This is an oral order dismissing a writ petition seeking reinstatement as an IT Manager. The Court found no employer-servant relationship as the petitioner was deployed by a private entity, making the writ petition misconceived.
Writ petition dismissed; liberty granted to the petitioner to avail other remedies.
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 11672 of 2021
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Mukesh Ranjan Roy Son of Late Uday Kumar Roy Resident of VillageParora, Police Station- K. Nagar, Ward No.6, Parora, District- Purnia.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr Prafull Chandra Jha, Advocate For the S t a t e : Mr Bijoy Kr Singh, AC to AAG V For the B S F C : Ms Anukriti Jaipuriyar, Advocate ======================================================
CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
3 22-09-2022
Heard learned counsel for the petitioner and the respondents.
This writ petition has been filed assailing the order dated 05.08.2020 by stating that the petitioner has been removed/terminated from the post of Information Technology (for brevity, IT ) Manager 4G, Government of Bihar with immediate effect and also for consequential orders reinstating thim and other dues.
From the records, it is obvious that the petitioner is
Patna High Court CWJC No.11672 of 2021(3) dt.22-09-2022 2/3
not an employee of Respondent-Bihar State Food and Civil Supplies Corporation ( BSFC for short). He has been deployed by a private entity by the name of 4G Identity Solutions Private Limited. It is specific case of the respondents that they have neither appointed the petitioner nor do they have any role in reinstating him as he is not their employee.
The assertion of the Respondent-BSFC is correct from bare perusal of the Communication dated 10.02.2016 issued by the above noted private entity showing petitioner’s deployment by it in office of the Respondent-BSFC. Annexure 2, which is dated 02.11.2016, is joining report of the petitioner as IT Manager in the Project Management Unit of the RespondentBSFC wherein he has himself claimed to have been appointed by the above noted private entity.
Even the impugned order dated 05.08.2020 is a communication from the Respondent-BSFC to the private agency which had deployed the petitioner.
From the records, it is clear that there is no employer and servant relation between the Respondent-BSFC and petitioner.
This writ petition is, therefore, misconceived and dismissed, with liberty to the petitioner to avail other remedies,
Patna High Court CWJC No.11672 of 2021(3) dt.22-09-2022 3/3
in accordance with law.
(Madhuresh Prasad, J)
M.E.H. /-
U
2 issues framed by the court
Whether the petitioner is an employee governed by service rules for termination purposes when deployed by a private entity.
Whether the High Court can grant relief through a writ petition where there is no employer-servant relationship between the petitioner and the state respondent.
Mukesh Ranjan Roy
The State of Bihar through Principal Secretary, Food and Civil Supplies, Bihar, Patna
The Secretary cum Managing Director, Bihar State Food and Civil Supplies Corporation Ltd.
The District Magistrate, Katihar
The Deputy General Manager (Modernization) Bihar State Food and Civil Supplies Corporation Ltd.
The District Manager, Bihar State Food Corporation, Katihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
