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Patna High CourtCWJC/19744/2014dismissed

Manoj Kumar Pandey v. The State Of Bihar And ORS

2023-08-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19744 of 2014 ====================================================== Manoj Kumar Pandey S/o Girdhar Pandey, Managing Director, Shahabad Dugdh Utpadak Sahkari Sangh Ltd. Ara, presently functioning as the Deputy General Manager in the Bihar Milk State Co-Operative Federation Ltd. COMFED , Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

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

The Managing Director, Bihar State Co-Operative Federation Ltd. COMFED , Panta 4.

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

For the Petitioner/s :

Mr.Chandra Bhushan Das, Advocate For the State :

Mr. Ambush, AC to GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-08-2023 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 quashing the office order No.9671 dated 18.12.2013 contained in Annexure-3 by which the suspension of the petitioner had been revoked and he had been posted on the post of Deputy General Manager (Input) in the office of the

Patna High Court CWJC No.19744 of 2014(2) dt.03-08-2023 2/2 COMFED on deputation basis which is junior to the post of Managing Director."

2.

At the outset, the learned counsel for the respondent-Bihar State Co-operative Federation Ltd. (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 submitted that the present writ petition is not maintainable under Article 226 of the Constitution of India.

3.

Accordingly, the present writ petition stands dismissed.

(Mohit Kumar Shah, J) kanchan/- U