Amaresh Kumar v. The Bihar State Power Holding Company Ltd. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3517 of 2015 ====================================================== Amaresh Kumar son of Sri Uma Prakash Singh , resident of near Central School , Jaganpura, P.S. Ram Krishna Nagar, Dist. Patna. .... .... Petitioner
Versus
1. The Bihar State Power ( Holding) Company Ltd. Through its Chairman cum C.M.D. Vidyut Bhawan , Bailey Road, Patna
2. Chairman , Bihar State Power (Holding) Company Ltd. Vidyut Bhawan , Bailey Road, Patna.
3. DGM, Human Resource and Administration , Bihar State Power (Holding) Company Ltd. Vidyut Bhawan , Bailey Road , Patna.
4. Sumit Narayan , resident of Ambedkar Chowk , Chitkohra, Anishabad, P.S. Gardanibagh , Dist. Patna.
.... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Respondent/s : Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 09-03-2015 Heard learned counsel for the parties.
Having regard to the grievance of the petitioner that he ought to have been selected and appointed on the post of Assistant Engineer (Civil) against 17 post which was advertised by the respondents, especially when one Sumit Narayan having lessor mark than him has been appointed, this Court could have called upon the respondents to file their counter affidavit but then on perusal of the representation bearing obvious cutting of the date of its filing as also there being no mention at all with regard to appointment of Sumit Narayan, this Court is not inclined to interfere in the matter for the present. The reason for the same is also very clear because the petitioner has not given any
Patna High Court CWJC No.3517 of 2015 (2) dt.09-03-2015 information with regard to last mark secured by the person being appointed against ten posts of general category or seven of them for the reserved category. As a matter of fact it is not clear as to whether Sumit Narayan was a candidate of general category or reserved category and only vague pleading that this Sumit Narayan was a candidate of reserved category but was appointed against a post of general category having been not brought to the notice of the respondents even in the representation allegedly filed by the petitioner, this writ application must be held to be illadvised and misconceived for the present.
That being so, while this Court is not inclined to interfere in the matter, nothing said in this order will come in the way of the petitioner to file a self contained representation giving details of his case as also grievance that he has against Sumit Narayan and once it is filed the authorities by taking into account that the petitioner has already been employed on the lower post of Junior Engineer and still working in the organization will take decision strictly in accordance with law.
With the aforementioned observation and direction, this application is disposed of.
(Mihir Kumar Jha, J) surendra/- U
Patna High Court CWJC No.3517 of 2015 (2) dt.09-03-2015