Yogendra Prasad Yadav v. Bihar State Road Transport Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7737 of 2014 ====================================================== Yogendra Prasad Yadav Son of Late Julum Rai Resident of VillageShahpur, Diara, P.S- Sonepur, District- Saran. .... .... Petitioner

Versus

1. Bihar State Road Transport Corporation through Its Administrator- inChief Pariwahan Bhawan, Patna.

2. The Administrator, Bihar State Road Transport Corporation Pariwahan Bhawan, Patna.

3. The Special Officer, Cum- Inquiry Conducting Officer, Bihar State Road Transport Corporation Pariwahan Bhawan, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 18-02-2015 No one appears for the petitioner.

Admittedly the petitioner is a Conductor of the Bihar State Road Transport Corporation and thus the remedy for him for questioning the order of punishment in a departmental proceeding by way of dismissal from service and its affirmance by the appellate authority can never be made subject matter of a writ petition, inasmuch as the petitioner has a remedy under the Industrial Disputes Act as was held by this Court in the case of Sidheshwar Prasad v. the Bihar State Road Transport Corporation & ors., reported in 2003(2) PLJR 841.

That being so, this application fails and is accordingly dismissed but nothing said in this order, however, will come in the

Patna High Court CWJC No.7737 of 2014 (2) dt.18-02-2015 way of the petitioner in seeking appropriate relief under the Industrial Disputes Act.

(Mihir Kumar Jha, J) surendra/- U