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CASE NO.: Appeal (civil)  1797 of 2008

PETITIONER: SHIVE KUMAR TANTI

RESPONDENT: U.O.I. & ORS.

DATE OF JUDGMENT: 04/03/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT

O  R  D  E  R (Arising out of SLP(C)No.5518 of 2006)         Leave granted.         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.