IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.236 of 2011 IN CWJC No. 12044 of 1995 ======================================================= Ashok Kumar Singh, son of Dr. Saheb Singh, Resident of village Mahuari, P.O. Randa, P.S. Tarwan, District Azamagarh, at present Ex-Assistant Manager of Bihar State Co-operative Milk Producers Federation Ltd. Patna on Deputation to Vaishali Patliputa Milk Union, Patna - Petitioner - Appellant Versus 1. The State Of Bihar 2. The Board of Directors, Bihar State Co-Operative Milk Producers Federation Ltd. Patna through its Chairman, P.O.-Veterinary college, Patna. 3. Sri Shiva Basanta, I.A.S. Managing Director, Bihar State Co-operative Milk Producers Federation Ltd. Patna P.O.-Veterinary, College, Patna. 4. Sri S. Shreeman Narayan Managing Director, Vaishali Patliputra Dugadh Utpadak Sahakari Sangh Ltd. D-9, Shree Krishnapuri, Patna. 5. The Managing Director, Bihar State Co-operative Milk Producers Federation Ltd. Patna, Near, B. Veterinary College, Patna - Respondents-Respondents. ======================================================= Appearance : For the Appellant : Mr. Chandra Shekhar Prasad, Sr. Advocate & Mr. Brij Mohan Kumar Singh, Advocate For the Respondents: Mr. Rajesh Prasad Choudhary , Advocate ======================================================= CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 2 14.02.2011 Feeling aggrieved by the order dated 24th August 2010 made by the learned Single Judge in above C.W.J.C. No. 12044 of 1995, the appellant has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant is a former employee of the Bihar State Co- Operative Milk Producers Federation Ltd. By order dated 15th March 1994 made by the disciplinary authority, he was dismissed from service. The challenge to the said order in above C.W.J.C. No. 12044 of 1995 has failed before the learned Single Judge. The learned Single Judge has held that the Federation not being a state under Article 12 of the Constitution, a petition under Article 226 of the Constitution did not lie. Therefore, the present Appeal. The matter in dispute has been considered and finally decided by a Full Bench of this Court in the matter of Vidya Bhushan Singh Abhai versus the Bihar State Co-operative Milk Producer’s Federation Ltd. [2010(4) PLJR 26]. In view of the aforesaid Full Bench decision, the Appeal is dismissed in limine. Bibhash ( R.M. Doshit, CJ.) (Jyoti Saran, J.)