extension was granted. In the aforesaid facts and circumstances, in our considered opinion the Tribunal could not have considered the prayer of the petitioner when its earlier order was challenged before the higher courts who did not modify the order or extend the time fixed for joining the post at Jamshedpur. Hence, we find ourselves unable to grant any relief to the petitioner. This writ petition is, accordingly, dismissed. BKS/- (Shiva Kirti Singh, J.) (Birendra Prasad Verma, J.)