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Patna High CourtCWJC/17458/2025dismissed

Gopal Kumar Chaudhary v. The State Of Bihar

2025-12-02Mr. Justice Partha Sarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17458 of 2025 ====================================================== Gopal Kumar Chaudhary, Son of Dilip Choudhary, Resident of VillageBagaul, Ward No.05, Ramnipatti, Police Station- Babubarhi, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of General Administration, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Mines and Geology, Government of Bihar, Patna.

4.

The Special Officer on Duty, Department of Mines and Geology, Government of Bihar, Patna.

5.

The Director, Department of Mines and Geology, Government of Bihar, Patna.

6.

The Mining Development Officer, Madhubani, Department of Mines and Geology, Government of Bihar, Patna.

7.

The Managing Director, Bihar State Electronics Development Corporation, Patna.

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

For the Petitioner/s :

Mr. Amit Kumar Singh, Advocate For the State :

Mr. Anil Kumar Singh, GP-26 For the Mines Dept.

:

Mr. Naresh Dikshit, Spl. P.P. Mines Ms. Kalpana, Advocate For the BELTRON :

Mr. Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-12-2025

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following reliefs :- "i. For quashing the office order vide Memo No. 3812/M dated 11.07.2025 issued under signature of Special Officer on Duty,

2/5 Department of Mines and Geology, Government of Bihar, Patna by which the order vide Letter No. 287 dated 31/01/2024 issued under signature of Special Officer on Duty, Department of Mines and Geology, Government of Bihar, Patna has been upheld after rejecting the representation dated 03.04.2025 given by the petitioner in the light of vide order dated 21.03.2025 passed by Hon'ble Mr. Justice Harish Kumar in CWJC No. 4337/2025 and the service of the petitioner has been taken back who was working as an IT boy in Department of Mines and Geology, Madhubani and the petitioner was sent back to Beltron. This said order is passed in violation of set norms of departmental proceeding and in violation of principle of natural justice.

ii. For further immediately restoring the services of the petitioner who has diligently worked as an IT boy at Madhubani till date and he was removed and his service was taken back and sent back to Beltron in an arbitrary and unlawful manner.

iii. For commanding and directions be given to Respondent authorities to immediately provide all service benefits for which the petitioner is entitled in the eye of law after quashing of the office order vide Memo No. 3812/M dated 11.07.2025 issued under signature of Special Officer on Duty, Department of Mines and Geology, Government of Bihar, Patna.

iv. And also for any other relief or

3/5 reliefs for which the petitioner is found entitled in the eye of law."

3. The facts in brief necessary for the instant application are that the Department of Mines and Geology having taken the services of the Bihar State Electronics Development Corporation Ltd. (BELTRON) for miscellaneous works, the BELTRON employed different persons including the petitioner herein and provided the same to the Department of Mines and Geology at Madhubani. The petitioner was engaged as an I.T. boy.

4. It is the case of the petitioner that some unsubstantiated complaints were made against the petitioner before the Mines Department and the services of the petitioner has been dispensed with by the order impugned dated 11.7.2025 passed by the Director, Mines as contained in Annexure-P/11 to the petition.

5. It is submitted by learned counsel for the petitioner that the allegations are unsubstantiated and having cast aspersions on the petitioner, the same be set aside and the respondents-Mines Department be directed to take back the service of the petitioner as an I.T. boy.

6. The application is opposed by learned counsel appearing for the Mines Department. It is submitted by learned

4/5 counsel that the Mines Department entered into an agreement with the BELTRON and outsourced certain services. It was pursuant thereto that certain staff members were provided by the BELTRON to the Mines Department amongst which, the petitioner also happen to be one. It is submitted that there is no direct agreement nor any relationship between the Mines Department and the petitioner. Any complaint which the petitioner may have may be raised by the petitioner against his employer i.e. the BELTRON.

7. Having heard learned counsel for the parties and having perused the contents of the petition, the relevant facts which transpire are that the Mines Department having engaged the services and outsourced certain work to BELTRON, it was the respondent-BELTRON who engaged the services of certain persons and provided the same to the Mines Department. Amongst the persons engaged, the petitioner also happens to be one. In this view of the matter, the Court finds substance in the submissions made by learned counsel appearing for the Mines Department that there exists no direct relationship between the Mines Department and the petitioner.

8. In this view of the matter, the Court finds no merit in the instant application preferred by the petitioner for setting

5/5 aside the order rejecting the representation filed by the petitioner.

9. The application is dismissed.

10. So far as the complaint of the petitioner with respect to personal aspersions cast upon him by the respondentMines Department is concerned, it may observed here that the same will have no bearing in case any application is filed by the petitioner in future for fresh employment.

(Partha Sarthy, J) avinash/- U