Patna High Court
Shatrughan Kumar Sinha vs The State Of Bihar And Ors on 22 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1235 of 2017
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Shatrughan Kumar Sinha son of Late Rajeshwar Prasad Sinha, resident of Flat
No. 303, Saroj Savitri Apartment, Mohalla- Mahesh Nagar, P.S.- Patliputra,
District- Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Managing Director, Bihar State Food and Civil Supplies Corporation
Limited, Sone Bhawan, Birchand Patel Marg, Patna
3. The Chief Administration, Bihar State Food and Civil Supplies Corporation
Limited, Sone Bhawan, Birchand Patel Marg, Patna
4. The Chief of Finance, Bihar State Food and Civil Supplies Corporation
Limited, Sone Bhawan, Birchand Patel Marg, Patna
5. District Manager, Bihar State Food and Civil Supplies Corporation, Saran at
Chapra.
6. District Certificate Officer, Saran at Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Devendra Kumar
For the Respondent/s : Mr.S.Raza Ahmad-AAG 5
For the BSFC : M/s Shailendra Kumar Singh,
Utkarsha Utpal, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 22-04-2025
1. The petitioner has filed the Writ
petition for the following reliefs:
"(I) For quashing of order
dated 12.11.2015 passed by Managing
Director, Bihar State Food & Civil
supplies Corporation whereby he has
wrongly confirmed the Earlier
Punishment order on the nonest ground
that the petitioner did not participate in
Patna High Court CWJC No.1235 of 2017 dt.22-04-2025
2/4
the proceeding.
(II) For staying the operation
of memo No. 4133 dated 31.3.2016
issued by Deputy Chief (Law) B.S.FC.
whereby, pursuant to the order of the
Managing Director he has requested the
District Manager B.S.P.C. Saran for
restart of the certificate proceeding in
view of the order passed by this Hon'ble
Court in C.W.J.C.No. 20502/2012.
(III) For stay of further
proceeding of certificate case No. 1/14-
15 and operation of the order dated
28.9.2016
, whereby the Certificate
Officer has directed to issue Bailable
warrant against the Petitioner.
(IV) For any other relief or
reliefs which your Lordship may deem
fit and proper in the facts and
circumstances of the case."
2. At the outset, the Learned counsel for
the respondents contended that without availing
the alternative remedy of appeal under Section 60
of the Bihar and Orissa Public Demand Recovery
Act, the present Writ petition is filed for the relief
as stated above.
Patna High Court CWJC No.1235 of 2017 dt.22-04-2025
3. On perusal of record, it is evident that
alternative remedy is available to the petitioner
for filing appeal before the competent authority
under Section 60 of the Bihar and Orissa Public
Demand Recovery Act.
4. The Learned counsel for the petitioner
contended that he intends to file an appeal before
the competent authority, but the limitation period
for filing the appeal has lapsed. He prayed for a
direction to the authority concerned to entertain
the appeal in accordance with Section 5 of the
Limitation Act.
5. Taking into consideration that the
petitioner has an alternative remedy of filing an
appeal, the writ petition is disposed of with a
direction to the petitioner to avail the alternative
remedy before the competent authority. The delay
in filing the appeal, if any, shall be condoned by
the authority concerned, and the authority shall
dispose of the appeal within two months from the
date of filing.
6. Interlocutory Application(s), if any,
Patna High Court CWJC No.1235 of 2017 dt.22-04-2025
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.04.2025
Transmission Date
