IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.273 of 2009 RAM BADAN SINGH SON OF SHRI RAM NARESH PRASAD SINGH, RESIDENT OF VILLAGE MAHENDRAPUR, P.S. HATHIDAH, DISTRICT PATNA. – APPELLANT. Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF RAILWAY, RAIL BHAWAN, NEW DELHI. 2. THE CHAIRMAN, RAILWAY BOARD, RAIL BHAWAN, NEW DELHI. 3. THE DIRECTOR, VIGILENCE RAILWAY BOARD, RAIL BHAWAN, NEW DELHI. 4. THE GENERAL MANAGER, EASTERN CENTRAL RAILWAY, HAJIPUR. 5. THE DIVISIONAL RAIL MANAGER, EASTERN CENTRAL RAILWAY, DANAPUR. 6. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, E.C. RAILWAY, DANAPUR. 7. THE SENIOR DIVISIONAL ENGINEER (CORD), DANAPUR. 8. THE ASSISTANT COMMERCIAL MANAGER, E.C. RAILWAY, DANAPUR. 9. THE DIVISIONAL COMMERCIAL MANAGER, E.C. RAILWAY, DANAPUR. …. RESPONDENTS. ----------- For the Appellant : Mr. M.S. Madhup, Sr. Advocate. For the Respondents: Mr. Mahesh Prasad, Advocate. ------- 2/ 26-03-2009 Heard learned counsel for the parties. The case of the appellant is that he was selected for running the parking at Hathidah railway station by the East Central Railway. The contract was also accepted. The appellant was asked to submit a character certificate for obtaining the settlement. The character certificate was issued by the Block Development Officer. Petitioner’s brother challenged the contract of the petitioner by filing C.W.J.C. No. 6714 of 2003. The main contention was that the character certificate issued to the appellant was not genuine. In that writ petition the Railways filed a counter-affidavit before this Court in favour of the appellant but during the pendency of the aforesaid petition, his selection - 2 - was cancelled by the Railway. Therefore, the above C.W.J.C. No.6714 of 2003 was dismissed as infructuous and, therefore, the appellant was compelled to file this petition regarding cancellation of his selection. His application for interim relief was dismissed and the writ application was directed to be listed under the heading “for admission”. Hence, this appeal has been filed for setting aside the order dated 02.02.2009 passed in I.A. No. 300 of 2008, arising out of C.W.J.C. No.15547 of 2008. Considering the submission we modify the order dated 02.02.2009 passed in I.A. No. 300 of 2008 and direct that no fresh selection proceeding shall be made till disposal of the writ petition. This appeal is accordingly partly allowed . Let the C.W.J.C. No. 15547 of 2008 be posted before the learned Single Judge for admission as directed. BTiwary/ ( J. B. Koshy, CJ ) ( Dr. Ravi Ranjan, J )