Bihar State Financial Corporation Karamchari Federation, Through Its General Secretary, Shyam Shekh v. Board Of Directors Of Bihar State Financial Corporation Through Its Chairman Cum Managing Director
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1646 of 2018 IN Civil Writ Jurisdiction Case No. 8551 of 2015 =========================================================== Bihar State Financial Corporation Karamchari Federation, Through Its General Secretary, Shyam Shekhar Lal .... .... Petitioner
Versus
Board of Directors of Bihar State Financial Corporation Through Its Chairman Cum Managing Director & Anr .... .... opposite parties with =========================================================== Civil Review No. 148 of 2018 IN Civil Writ Jurisdiction Case No. 8551 of 2015 ===========================================================
1. Board of Directors, Bihar State Financial Corporation, Fraser Road, Patna through its Managing Director
2. Managing Director, Bihar State Financial Corporation, Fraser Road, Patna .... .... Petitioners
Versus
Bihar State Financial Corporation Karamchari Fedration, Bihar State Financial Corporation, Fraser Road, Patna through its General Secretary. .... .... Respondent =========================================================== Appearance :
(In MJC No.1646 of 2018) For the Petitioner : Mr. Manik Vedsen, Advocate and Mr. Subhash Chandra Bose, Advocate For the Respondents : Mr. Y.V.Giri, Senior Advocate and Mr. Ashish Giri, Advocate (In C. REV. No.148 of 2018) For the Petitioners : Mr. Ashish Giri, Advocate, Mr. Sunit Kr.Jha, Advocate and Mr. Rajat Kr.Tiwary, Advocate For the Respondent : Mr. Subhash Chandra Bose =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 05-09-2018 Heard learned counsel for the parties at some length on the issues raised in these two cases which have been listed today.
Patna High Court MJC No.1646 of 2018 dt.05-09-2018 2/2 The admitted position is that the resolution of the Board dated 27.3.2017 is coming in the way of grant of relief to the petitioner. It is submitted by leaned counsel for the petitioner that applying the same principle which the Division Bench of this Court has decided in LPA No. 821 of 2015 Board's resolution dated 27.3.2017 is prima facie bad inasmuch as it perpetrates the same illegality which was sought to be done on the earlier occasions. This Court cannot go into the correctness of the said resolution in the contempt proceedings or in Review jurisdiction. Without expressing any opinion on the merits of the claim, the contempt petition as well as review is disposed of with liberty to the petitioner to challenge the resolution dated 27.3.2017. (Madhuresh Prasad, J) Shashi.
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