IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.469 of 2009 1. The Union of India through Secretary Railway Board, Rail Bhawan, New Delhi. 2. Divisional Railway Manager (D.R.M.) Works Katihar, N.F. Railway, Katihar Division. 3. Sr. DEN/C/KIR/, N.F. Railway, Katihar. 4. Sr. DEN/III/KIR, N.F. Railway, Katihar. 5. ADEN/MG/KNE, SE/P Way/TKR 6. ADEN/CON/ENGN 7. Chief Vigilance Officer (Sr. CVO/MLG) N.F. Railway, Maligaon. 8. R.P.F./Bora ….. Respondents-Petitioners. VERSUS Pawan Kumar Son of Sri Kedar Nath Singh, resident of village Pokharia, District- Begusarai, Proprietor of M/s Trilok Swami & Co., Chitragupta Nagar, District-Begusarai. …. Petitioner-Respondent. ----------- 02 31.03.2009 This application on behalf of Railways is for modification of final order dated 26.09.2008 passed by this Court, while disposing of CWJC No. 868 of 2008. In that writ application this Court did not interfere with the impugned actions but at the same time held that a post decisional hearing was required. Court accordingly directed the Chief Engineer Electrical (Con), North East Frontier Railways to conduct the proceedings and issue notice to the petitioner and after hearing the parties passed final orders in respect of the impugned Annexures, as contained in Annexures-6 and 8 of the writ application. By this application Railways have pointed out that the Chief Engineer, aforesaid is already busy in several arbitrations and is finding it difficult to conduct the proceedings, as directed by this Court. It is, - 2 - accordingly, prayed that in terms of Clause 64 of the General Conditions of Contract, the petitioner may make an application to the General Manager, North East Frontier Railways, who with the consent and choice of the arbitrator as available from the panel appoint one of them to conduct the enquiry, as directed by this Court earlier. Petitioner, on the other hand, submits that this is only a play to delay the matter and harass the petitioner. He states that in stead of disposing of the matter, as directed by this Court in the writ proceedings, respondent-Railways have instituted criminal cases and withheld payments of petitioner. Railway is causing immense harassment to the petitioner because of which he is now unable to even participate in any proceedings because of criminal cases instituted. It is only for the purpose that petitioner is not in a position to pursue his remedy, as provided by this Court. At this stage, the Court is not called upon to decide whether actions of respondents are either contemptuous or designed to harass the petitioner, suffice to say as the Chief Engineer has expressed difficulty in conducting the proceedings. Let the General Manager, North East Frontier Railways on his own send the panel of names of officers, who are of the equivalent seniority of the Chief Engineer to the petitioner, to conduct the enquiry, as directed by this Court. The petitioner would respond immediately choosing one officer and then as per earlier directions in the writ proceedings enquiry would be taken up. Petitioner would not be required by the Railways to personally appear in the matter. He can be - 3 - represented in the hearing by any authorized representative. The proceedings would be taken up expeditiously and concluded within two months. With these modifications, this application stands disposed of. Trivedi/ (Navaniti Prasad Singh,J.)