IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.892 of 2009 1. SHRI ASHOK KUMAR JHA, S/o late Umapati Jha, Dy. Registrar Co-operative Societies, Bihar, Patna presently posted as Managing Director, Biscomanun, Patna … Appellant-respondent no.7 Versus 1. DR.SUNIL KUMAR SINGH, son of Sri Maharana Pratap Singh, Chairman, Bihar State Co-operative Marketing Union Ltd. (BISCOMAUN), Patna, P.S. Gandhi Maidan, Town and District Patna 2. Board of Directors of the Bihar State Co-operative Marketing Union Ltd. (BISCOMAUN), Patna through its Chairman (petitioner no.1) … Respondent 1st set …Petitioners 3. THE STATE OF BIHAR through its Secretary, Co-operative Department, Govt. of Bihar, Patna 4. State Co-operative Minister, Govt. of Bihar, Patna 5. The Registrar, Co-operative Societies, Bihar, Patna … Respondent 2nd set/Respondents 6. Sri Surendra Prasad Singh, S/o not known, Additional Registrar, Co-operative Societies, Bihar, Patna 7. Sri Ramayan Choudhary, S/o not known, Joint Registrar, Co- operative Societies, Bihar, Patna 8. Shri J.J.Alam, S/o not known, Special Officer (Consumer), Bihar, Patna … Respondents 3rd set/Respondents 9. Shri Vishal Singh, representative, BISCOMAUN, Udwant Nagar Vyapar Mandal, Ara … Respondent 4th set/Respondent 10. Shri J. K. Sinha, District Magistrate, Patna cum Special Officer of BISCOMAUN … Respondents 5th set- Respondents. with LPA No.952 of 2009 1. SHRI ASHOK KUMAR JHA, S/o Late Umapati Jha, Dy. Registrar Co-operative Societies, Bihar, Patna presently posted as Managing Director, Biscomaun, Patna … Respondent- Appellant. Versus 1. RAGHUBANSH NARAIN SINGH, S/o Late Ramphal Singh, Director, Bihar State Co-operative Marketing Union Ltd. (BISCOMAUN), Patna, P.S. Gandhi Maidan, Town and District Patna 2 2. Ram Vishun Singh, S/o Late Sheo Lakhan Prasad, Director, Bihar State Co-operative Marketing Union Ltd. (BISCOMAUN), Patna, P.S. Gandhi Maidan, Town and District Patna …Writ Petitioners-Respondent 1st set 3. THE STATE OF BIHAR through its Secretary, Co-operative Department, Government of Bihar, Patna 4. The Registrar, Co-operative Societies, Bihar, Patna … Respondents/Respondent 2nd set 5. Shri Jitendra Kumar Sinha, District Magistrate, Patna cum Special Officer of BISCOMAUN … Respondent - Respondent. ----------- 5. 17.3.2010 Heard Mr. Girijesh Kumar, learned counsel for the appellant and Mr. Ishwari Singh, learned counsel for the respondents-writ petitioners. The only grievance in these two appeals is that the learned Single Judge should not have commented on the appellant, who was the Managing Director of the BISCOMAUN. To appreciate the said submission we have perused the order passed by the learned Single Judge. It is worth mentioning that the said order has been assailed by the respondents in L.P.A.No. 810/2009 and L.P.A.No. 811/2009 and the appeals have been disposed of having been rendered infructuous. In view of the aforesaid, we are inclined to delete the observations of the learned Single Judge which occurs at page 42. The said observation is as follows: 3 “ In any view of the matter, his action in the present episode indicates that he is unfit to hold the responsible post of Managing Director of an organization like BISCOMAUN.” The aforesaid portion shall be deleted from the aforesaid order for all purposes. The appeals are disposed of accordingly. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/