Rama Shankar Singh v. Bihar State Power Generation Co. Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10266 of 2016 ====================================================== Rama Shankar Singh Son of late Sudama Singh, resident of Mohalla- Lohia Nagar, Ward No. 28, P.S. Nagar Thana, District and Town Begusarai. ... ... Petitioner/s

Versus

1.

Bihar State Power Generation Co. Ltd., a subsidiary of the Bihar State Power Holding Co. Ltd, having its registered office at Vidyut Bhawan, Bailey Road, Patna-800021 - through its Managing Director. 2.

Chairman-cum- Managing Director, Bihar State Power Holding Co. Ltd., Vidyut Bhawan, Bailey Road, Patna-800021 3.

General Manager (Human Resources / Administration), Bihar Bihar State Power Generation Co. Ltd. Vidyut Bhawan, Bailey Road, Patna-800021. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bindhyachal Singh, Sr. Advocate Mr. Vipin Kumar Singh, Advocate Mr. Kumar Awnish Ankit, Advocate For the Respondent/s :

Mr. Anand Kumar Ojha, Sr. Advocate Mr. Shankar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-07-2025 Heard Learned Senior Counsel for the petitioner and Learned Senior Counsel for the Bihar State Power Holding Company Limited.

2. The present writ petition has been filed to quash the order contained in resolution No.297/Patna dated 08.02.2016 passed by the Managing Director, the Bihar State Power Holding Company Limited, issued vide Memo No.298 dated 08.02.2016 under the seal and signature of the General Manager (Human Resources/Administration), Bihar State Power Holding Company Limited.

Patna High Court CWJC No.10266 of 2016(5) dt.01-07-2025 2/3

3. Learned Senior Counsel for the Bihar State Power Holding Company Limited has raised preliminary objection that remedy of appeal has not been availed.

4. Learned Senior Counsel for the petitioner after some argument submits that the order passed by the General Manager, Bihar State Power Holding Company Limited, has been challenged before this Court and at the time of filing it was not ascertained that which forum is the appellate forum, therefore, petitioner has directly filed writ petition before this Court.

5. Learned Senior Counsel for the Bihar State Power Holding Company Limited submits that it is now well settled that the Chairman of the the Bihar State Power Holding Company Limited is the appellate forum.

6. In this view of the matter, without entering into the merit and demerit of the case, this Court hereby direct the petitioner to avail the remedy of appeal before the Chairman, Bihar State Power Holding Company Limited, who is directed to pass a reasoned and speaking order upon filing of appeal within 90 days from the date of filing the appeal.

7. It is made clear that the delay, if any, in filing the appeal is hereby directed to be condoned.

Patna High Court CWJC No.10266 of 2016(5) dt.01-07-2025 3/3

8. With the aforesaid direction, this application is disposed off.

(Dr. Anshuman, J) Mkr./- U