Disposed

M/S Rajbir Construction Pvt. Ltd. through Its Director Namely Punit Kumar Agarwal v. the State of Jharkhand through Secretary Deptt of Higher Technical Education and Skill Development

Jharkhand HC3 Mar 2023C.M.P./25/2023

Case brief

AI extract

What is this about?

Single judge order modifying a previous interlocutory order in a writ petition. The High Court allowed the petitioner liberty to file a representation before the correct Deputy General Manager instead of the wrongly impleaded Enforcement Director, and directed the previous order to remain otherwise unaltered.

What did the court decide?

The order dated 19.07.2022 in W.P.(C) No. 1190 of 2022 is modified to give liberty to file representation before Respondent No. 5 instead of Respondent No. 3.

M/S Rajbir Construction Pvt. Ltd. through Its… — Service and Employment | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 25 of 2023

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M/s Rajbir Construction Pvt. Ltd., Ranchi through its Director, Punit Kumar Agarwal ... … Petitioner

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Versus

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The State of Jharkhand through the Secretary, Department of Higher, Technical Education and Skill Development, Ranchi

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Engineering Projects (India) Ltd. (A Government of India Enterprise), through its Chairman-cum-Managing Director, New Delhi

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Group General Manager (Contracts), Engineering Projects (India) Ltd. (A Government of India Enterprise), New Delhi

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Deputy General Manager (Contracts), Engineering Projects (India) Ltd. (A Government of India Enterprise), Ashok Nagar, Ranchi

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Deputy Commissioner-cum-District Election Officer, Godda

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… … Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mrs. Aditee Dongrawat, AC to Mr. Indrajit Sinha, Advocate For the Respondent-State : Mrs. Pinky Tiwary, AC to AG

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-----

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Order No. 03 Dated: 03.03.2023

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At the request of learned counsel for the petitioner, defects pointed out by the office are ignored.

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The present C.M.P has been filed for modification of the order dated 19.07.2022 passed by this Court in W.P.(C) No. 1190 of 2022 to the extent that liberty has been given to the petitioner to file a representation before the respondent no. 5 instead of the respondent no. 3 of the writ petition.

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Learned counsel for the petitioner submits that this Court, vide order dated 19.07.2022 passed in W.P.(C) No. 1190 of 2022, while disposing of the same has given liberty to the petitioner to file a fresh representation on the concerned issue before the respondent no. 3 of the writ petition and on receipt of the said representation, the said respondent has been directed to take appropriate informed decision within one month from the date of filing of the representation.

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It is further submitted that due to inadvertence, Enforcement Director, Engineering Projects (India) Ltd. (A Government of India Enterprise), Patna having its office at Patna, PO & PS-Patna, District-Patna (Bihar) was wrongly impleaded as respondent no. 3 in the writ petition as the said designation and office address is non-existent.

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Moreover, the concerned representative of the respondent company with whom the petitioner has made all the communications is the Deputy General Manager (Contracts), Engineering Projects (India) Ltd., Ashok Nagar, Ranchi, who was respondent no. 5 in the writ petition. As per the order dated 19.07.2022 passed by this Court, the petitioner had to submit a representation before the respondent no. 3 on 08.08.2022, however, since the designation and address of the respondent no. 3 does not exist, the representation was addressed by the petitioner to the respondent no. 5 – the Deputy General Manager (Contracts), Engineering Projects (India) Ltd. (A Government of India Enterprise), Ashok Nagar, Ranchi with the copy of the order dated 19.07.2022. The petitioner even received a reply on 23.08.2022 to the said representation wherein it was asked to send its representative for attending the hearing on 29.08.2022 in the office.

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Learned counsel for the petitioner also submits that since the respondent no. 3 was wrongly impleaded in the writ petition, the said respondent is not being made party in the present C.M.P.

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Having heard learned counsel for the parties and considering the aforesaid submission of learned counsel for the petitioner, the order dated 19.07.2022 passed by this Court in W.P.(C) No. 1190 of 2022 is modified by giving liberty to the petitioner to file representation before the respondent no. 5 – Deputy General Manager (Contracts), Engineering Projects (India) Ltd. (A Government of India Enterprise), Ashok Nagar, Ranchi instead of respondent no. 3 of the writ petition. The rest part of the order dated 19.07.2022 will remain the same.

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The order dated 19.07.2022 passed by this Court in W.P.(C)

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No. 1190 of 2022 is modified to the said extent.

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The present C.M.P stands disposed of.

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(Rajesh Shankar, J.)

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Manish

M/S Rajbir Construction Pvt. Ltd. through Its Director Namely Punit Kumar Agarwal v. the State of Jharkhand through Secretary Deptt of Higher Technical Education and Skill Development

Case brief

What is this about?

What did the court decide?

M/S Rajbir Construction Pvt. Ltd. through Its Director Namely Punit Kumar Agarwal v. the State of Jharkhand through Secretary Deptt of Higher Technical Education and Skill Development

Case brief

What is this about?

What did the court decide?

What the court decided

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