Braj Bhushan Pathak vs The State Of Bihar
2023 Latest Caselaw 3549 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.7609 of 2023
     ======================================================

Braj Bhushan Pathak, Son of Yashoda Nand Pathak, Resident of Village - Bhushao, P.O. - Hariharpur, Police Station - Baniapur, District - Saran (Chapra).

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Labour Resources Department Government of Bihar, Patna.

3. The Joint Secretary, Labour Resources Department Government of Bihar, Patna.

4. The Registrar-cum-Labour Commissioner Labour Resources Department Government of Bihar, Patna.

5. The Joint Labour Commissioner, Labour Resources Department Government of Bihar, Patna.

6. The Under Secretary-Cum-Public Information Officer (Labour Part) Labour Resources Department Government of Bihar, Patna.

7. The Collector, Saran at Chapra.

8. The Labour Superintendent, Saran at Chapra.

9. Sanjeev Pathak, Son of Late Sudhakar Pathak, Resident of Village -

Bhushao, P.O. - Hariharpur, Police Station - Baniapur, District - Saran (Chapra).

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

For the Petitioner/s : Mr.Sanjay Kumar, Advocate For the Respondent/s : Smt. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 08-08-2023

The petitioner seeks enquiry into the registration of Patna High Court CWJC No.7609 of 2023 dt.08-08-2023

labourers made by a Trade Union, whose registration has now

been cancelled. The 9th respondent is said to have founded a

trade union under which many persons were registered for the

purpose of availing the benefits of the welfare schemes

introduced by the State of Bihar, for labourers. The Trade Union

in the name and style Bihar Khet and Nirman Majdoor Union,

Saran at Chhapra bearing Registration No. 4074 of 2009 had its

registration cancelled on 10.08.2022. The petitioner asserts that

it was due to his continued representations that the trade union

registration was cancelled. As of now, the petitioner seeks an

enquiry into the amounts defalcated from the time of the

inception of the Trade Union. It is also alleged that Respondent

No. 9 had included his own relatives as beneficiaries which

resulted in massive defalcations of public funds. It is very

evident that the State after enquiry has cancelled the registration

of the 9th respondent.

2. In such circumstances, we do not think that further

enquiry is required that too on the directions of this Court. We

do not find any reason to invoke the extraordinary jurisdiction

under Article 226 and while closing the writ petition, we make it

clear that, if any, enquiry has already been initiated, the same

shall be proceeded with untrammelled by the closure of the Patna High Court CWJC No.7609 of 2023 dt.08-08-2023

present writ petition.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) Anushka/-

AFR/NAFR
CAV DATE
Uploading Date          11.08.2023
Transmission Date