Manoj Kumar vs The State Of Bihar
2022 Latest Caselaw 853 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.3934 of 2021
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Manoj Kumar S/o Late Bharat Mandal Resident of Village - Bharthua Tola, P.S. - Aurai, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar, Bihar.

2. The Principal Secretary, Revenue Department Government of Bihar, Patna.

3. The Commissioner, Tirhut Commissionery Muzaffarpur, District-

Muzaffarpur.

4. The District Magistrate, Muzaffarpur.

5. The Sub-Divisional Officer Magistrate, Muzaffarpur.

6. The Deputy Collector, District Establishment, Collectorate Muzaffarpur.

7. The Circle Officer, Bandara Circle, District- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Srivastava For the Respondent/s : Mr. Raj Kishore Roy, GP 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-02-2022

The matter has been heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"(A) To issue an appropriate writ/writs, order/s, direction/s in the nature of Certiorari for quashing the Order dated 19.08.2020 vide Memo no. 1190/Est passed by the respondent no. 4, i.e., the District Magistrate, Muzaffarpur in which he ordered for the dismissal of the petitioner from his services without giving any opportunity of being heard.

(B) To issue an appropriate writ/writs, order/s, direction/s in the nature of Mandamus for commanding/directing the respondents to re-instate the Patna High Court CWJC No.3934 of 2021 dt.01-02-2022

petitioner back on the post of Clerk along with consequential benefits.

(C) Pass such other Order/Orders as your Lordships may deem fit and proper."

3. Petitioner without exhausting statutory remedy of

appeal against the order dated 19.08.2020 passed by the District

Magistrate, Muzaffarpur has rushed to this Court. Thus, the

present petition is premature in the light of Apex Court decision in

the case of State of Jammu and Kashmir V/s. R.K. Zalpuri and

others reported in AIR 2016 SC 3006, Paragraph-20 which is

held as under:

"20. Having stated thus, it is useful to refer to a passage form City and Industrial Development Corporation V/s.Dosu Aardeshir Bhiwandiwala and others {(2009) 1 SCC 168}, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus:-

"The Court while exercising its jurisdiction under Article 226 is duty-bound to consider whether:

(a) Adjudication of writ petition involves any complex and disputed question of facts and whether they can be satisfactorily resolved;

(b) The petition reveals all material facts;

(c) The petitioner has any alternative or effective remedy for the resolution of the dispute;

(d) Person invoking the jurisdiction is guilty of unexplained delay and laches;

(e) Ex facie barred by any laws of limitation;

Underline Emphasized Patna High Court CWJC No.3934 of 2021 dt.01-02-2022

(f) Grant of relief is against public policy or barred by any valid law; and host of other factors"

4. Reserving liberty to the petitioner to prefer appeal before

the Appellate Authority. If such appeal is filed, the same shall be

considered within a period of three months from the date of

receipt of such appeal.

5. With the above observations, writ petition stands

disposed off.

(P. B. Bajanthri, J) GAURAV S./-

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