2008 INSC 0707
                                    SUPREME COURT OF INDIA

                                             Shive Kumar Tanti

                                                      Vs.

                                                U.O.I. & Ors.

                                           C.A.No.1797 of 2008

                             (Tarun Chatterjee and Harjit Singh Bedi,JJ.)

                                                 04.03.2008

                                                   ORDER

(Arising out of SLP(C)No.5518 of 2006)

1. Leave granted.

2. This appeal is directed against the judgment and order dt.05.12.2005 passed by the H igh
Court of Judicature at Patna in C.W.J.C.No.7505 of 2004 by which the High Court has
affirmed the order passed by the Central Administrative Tribunal by which the appellant's
preference for the post of Train Clerk was not accepted. We have perused the impugned
order. After hearing the lea rned counsel for the parties, we are of the view that the High
Court while dismissing the Writ Petition had not passed a speaking and reasoned order.
Accordingly, we set aside the i mpugned order and remit the case back to the High court for
decision on merits and in accordance wit h law. We request the High Court to decide the
matter preferably within three months from the date of communication of this order without
granting any unnecessary adjournment to either of the pa rties. The appeal is allowed to the
extent indicated above. No order as to costs. We make it clear that we have not expressed
any opinion on the merit of the matter a nd the same shall be decided by the High Court.

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