Rajeev Mishra v. The Bihar State Power Holding Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3826 of 2023 ====================================================== Rajeev Mishra, S/o Sri Vinod Kumar Mishra Resident of Vilalge-Near Cold Drink Agency, Tiwary Lodge, Gopalpur-West Raja Bazar, Motohari,P.S. Motihari, District-East Champaran. At Present Posted at Asst. Electrical Engineer Electric Supply Sub-Division Madhuban East Champaran. ... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Ltd.

2.

Managing Director North Bihar Power Distribution Company Limited. 3.

Electrical Executive Engineer Division, Raxaul NBPDC Ltd. P.S.-Raxaul, Distt.-East Champaran.

4.

Account Officer Division Raxaul NBPDC Ltd., P.S.-Raxaul, Distt.-East Champaran.

5.

Account Officer (Audit) North Bihar Power Distribution Co. Ltd (NBPDCL), Viddhut Bhawan, Baily Road, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhitabh Kumar, Advocate For the Respondent/s :

Mr. Kunal Tiway, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-08-2023

1. Heard learned counsel for the petitioner and learned counsel for respondents.

2. Learned counsel for the petitioner submits that the petitioner has now been paid the salary. Prayer No. (i) therefore is infructuous.

3. Prayer No. (ii) is for assailing the resolution dated 16-8-2022, pursuant to which charges have been framed against the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is an Assistant Electrical Engineer, Electrical

Patna High Court CWJC No.3826 of 2023(2) dt.18-08-2023 2/2 Supply Sub-division, whereas the alleged irregularities relate to revenue department for which the petitioner is not responsible. It is also submitted that pursuant to the resolution, the petitioner is participating in the proceedings.

5. The Court does not find any reason for interfering with the resolution dated 16-8-2022, pursuant to which proceedings have been initiated against the petitioner and in which he is already participating, wherein he can effectively take the plea regarding not being responsible for the lapse, as noted above, and/or all other issues that he may raise in his defense.

6. The writ application is dismissed.

(Madhuresh Prasad, J) SUMIT/- U