Lalit Mohan Pathak v. The Bihar State Power (Holding) Co. Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.192 of 2021 In Civil Writ Jurisdiction Case No.7077 of 2020 ====================================================== Lalit Mohan Pathak Son of Ram Jhalak Pathak Resident of Village Kaithwali, P.S. Narahi, District Balia (Uttar Pradesh), A/P- Flat No. 207/B Sita Kunj Apartment, Ved Nagar, P.S. Rasalpur, (Rupaspur),District- Patna, Retired Junior Electrical Engineer, MRT Division, Patna, District- Patna. ... ... Appellant/s

Versus

1.

The Bihar State Power (Holding) Co. Ltd. Vidyut Bhawan, Bailey Road, P.S. Kotwali, District Patna, through its Chairman -cum- Managing Director. 2.

The Chairman cum Managing Director Bihar State Power (Holding) Co. Ltd., Vidyut Bhawan, Bailey Road, P.S. -Kotwali, District Patna. 3.

The South Bihar Power Distribution Co. Ltd. Vidyut Bhawan, Bailey Road, P.S. Kotwali, District Patna through its Managing Director. 4.

The Bihar State Power (Holding) Co. Ltd.- cum- Chairman DPE Vidyut Bhawan, Bailey Road, Patna, P.S. Kotwali, District- Patna. 5.

The General Manager (HR Adm) Bihar State Power (Holding) Co. Ltd. Vidyut Bhawan, Bailey Road, P.S. Kotwali, District- Patna. 6.

The Deputy General Manager (HR Admin) Bihar State Power (Holding) Co. Ltd. Vidyut Bhawan, Bailey Road, P.S. Kotwali, District Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Raju Prasad, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh, Sr. Advocate :

Mr. Vinay Kr. Verma, Advocate For BSPHCL :

Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 12-05-2022 Heard the learned counsel for the parties.

The appellant has posed a challenge to the order dated 28.01.2021, passed by a learned Single Judge of this Court in C.W.J.C. no. 7077 of 2020, operative part whereof, is read as under :- " In the event, the petitioner is exonerated

Patna High Court L.P.A No.192 of 2021(3) dt.12-05-2022 2/2 by the Vigilance, the respondents will consider the case of the petitioner for grant of notional promotion in accordance with law and grant all consequential benefits.

With the aforesaid, the writ application stands disposed of."

At the outset, the learned counsel for the appellant has raised a grievance that a Vigilance case is pending since the year 2002 and no decision has been taken thereon.

The learned counsel for the Bihar State Power Holding Company Limited assures the Court that all endeavour shall be made to ensure that the Vigilance case is decided at the earliest. Accordingly, we dispose off this Appeal with a direction to the Vigilance court, where the case is pending, to expedite the matter and conclude the proceedings at the earliest, in any case, not later than six months. Both the parties have assured this Court that they shall cooperate with the proceedings pending before the Vigilance court.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) rinkee/- U