The Bihar State Ware Housing Corporation v. Awadhesh Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.235 of 2018 In Civil Writ Jurisdiction Case No.11254 of 2017 ====================================================== 1.
The Bihar State Ware Housing Corporation Bihar, Patna, 2/B- 1st Floor, Maurya Lok Complex, Patna through its Managing Director, Bihar State Ware Housing Corporation, 2/B, 1st Floor, Maurya Lok Complex, Patna. 2.
The Chairman, Bihar State Ware Housing Corporation, 2/B, 1st Floor, Maurya Lok Complex, Patna.
3.
The Managing Director, Bihar State Ware Housing Corporation, 2/B, 1st Floor, Maurya Lok Complex, Patna.
4.
The Divisional Manager, Bihar State Ware Housing Corporation, 2/B, 1st Floor, Maurya Lok Complex, Patna.
5.
The Secretary, Bihar State Ware Housing Corporation, 2/B, Maurya Lok Complex, Patna.
6.
The Accounts Officer, Bihar State Ware Housing Corporation, 2/B, 1st Floor, Maurya Lok Complex, Patna.
... ... Appellant/s
Versus
1.
Awadhesh Singh Son of Late Ram Chandra Singh, resident of VillageLahsura, P.S.- Masaurhi, District- Patna. 2.
The State of Bihar, through the Principal Secretary, Department of Cooperative, Govt. of Bihar, New Secretariat, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Mithilesh Kumar Rai, Advocate For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-07-2019 Heard learned counsel for the appellant.
The contention raised is that keeping in view the huge nature of defalcation as alleged, the respondent-petitioner deserved to be proceeded against.
Patna High Court L.P.A No.235 of 2018 dt.24-07-2019 2/2 Learned counsel for the appellant has been unable to show us any provision under which an employee of the Corporation can be proceeded with after his superannuation. There is no dispute that respondent-petitioner had already superannuated. It is in these circumstances that the proceedings were challenged by him and the learned Single Judge has allowed the writ petition.
The learned Single Judge has also referred to the Full Bench decision in the case of Shambhu Saran Vs. The State of Bihar reported in 2000 (1) P.L.J.R. 665.
We see no legal infirmity in the impugned judgment. The appeal, therefore, lacks merit and is accordingly rejected.
(Amreshwar Pratap Sahi, CJ) ( Anjana Mishra, J) Saif/- AFR/NAFR CAV DATE N.A.
Uploading Date 27.07.2019 Transmission Date N.A.