Ashok Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1345 of 2004 =========================================================== Ashok Kumar Singh, son of late Gorakh Nath Singh, resident of village Mohri Bagicha, P.O.- Sarai, P.S.- Maner, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Director of Industries, Bihar, Patna.
3. The Managing Director, Bihar State Small Industries Corporation, Indira Bhawan, Patna.
4. Mr. Arun Kumar Jha, Manager, I/C Industries Raw Material Depo, 6 Phase Industrial Area Bice More, Gamharia, Jamshedpur (Jharkhand).
5. Rajendra Singh, Store Keeper, I/C Industries Raw Material Depo, 6 Phase Industrial Area Bice More, Gamharia, Jamshedpur (Jharkhand). .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Kumar Jain Mr. Achuta Nand Sinha For the Respondent/s : Mr. (GP4) Mr. Uma Kant Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 20-03-2015 Counsel for the petitioner and Mrs. Punam Kumari Singh, A.C. to G.P.-4 are present.
Heard.
The application was filed challenging the order of suspension dated 29.10.2003 passed by the Managing Director of the Bihar State Small Industries Corporation.
A counter affidavit has been filed on behalf of the Managing Director of the Corporation in paragraph 2 whereof, it has been stated that the moment the petitioner joins at Tilaiya Dam in Tata Factory, his suspension order would be vacated and departmental proceeding
Patna High Court CWJC No.1345 of 2004 dt.20-03-2015 would also be dropped.
In view of the clear stand taken in the counter affidavit, this Court does not propose to proceed with this writ application. If the petitioner has already joined the said post and the order of suspension as well as the departmental proceeding is not dropped/rescinded, he would be at liberty to seek remedy as is available to him in law. Needless to observe that if the dues of the petitioner as per law are not paid, the petitioner shall make appropriate representation in respect thereof which the concerned respondent will consider and dispose of by a reasoned order in accordance with law.
With the aforesaid observation(s), the writ application is dismissed.
(Kishore Kumar Mandal, J) Pankaj/- U