M/S Gauri Shankar Indane Service v. Indian Oil Corporation Ltd.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18839 of 2019 ====================================================== M/s Gauri Shankar Indane Service Kuchaikote, Distt.- Gopalganj through its Proprietor Ravi Pandey, Age-34 years, Male, S/o Late Gauri Shankar Pandey, R/o Flat No. 201, Sindhu Nilay Apartment, yaduvansh Path, Nageshwar Colony, Fulwari Patna, P.s.-Buddha Colony, Distt.- Patna ... ... Petitioner/s
Versus
1.
Indian Oil Corporation Ltd. through the General Manager (LPG), Bihar State Office, Lok Nayak Jai Prakash Bhawan, 5th Floor, Dak Bungalow Chowk, Frazer Road, Patna-800001 2.
The General Manager (LPG) Bihar State Office, Lok Nayak Jai Prakash Bhawan, 5th Floor, Dak Bungalow Chowk, Frrazer Road, Patna-800001 3.
The Dy. General Manager (LPG) Bihar State Office, Indian Oil Corporation Ltd. Lok Nayak Jai Prakash Bhawan, 5th Floor, Dak Bungalow Chowk, Frazer Road, Patna-800001 4.
Chief Area Manager, Patna, Indian Oil Corporation, Sahi Bhawan, Exhibition Road, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr.Adv.
Mr.Ranjan Kumar, Adv.
For the Respondent/s :
Mr. Anil Kumar Jha, Sr.Adv.
Mr.Sanat Kumar Mishra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-09-2019 Having heard learned senior counsel for the petitioner and learned senior counsel representing the Indian Oil Corporation Ltd. what has ultimately culled out is that the petitioner is challenging the show cause notice calling upon the petitioner to submit his reply by 16.09.2019 and to present himself for a personal hearing in this regard. Mr. Verma, learned senior counsel having attempted to persuade this Court to enter into the merit of his contentions
Patna High Court CWJC No.18839 of 2019(2) dt.16-09-2019 2/3 with regard to the allegations made against the petitioner but then finding difficulties in persuading this Court submits that the petitioner may be granted some more time to submit his reply and present himself for personal hearing. It is submitted that because the petitioner had moved this Court in this writ application, therefore no representation could be made today. Mr. Jha, learned senior counsel for the Indian Oil Corporation Ltd.
submits that the writ preferred by the petitioner on mere apprehension is not fit to be entertained as it is well settled in law that ordinarily a writ application against a show cause notice need not be entertained and extra-ordinary writ jurisdiction of this Court would not be exercised in such circumstance where the employer has proceeded with action which fall in their domain. Mr. Jha has further submitted that if the petitioner appears for personal hearing by 23rd of September, 2019 before the General Manager I/C (LPG), Bihar State Office, a final decision will be taken after giving him a personal hearing.
In view of the submissions of Mr. Jha, no further order need be passed in this case. The writ application has no merit. It is disposed off as dismissed.
It goes without saying that this Court has not gone
Patna High Court CWJC No.18839 of 2019(2) dt.16-09-2019 3/3 into the merits of the contentions and hence no opinion of the Court may be inferred.
(Rajeev Ranjan Prasad, J) arvind/- U