Prabhunath Prasad v. The Patna High Court, Patna Through Its Registrar General

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13307 of 2019 ====================================================== Prabhunath Prasad, aged about 56 years, Male, Son of Sri Ghuru Prasad, Resident of Village - Parsauni Kala, P.O. and P.S. - Padrauna, District - Kushinagar (U.P.), at present posted as Labour Judge, Labour Court, Bhagalpur.

... ... Petitioner/s

Versus

1.

The Patna High Court, Patna through its Registrar General. 2.

The Registrar General, Patna High Court, Patna. 3.

The District & Sessions Judge, Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar, Advocate Ms. Ritika Rani, Advocate For the Respondent/s :

Mr. Piyush Lall, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 17-10-2019 Heard Mr. Dinu Kumar, learned counsel for the petitioner and Mr. Piyush Lall, learned counsel for the respondent/Patna High Court.

2. At the very outset, learned counsel for

Patna High Court CWJC No.13307 of 2019 dt.17-10-2019 2/3 the petitioner, Mr. Dinu Kumar, submits that instead of delving into the merits of the proceedings at this stage, the only prayer made by the petitioner is that the enquiry proceedings which are being conducted at Gopalganj is almost 375 Kms. away from the place of posting of the petitioner, who is presently at Bhagalpur. He submits that in view of the large number of witnesses and the nature of enquiry, the applicant is facing inconvenience in participating in the enquiry and, accordingly, appropriate directions may be issued in order to meet the said contingency.

3. This issue may not be a matter of consideration of judicial review under Article 226 of the Constitution of India, but it will be open for the petitioner to request the High Court, in Administrative side, for any appropriate order/s and in the event such representation is filed, the same may be considered in accordance with law.

4. The enquiry which is going on shall not be impeded under the garb of this order.

Patna High Court CWJC No.13307 of 2019 dt.17-10-2019 3/3

5. The petition stands disposed off.

(Amreshwar Pratap Sahi, CJ) (Ashutosh Kumar, J) Praveen-II/Shageer AFR/NAFR NAFR CAV DATE N/A Uploading Date 17.10.2019 Transmission Date N/A