The Patna High Court dismissed a writ petition invoking public interest litigation principles. The court held that service matters cannot be entertained via writ jurisdiction when a departmental enquiry is already underway, thus dismissing the petition as not maintainable.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18114 of 2016
=========================================================== Naveen Kumar Singh, Son of Sri Chandra Shekhar Singh, Resident of mohalla Chauhatta, Near Mahila Thana, P.S. Town, Hajipur, District Vaishali.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Respondent/s : Mrs. Shilpa Singh- GA 12
Mr. Sunil Kumar, AC to GA 12
For the University : Mr. Rakesh Kr. Singh, Advocate
===========================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 23-08-2017
In view of the law laid down by the Supreme Court in the case of Bholanath Mukherjee & Others – Versus- Ramakrishna Mission Vivekananda Centenary College & Others [(2011) 5 SCC 464] and followed recently by the Delhi High Court in the case of Forum of SC and ST Legislators and Parliamentarians –Versus-
Oil and Natural Gas Corporation Ltd & Another (WP (C) No 1698
of 2017) decided on 27.02.2017, in a public interest petition, service
Patna High Court CWJC No.18114 of 2016 dt.23-08-2017
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matter cannot be entertained. Further the fact that the Registrar of the University has already constituted an enquiry, no further indulgence into the matter is made out. The Registrar may proceed with the enquiry and bring to its logical conclusion.
With the aforesaid, the matter stands disposed of.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
Sunil/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 24.08.2017 |
| Transmission Date |
1 issue framed by the court
Whether a writ petition challenging a service matter can be entertained when an enquiry has already been initiated by the Registrar.
Colour shows how this judgement treated each authority
Bholanath Mukherjee & Others – Versus- Ramakrishna Mission Vivekananda Centenary College & OthersFollowed¶21
Bholanath Mukherjee & Others – Versus- Ramakrishna Mission Vivekananda Centenary College & Others [(2011) 5 SCC 464] · Who else cites this
Forum of SC and ST Legislators and Parliamentarians –Versus- Oil and Natural Gas Corporation Ltd & AnotherFollowed¶21
Forum of SC and ST Legislators and Parliamentarians –Versus- Oil and Natural Gas Corporation Ltd & Another (WP (C) No 1698 of 2017)
Naveen Kumar Singh
State of Bihar through Principal Secretary, Education Department, Bihar, Patna
B.R.A. Bihar University through its Registrar, Muzaffarpur
Registrar, Bihar University, Muzaffarpur
Awadh Bihari Singh College, Lalganj, Vaishali through its Secretary
Alok Rajan Singh
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
