Patna High Court
Uma Kant Jha vs The Food Corporation Of India And ... on 11 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3344 of 2017
======================================================
Uma Kant Jha Son of Late Janardan Jha, Resident of Village P.O. P.S.-
Bangaon, District- Saharsa.
... ... Petitioner/s
Versus
1. The Food Corporation Of India and Ors
2. The Managing Director, Food Corporation of India, Bara Khamba Lane,
New Delhi.
3. The General Manager, Food Corporation of India, Arunachal Building,
Exhibition Road, Patna.
4. The Area Manager, Food Corporation of India, District Office, Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashwani Kumar Tiwary
For the Respondent/s : Mr. Prabhakar Tekriwal
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 11-05-2022
Heard learned counsel for the respective parties.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"That this is an application for
issuance of a writ in the nature of certiorari
for quashing the order bearing no. 4392
dated 06.09.2012 (Annexure 1) by which
order petitioner has been imposed the
penalty of dismissal with future of gratuity
the said penalty for illegally imposed on
same charges from which charges the
petitioner has been exonerated by the CBI
vide the final report dated 23.03.2012 itself,
with a prayer to quash the aforesaid order of
punishment imposed against the petitioner
and by quashing the same pay the petitioner
Patna High Court CWJC No.3344 of 2017 dt.11-05-2022
the amount of gratuity and leave encashment
which gratuity with held by the said order of
penalty and the payment of gratuity and
giving encashment may be paid along with
the compound interest to the petitioner."
In respect of challenge to the order dated
06.09.2012 was a subject matter before the Industrial Tribunal
in Complaint No. 7 of 2013 connected with Complaint No. 1 of
2012, Kumar Madan Mohan, Assistant Grade-I (Depot) and
others before the Central Industrial Tribunal No.1, Dhanbad (for
short 'CGIT') allowed the petitioner's complaint among other
complaints.
Feeling aggrieved and dissatisfied with the award
of the CGIT, Dhanbad, respondent-Food Corporation of India
preferred a petition before the Hon'ble Jharkhand High Court in
WP No. 2032 of 2014 and in connected matter WP(L) No. 2033
of 2014 wherein petitioner was a respondent. Hon'ble
Jharkhand High Court while deciding the aforesaid petitions
remanded the matters to Tribunal. Extract of the order is
reproduced here under:
"Considering the aforesaid facts,
Award dated 12.08.2013 is hereby set-aside
and the matter is remanded to the Tribunal
for a fresh consideration. The learned
Patna High Court CWJC No.3344 of 2017 dt.11-05-2022
counsel for the parties agree that the
proceeding in all the complaint cases should
commence from the stage of evidence and
parties may be permitted to lead evidence, if
any. Ordered accordingly. The writ petitions
are allowed, in the aforesaid terms."
In the light of the aforesaid dates and events, the
present petition is not maintainable, since the Hon'ble
Jharkhand High Court has already set aside the award and
remanded the matter to the CGIT. The petitioner has not
furnished the order of the Hon'ble Jharkhand High Court and
failed to appraise factual aspects of the matter, since, matter is
pending consideration before the CGIT, Dhanbad.
Accordingly, the present petition stands dismissed
with cost of Rs.5000/- (Rupees Five Thousand). Cost shall be
remitted in the Patna High Court Legal Services Committee,
Patna within a period of two weeks from today.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.05.2022
Transmission Date NA
