When party seeks remedies that are ordinarily available in law before appropriate forum, it will be handled in accordance with applicable laws in timely manner: Patna High Court
When a party seeks remedies that are ordinarily available in law before appropriate forum, the matter will be handled in accordance with the applicable laws that are available in a timely manner is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of M/s Intelligence Security Force, Vs. The State of Bihar (Civil Writ Jurisdiction Case No.15644 of 2021) Brief facts of the case are that Petitioner has prayed the court to issue appropriate order/s, direction/s, including a writ, preferably in the nature of CERTIORARI, to quashing the respondents Memo dated 19-08-2021, by which the petitioner’s contract for security services, cleaning, and gardening on monthly payment of Govt. Polytechnic, Gaya has been cancelled. The petitioner also prayed t order the respondents to allow the petitioner to continue with the work of security services, cleaning, and gardening on the basis of monthly payment from the Gaya Government Polytechnic. Learned counsel for the petitioner affirms that the petitioner will be satisfied if a direction is issued to the authority concerned to consider and decide the representation that the petitioner will be seeking for redress of the grievance. According to learned counsel for the respondents, if the petitioner files such a representation, the authority concerned must consider and dispose of it promptly, along with a copy of the order. The petition is dismissed, and Petitioner shall file representation before Principal, Government Polytechnic, Gaya, i.e., the respondent for resolution of the grievance the aforementioned respondent must evaluate and dispose of such representation as soon as possible by a reasoned and speaking order, along with a copy of the order. While considering such representation, natural justice principles must be observed and the parties must be given a fair hearing; nonetheless, the petitioner retains the right to pursue any alternative remedies that are otherwise available under the law. hen a petitioner seeks remedies that are otherwise accessible in law before the appropriate court, the matter will be handled in accordance with the law and the petitioner will have the liberty to approach the Court if the necessity arises later on the same. Therefore, petition stands disposed of without opinion on merits.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.156421 M s Intelligence Security Force Bodh Gaya through its Proprietor Lakshmeshwar Thakur aged about 57 yearsS o Suryadeo Thakur R o Village Mastipur Post and P.S. Bodh Gaya District Gaya The State of Bihar through the Principal Secretary Department of Science and Technology Bihar Patna The Principal Secretary Department of Science and Technology Bihar ... Petitioner s The Director Department of Science and Technology Bihar Patna The Billing Branch Establishment Government Polytechnic Gaya The Principal Government Polytechnic Gaya ... Respondent s For the Petitioner s For the Respondent s Mr. Ajay Kumar Sinha Advocate Mr. Kameshwar Prasad Gupta GP 10 Mr. Satya Vrat AC to GP 10 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR Per: HONOURABLE THE CHIEF JUSTICE Date : 20 12 2021 Heard learned counsel for the parties. Petitioner has prayed for the following relief(s): Patna High Court CWJC No.156421 dt.20 12 2021 After the matter was heard for some time learned counsel for the petitioner under instructions states that petitioner shall be content if a direction is issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s). Learned counsel for the respondents states that if such a representation is filed by the petitioner the authority concerned shall consider and dispose it of expeditiously and preferably within a period of two months from the date of its filing along with a copy of this order. Statement accepted and taken on record. As such petition stands disposed of in the following terms: a) Petitioner shall file a representation before Respondent No. 5 namely the Principal Government Patna High Court CWJC No.156421 dt.20 12 2021 Polytechnic Gaya within a period of four weeks from today for redressal of the grievance(s) b) The said respondent shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of two months from the date of its filing along with a copy of this order c) Needless to add while considering such representation principles of natural justice shall be followed and due opportunity of hearing afforded to the parties d) Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law e) We are hopeful that as and when petitioner takes recourse to such remedies as are otherwise available in law before the appropriate forum the same shall be dealt with in accordance with law and with reasonable dispatch f) Liberty reserved to the petitioner to approach the Court if the need so rises subsequently on the same and subsequent cause of action All issues are left open g) We have not expressed any opinion on merits The petition stands disposed of in the aforesaid Patna High Court CWJC No.156421 dt.20 12 2021 disposed of. Interlocutory Application(s) if any stands (S. Kumar J