Jawahar Lall Vs the State of Bihar and Ors. — Patna HC (2024) — LawSathi Research

Jawahar Lall Vs the State of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of on the submission of the corporation's counsel: petitioner to file a detailed representation before respondent no. 3 within two weeks; respondent no. 3 to dispose of the representation with a speaking order within six weeks after hearing the petitioner in person; if the grievance is found genuine, respondent no. 3 may place the matter before the appropriate forum in accordance with law and communicate the same to the petitioner within the aforesaid period.

Issue for consideration

Whether respondent no. 3 (Managing Director, Bihar State Hydro Electric Power Corporation) should take a decision with regard to the petitioner's claim as mentioned in the writ petition.

Court's answer

The writ petition was disposed of with a direction to respondent no. 3 to look after the claim of the petitioner.

Ratio / Principle

The petitioner was directed to file a detailed representation before respondent no. 3 within a period of two weeks.

Key takeaways

If the petitioner files the representation, respondent no. 3 is directed to dispose of it with a speaking order within a period of six weeks after hearing the petitioner in person.ratio¶¶19
If respondent no. 3 finds that the grievance of the petitioner is genuine, he may place the matter before the appropriate forum in accordance with law, and the same is to be communicated to the petitioner within the aforesaid period.ratio¶¶19

Detailed headnote1 paragraphs

Patna High Court (Rajesh Kumar Verma, J.), Oral Order dated 11-03-2024 in Civil Writ Jurisdiction Case No. 6416 of 2012: writ petition by a serving Chief Engineer of the Bihar State Hydro Electric Power Corporation concerning his claim was disposed of, on the submission of the corporation's learned counsel, without adjudicating any substantive issue. Directions issued: the petitioner to file a detailed representation before respondent no. 3 (Managing Director, BSHPCL) within two weeks; respondent no. 3 to dispose of the representation with a speaking order within six weeks after hearing the petitioner in person; and, if the grievance is found genuine, respondent no. 3 may place the matter before the appropriate forum in accordance with law and communicate the result to the petitioner within the said period. No statute or precedent was cited; no impugned order is identified in the order.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6416 of 2012

======================================================

Jawahar Lall S/O Late Anandi Prasad Yadav, R/O Maloudha, P.S.-Sonebarsha, Distt- Saharsa, At present Posted As Chief Engineer, Bihar State Hydro Electric Power Corporation, Sone Bhawan, Bir Chand Patel Marg, Patna.

... ... Petitioner/s

Versus

The State of Bihar.

The Principal Secretary, Department Of Energy, Govt. Of Bihar, Patna.

Managing Director, Bihar State Hydro Electric Power Corporation, Sone Bhawan, Bir Chand Patel Marg, Patna.

The State Of Bihar, Through The Principal Secretary, Department Of Energy, Govt. Of Bihar, Patna.

... ... Respondent/s

======================================================

Appearance : For the Petitioner/s : Mr. Pranav Kumar, Advocate For the BSHPCL : Mr. Mritunjay Kumar, Advocate For the Respondent/s : Mr. Sanjeet Kumar Singh, AC to AAG-6 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

ORAL ORDER

9 11-03-2024 Heard Mr. Pranav Kumar, the learned counsel for the petitioner, Mr. Mritunjay Kumar, the learned counsel for the Bihar State Hydro Electric Power Corporation and Mr. Sanjeet Kumar Singh, the learned counsel appearing on behalf of the State.

Learned counsel for the corporation submits that the present case may be disposed of with a direction to the respondent no. 3 to take a decision with regard to the claim as mentioned in the writ petition.

In view of the aforesaid, the present case is

Patna High Court CWJC No.6416 of 2012(9) dt.11-03-2024 2/2

disposed of with a direction to the respondent no. 3 to look after the claim of the petitioner and the petitioner is directed to file a detailed representation before respondent no. 3 within a period of two weeks, and if the petitioner files a representation before the respondent no. 3, respondent no. 3 is directed to dispose of the representation of the petitioner with a speaking order within a period of six weeks after hearing the petitioner in person, and if the respondent no. 3 finds that the grievance of the petitioner is genuine, he may place the matter before the appropriate forum, in accordance with law and the same will be communicated to the petitioner withing the aforesaid period.

(Rajesh Kumar Verma, J)

Shahnawaz/-

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