This oral order held a writ application by a dismissed BISCOMAUN employee not maintainable, relying on prior Special Bench and Division Bench judgments finding similar cases unmaintainable, and dismissed the application accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.8069 of 2007 (13) dt.04-08-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8069 of 2007
======================================================
Trilok Nath Singh, son of late Bhuneshwar Singh, resident of Village Parmanandpur, P.S. Lalganj, Dist. Vaishali at Hajipur.
.... .... Petitioner/s Versus 1. The BISCOMAUN, Gandhi Maidan, Patna through the Managing Director. 2. The Managing Director, The BISCOMAUN, Gandhi Maidan, Patna. 3. The Senior Regional Officer, BISCOMAUN, Gandhi Maidan, Patna. 4. The Incharge Officer (Legal), BISCOMAUN, Gandhi Maidan, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. V.K.Singh, Adv. For the Respondent/s : Mr. P.K.Shahi Mr. Vikas Kumar Mr. Girijesh Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
13 04-08-2015 Heard learned counsel for the parties.
Having regard to the fact that the petitioner was an employee of BISCOMAUN and he has been dismissed from service, this writ application, in view of the judgment of Special Bench of this Court in the case of The Organizer, Dehri C.D. & C.M. Union Limited Vs. The State of Bihar & Ors. reported in 2014(1)PLJR 695 as also earlier Division Bench Judgment of this Court in the case of Santosh Kumar Vs. The State of Bihar & Ors. reported in 2013(1)PLJR 269 , must be held to be not maintainable.
This writ application is, accordingly, dismissed as not
maintainable.
(Mihir Kumar Jha, J)
Rishi/U
2 issues framed by the court
Whether a writ application by an employee dismissed from service is maintainable.
Whether the decision of earlier Special Bench and Division Bench precedents renders the application non-maintainable.
Colour shows how this judgement treated each authority
The Organizer, Dehri C.D. & C.M. Union Limited Vs. The State of Bihar & Ors.Applied¶9
2014(1)PLJR 695
Santosh Kumar Vs. The State of Bihar & Ors.Referred¶9
2013(1)PLJR 269
Trilok Nath Singh
The BISCOMAUN, Gandhi Maidan, Patna through the Managing Director
The Managing Director, The BISCOMAUN, Gandhi Maidan, Patna
The Senior Regional Officer, BISCOMAUN, Gandhi Maidan, Patna
The Incharge Officer (Legal), BISCOMAUN, Gandhi Maidan, Patna
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
