Patna High CourtCWJC/14141/2015dismissed

Raghunandan Poddar v. The Bihar State Co-Operative Marketing And ORS

2015-09-07Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14141 of 2015 ====================================================== Raghunandan Poddar, son of late Karoon Poddar, resident of VillageShastri Nagar, Road No. 8, Munger, P.S.-Quasim Bazar and DistrictMunger. .... .... Petitioner/s

Versus

1. The Bihar State Co-operative Marketing Union Ltd. through its Chairman, Biscomaun Bhawan, Patna.

2. The Chairman-cum-Appellate Tribunal, Bihar State Co-operative Marketing Union Ltd., Biscomaun Bhawan, Patna.

3. The Managing Director, Bihar State Co-operative Marketing Union Ltd., Biscomaun Bhawan, Patna

4. The Enquiry Officer, Bihar State Co-operative Marketing Union Ltd., Biscomaun Bhawan, Patna

5. The Senior Range Officer, Biscomaun, Bhagalpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohammed Abu Haidar, Advocate.

Mr. Abu Shajar, Advocate.

For the Respondent/s :

Mr. Ishwari Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 07-09-2015 Having regard to the fact that the petitioner was an employee of BISCOMAUN, the writ application filed by him will not be maintainable in view of the judgment of the Special Bench in the case of The Organizer, Dehri C.D. & C.M. Union Limited vs. The State of Bihar & Ors. reported in 2014 (1) PLJR 695. Learned counsel for the petitioner submits that earlier the petitioner was sent to the authorities under the order of this Court. In the considered opinion of this Court that will not mean that now the judgment of the Special Bench can be ignored by means of sitting singly inasmuch as law has been laid down by the

Patna High Court CWJC No.14141 of 2015 (2) dt.07-09-2015 2/2 Special Bench of this Court that no writ application shall lie at the instance of any employee of the BISCOMAUN and the remedy for him will be under ordinary law.

That being so, this writ application must fail and is accordingly dismissed.

(Mihir Kumar Jha, J) Sujit/- U