Satish Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5010 of 1999 ======================================================

1. Bipin Bihari Singh, Son of Late Kamaldeo Singh, at present residing at Mohalla-Professor Colony, Shivpuri, P.S.-Shastri Nagar, Patna Town, District-Patna.

2. Sudhendu Prakash Himanshu, Son of Late U.P. Sharma, at present residing at H.F.C. Limited, Barauni Unit, District-Begusarai.

3. Raj Kamal Verma, Son of Late Tarkeshwar Prasad Verma, at present residing at NJMC Limited, Katihar, Bihar.

.... .... Petitioner/s

Versus

1. The Food Corporation of India through its Managing Director having its Head Office at 16-20, Barakhambha Lane, New Delhi-110 001.

2. The Executive Director (Personnel), Food Corporation of India, Khadhya Bhavan, 16-20 Barakhambha Lane, New Delhi-110 001.

3. Sr. Regional Manager, Food Corporation of India Patna Regional Office, Arunachal Bhavan, Exhibition Road, Patna-800 001.

4. The Union of India through the Secretary, Ministry of Food, Department of Food Procurement & Distribution, Shastri Bhavan, New Delhi-110 001.

5. The Joint Secretary, Govt. of India, Ministry of Food, Shastri Bhavan, New Delhi-110 001.

.... .... Respondent/s ====================================================== With Civil Writ Jurisdiction Case No.4052 of 2001 ====================================================== Kanhai Prasad Lall, Son of Late Baidyanath Prasad Lall, presently working as Assistant Manager (Accounts), Food Corporation of India, Regional Office situated in Arunachal Bhawan, Exhibition Road, Pata-1. .... .... Petitioner/s

Versus

1. The Union of India (through the Ministry of Consumer Affairs, Food & Public Distribution, Krishi Bhawan, New Delhi-110 001.

2. The Chairman, Food Corporation of India, Office situated at 16-20, Barakhamba Lane, New Delhi-110 001.

3. The Managing Director, Food Corporation of India, Office situated at 16-20, Barakhamba Lane, New Delhi-110 001.

4. The Zonal Manager (East), Food Corporation of India, Office situated at 10A, Middleton Row, Calcutta-71.

5. The Sr. Regional Manager, Food Corporation of India, Office situated at Exhibition Road, Patna-800 001.

6. Shri M. Malliah, Son of (name not known to the petitioner), Joint Manager (General Administration), Food Corporation of India through its Hqrs.-16-20, Barakhamba Lane, New Delhi-110 001.

7. Shri R.K. Chaturvedi, Son of (name not known to the petitioner), Joint Manager (Genl. Admn.), Office of the Sr. Regional Manager, Food Corporation of India, 5/6, Habibullah Estate, Hazratganj, Lucknow.

8. Mrs. Seema Kakkar, daughter of (name not known to the petitioner), Joint Manager (Genl. Admn.), Food Corporation of India, Hqrs.-16-20, Barakhamba Lane, New Delhi-110 001.

Patna High Court CWJC No.5010 of 1999 (5) dt.10-04-2015 2/3

9. Shri Subhash Zadoo, Son of (name not known to the petitioner), Joint Manager (Genl. Admn.), Food Corporation of India, 16-20, Barakhamba Lane, New Delhi-110 001.

.... .... Respondent/s ====================================================== With Civil Writ Jurisdiction Case No.1466 of 2002 ====================================================== Satish Kumar, aged about 48 years, Son of late S.N. Prasad, presently posted as Protocol Officer in the Regional Office of the Food Corporation of India, Office situated at Arunachal Bhawan, Exhibition Road, Patna, residing in Mohalla-Rajendra Nagar, Road No.4, P.S.-Kadamkuan, Town & District-Patna.

.... .... Petitioner/s

Versus

1. The Union of India (through the Ministry of Consumer Affairs, Food & Public Distribution, Krishi Bhawan, New Delhi-1100 001.

2. The Chairman, Food Corporation of India, Office situated at 16-20 Barakhamba Lane, New Delhi-1100 001.

3. The Managing Director, Food Corporation of India, Office situated at 16-20 Barakhamba Lane, New Delhi.

4. Zonal Manager (East), Food Corporation of India, Office situated at 10A, Middletone Row, Kolkatta-71.

5. The Senior Regional Manager, Food Corporation of India, Office situated at Arunachal Bhawan, Exhibition Road, Patna. .... .... Respondent/s ====================================================== Appearance :

(In CWJC No.5010 of 1999) For the Petitioner/s : Mrs. Namrata Mishra Mr. Amit Prakash For the Respondent/s : Mr. Prabhakar Tekriwal Mr. Shashi Dhar Jha (In CWJC No.4052 of 2001) For the Petitioner/s : Mr. Subodh Kumar Sinha Mr. Awadhesh Kumar Sinha For the Respondent/s : Mr. J.P. Karn (SCGSC) Mr. Arun Kumar Singh (In CWJC No.1466 of 2002) For the Petitioner/s : Mr. Subodh Kumar Sinha For the Respondent/s : Mr. Ram Kinker Choubey Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-04-2015 Learned counsel for the petitioners states that these

Patna High Court CWJC No.5010 of 1999 (5) dt.10-04-2015 3/3 matters have become infructuous during their pendency.

2. Learned Senior Counsel appearing on behalf of the respondent-Food Corporation of India has referred to a decision of Hon'ble Supreme Court in the case of "Food Corporation of India & Others v. Bhanu Lodh & Others" reported in "A.I.R. 2005 Supreme Court 2775" to contend that the Central Government is well within the powers under Section 6 (2) of Food Corporation of India (Staff) Regulations Act, 1971 to issue directives imposing complete ban on recruitment process.

3. In view of the above, these applications stand dismissed as having become infructuous.

(Chakradhari Sharan Singh, J) Praveen-II/- U