Sheela Devi vs The State Of Bihar And Ors
2023 Latest Caselaw 3794 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
              Civil Writ Jurisdiction Case No.19107 of 2014
======================================================

Sheela Devi, Wife of Late Bishwanath Singh, resident of Village- Sabbalpuri, Police Station- Panjwara, District- Banka, At present C/o Dhiraj Kumar Singh, Panna Mill Compound Bounsi Road, Bhagalpur, Police Mozahidpur, District- Bhagalpur.

... ... Petitioner/s

Versus

1. The State Of Bihar

2. Bihar State Road Transport Corporation, Birchand Patel Road, Patna.

3. The Administrator, Bihar State Road Transport Corporation, Birchand Patel Road, Patna.

4. The Divisional Manager, Purnea, Bihar State Road Transport Corporation, Purnea.

5. The Superintendent, Bihar State Road Transport Corporation, Purnea Division, Purnea.

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

For the Petitioner/s : Mr.Rabindra Kumar Choubey, Adv.

For the Respondent/s     :      Mr. Gyan Shankar, AC to GP-2
For the BSRTC            :      Mr. Anand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 17-08-2023

The present writ petition has been filed seeking the

following relief:-

"1. That this is an application for issuance of appropriate writ, order or direction for quashing the dismissal order of her late husband passed by Respondent No.4 and communicated vide Memo Patna High Court CWJC No.19107 of 2014 dt.17-08-2023

No. 518 dated 09.04.2005 (Annexure-4) by which order, the late husband of the petitioner was awarded the said without punishment of dismissal from service without initiation of the departmental proceeding and as such the so called validity of under challenge order passed by the Respondent No.4 is/was quite illegal, arbitrary and malafide and in violation of natural justice."

2. Admittedly, the present writ petition is not maintainable

in view of the judgment, rendered by a coordinate Bench of this

Court in the case of Sidheshwar Prasad vs. Bihar State Road

Transport Corporation and Others, reported in 2003(2) PLJR

842 as also in view of the judgment dated 29.11.2022, rendered

by the learned Division Bench of this Court in the case of

Rajeshwar Prasad vs. The State of Bihar & Ors. (LPA No. 822

of 2015), nonetheless, the learned counsel for the petitioner

prays that a direction be issued for expediting the proceedings of

the case to be filed by the petitioner, in case the petitioner

invokes the mechanism provided for under the Industrial

Disputes Act, 1947 (hereinafter referred to as "the Act, 1947").

3. It is needless to state that in case, appropriate petition is filed

by the petitioner under the provisions of the Act, 1947, the concerned

authority shall expedite the matter and pass appropriate orders Patna High Court CWJC No.19107 of 2014 dt.17-08-2023

thereon, forthwith.

4. The present writ petition stands disposed off on the

aforesaid terms.

(Mohit Kumar Shah, J)

Ajay/-

AFR/NAFR                NAFR
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Uploading Date          18.08.2023
Transmission Date       NA