Sheela Kumari v. The Bharat Petroleum Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1099 of 2022 ====================================================== Sheela Kumari, Wife of Nandlal Ravidas, Resident of Village - Jhingoi, P.O. - Jeet Jhingoi, P.S. and Block - Khaira, District - Jamui. ... ... Petitioner/s

Versus

1.

The Bharat Petroleum Corporation Ltd. Address - 3rd Floor, Aashiana Chambers Exhibition Road, Patna - 800001 through its Managing Director. 2.

The Area Marketing Manager, Address - 3rd Floor Aashiana Chambers, Exhibition Road, Patna - 800001.

The Zonal Manager, Bharat Petroleum, Barauni (Begusarai) The Sales Officer, Bharat Petroleum, Barauni (Begusarai) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 08-03-2022 Re. Interlocutory Application No. 01/2022.

Interlocutory Application No.01 of 2022 has been filed for adding the Zonal Manager, Bharat Petroleum, Barauni (Begusarai) and the Sales Officer, Bharat Petroleum, Barauni (Begusarai) as party respondent Nos. 3 and 4 respectively. For the reasons mentioned in this Interlocutory Application, the prayer made therein is allowed. Let the Zonal Manager, Bharat Petroleum, Barauni (Begusarai) and the Sales Officer, Bharat Petroleum, Barauni

2/5 (Begusarai) be added as party respondent Nos. 3 and 4 respectively.

Let the Registry make necessary correction in the digital file as well as physical file.

Interlocutory Application stands disposed of. Re. CWJC No. 1099 of 2022.

Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :-

3/5 After the matter was heard for some time, finding the Bench not to be agreeable with the submissions made by learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of on the following terms:- (a) Petitioner shall approach respondent No.4, namely, the Sales Officer, Bharat Petroleum, Barauni (Begusarai) within a period of four weeks from today by filing a representation for redressal of the grievance(s); (b) The authority concerned shall consider and

4/5 dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order; (c) The order assigning reasons shall be communicated to the petitioner;

(d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties;

(e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties; (f) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(g) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (h) Liberty reserved to the petitioner to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent cause of action;

5/5 (i) We have not expressed any opinion on merits. All issues are left open;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 11.03.2022 Transmission Date