Er. Jagdish Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9454 of 2021 ====================================================== Er. Jagdish Singh Son of Late Hriday Narayan Singh, Resident of VillageBazar Kona, P.O. and P.S. Kudra, Distt.-Kaimur (Bhabua), At present R/o Plot No. 609, Vaishno Nagar Colony, Chittupur Lanka, Varanasi-221005 (Uttar Pradesh).

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Road Transport and Highways, Govt. of India, New Delhi.

2.

The General Manager (Tech) National Highways and Infrastructure Development Corporation Limited (NHIDCL) 3rd Floor, PTI Building 4, Parliament Street, New Delhi-110001.

3.

The General Manager (P), Branch Office, Sikkim, NHIDCL, Dr. Sandeep Pradhan Building, Sichey Link Road, Middle Sichey, Gangtok, East Sikkim 737101.

4.

The Deputy General Manager (P) NHIDCL Flat No. BA1, Vinayak Apartment, Shiv Mandir, Near B.D.O. Office, Silliguri, District-Darjeeling734011 (West Bengal). 5.

The Executive Director (P) NHIDCL, Sikkim, Gangtok (Sikkim). 6.

Dr. Vandana, General Manager (Projects), Redecon (India) Private Limited, H-54A Ground floor, Kalkaji, New Delhi 110019. 7.

S.K. Pandey, Team Leader (JV) cum Authorized Representative, Redecon (India) Pvt. Ltd. Project Office Manas Deb, First Floor, 3 S.N. Bose Road, Post-Kadam Tola, Thana-Matigara, District-Siliguri 734011 (West Bengal). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manendra Kumar Sinha For the Respondent/s :

Mr.Dr. Krishna Nandan Singh (Asg) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accept notice for respondents.

3. In the instant petition, petitioner has prayed for

Patna High Court CWJC No.9454 of 2021 dt.18-02-2022 2/3 following reliefs:

"1. That this writ application is being filed by the petitioner for issuance of appropriate writ or writs/order or orders/direction or directions against the respondent authorities and the petitioner seeks for the following relief/reliefs:

i) To declare the order of termination of petitioner dated 21.11.2019 from service of Resident Engineer, illegal and invalid as it has been passed by respondent no. 6 in violation of natural justice.

ii) To quash the order dated 14.12.2020 regarding debarment of petitioner from engagement of NHIDCL Project for a period of two years passed by the respondent no. 5 inter alia declare the said order unconstitutional by which the CV of petitioner on INFRACON Portal has been blocked and freezed.

iii) To direct the concerned respondent authorities of National Highways And Infrastructure Development Corporation Ltd. hereafter mentioned as NHIDCL to unfreeze the INFRACON Id of petitioner registered as singhjagdish 1962@gmail.com on INFRACON Portal.

iv) To secure the welfare of petitioner as he has every right given by the consttition of India to choose his profession/job according to his choice for betterment of his life and career.

v) To grant any other relief/reliefs for which the petitioner is entitled too."

4. Perusal of the petition it is evident that petitioner's grievance is against REDECON (India) pvt. Ltd. The company do not fall under definition 'Article 12 of the

Patna High Court CWJC No.9454 of 2021 dt.18-02-2022 3/3 Constitution' so as to entertain the present petition under Article 226 of the Constitution.

5. Accordingly, the writ petition stands dismissed reserving liberty to the petitioner to look out for appropriate forum.

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