Manoj Kumar Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21946 of 2014 ====================================================== Manoj Kumar Pandey Son of Girdhar Pandey Managing Director, Shahabad Dugdh Utpadak Sahkari Sangh Ltd. Ara, Presently Dismissed from service as the Deputy General Manager of the Bihar State Milk Co-operative Federation Ltd. COMFED, Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Secretary, Animal Husbandry and Fisheries Department cum Chairman, Bihar State Milk Co-operative Federation Ltd. (COMFED), Patna. 3.

The Board of Directors, Bihar State Milk Co-operative Federation Ltd. COMFED, Patna.

4.

The Managing Director, Bihar State Milk Co-operative Federation Ltd. COMFED, Patna.

5.

The Chairman, Shahabad Dugdh Utpadak Sahkari Sangh Ltd. Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Bhushan Das, Advocate For the Respondent/s :

Mr.Sharad Kumar Sinha, GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-08-2023 1.

The present writ petition has been filed seeking the following relief:- "That the present writ petition is for issuance of an appropriate writ or direction setting aside the order of dismissal Memo No. 6150 dated 03.11.2014 contained in Annexure-2 issued by the Managing Director, Bihar State Milk Co-operative Federation Ltd., Patna hereinafter shall be referred to as COMFED."

2.

At the outset, the learned counsel for the respondent-Bihar State Milk Co-operative Federation Ltd

Patna High Court CWJC No.21946 of 2014(2) dt.16-08-2023 2/2 (COMFED), Patna has raised a preliminary objection, with regard to maintainability of the present writ petition, relying on a judgment rendered by a Full Bench of this Court, in the case of Vidya Bhushan Abhay vs. Bihar State Cooperative Milk Producers Federation Ltd., reported in 2010 (4) PLJR 26 and has submitted that the present writ petition is not maintainable under Article 226 of the Constitution of India. 3.

In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies, as are otherwise available under the law. Liberty so sought is granted.

4.

The writ petition stands dismissed.

(Mohit Kumar Shah, J) kanchan/- U