Representation for redress of the grievance, the authority concerned shall dispose of it expeditiously with reasoned and speaking order: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.128821 Alakhdeo Prasad Son of Late Jangleshwar Prasad Resident of Village Dhakwaha Chak Post Office Parsawan P.S. Barh District Patna The Union of India through the Ministry of Railway Rail Bhavan New ... Petitioner s The General Manager East Central Railway Hajipur The Chief Engineer East Central Railway Hajipur The Divisional Finance Manager Hajipur The Senior Divisional Engineer East Central Railway Moghalsarai ... Respondent s Mr.Ravindra Nath Dubey Advocate Mr.Dr. Krishna Nandan Singhto consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the 4. 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 four months from the date of its filing along with a copy of this order 5. Statement accepted and taken on record 6. As such petition stands disposed of in the following terms: a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and Patna High Court CWJC No.128821 dt.07 01 2022 speaking order preferably within a period of four 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) Also opportunity to place on record all relevant materials documents shall be granted to the e) Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law f) 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 Liberty reserved to the petitioner to approach the appropriate forum if the need so arises subsequently on the same and subsequent cause of action Patna High Court CWJC No.128821 dt.07 01 2022 h) We have not expressed any opinion on merits. All issues are left open i) The proceedings during the time of current Pandemic Covid 19 shall be conducted through digital mode unless the parties otherwise mutually agree to meet in person i.e. physical 7. The petition stands disposed of in the aforesaid 8. Interlocutory Application(s) if any stands Sanjay Karol CJ) ( S. Kumar J

Summary: Filing a representation for redress of the grievance, the authority concerned shall consider and dispose of it expeditiously by a reasoned and speaking order preferably within four months, i.e., representation of paying the admitted dues for completed work, the authority concerned shall dispose of it expeditiously with reasoned and speaking order 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 Alakhdeo Prasad Vs. The Union of India (Civil Writ Jurisdiction Case No.12882 of 2021) Brief facts of the case are that this application is being filed for the issuance of writs, orders, and directions to the respondents to pay the admitted dues for completed work done by the petitioner, as well as to direct the Respondent to consider the petitioner’s representation and pay all admitted dues with interest to the petitioner, and for any other relief/reliefs as the petitioner is found entitled to in the facts and circumstances of the case for the purposes of meeting  ends of justice.  Learned counsel for the petitioner states that if a direction is issued to the authority concerned, i.e., the Senior Divisional Engineer, East Central Railway, Moghalsarai to consider and decide the representation that the petitioner shall be filing within four weeks  for redressal of the grievance(s), the petitioner will be satisfied, whereas 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 along with a copy of this order. While considering such representation, the authority concerned shall consider and dispose of it expeditiously by a reasoned and speaking order preferably within four months from the date of its filing along with a copy of this order, principles of natural justice shall be followed and the petitioner shall approach the authority concerned within four weeks by filing a representation for redress of the grievance, the authority concerned shall consider and dispose of it expeditiously by a reasoned and speaking order preferably within four months . Also, the parties will have the opportunity to record all necessary materials/documents, and the petitioner will have the liberty to approach the appropriate forum if the necessity arises later on the same or subsequent cause of action. Unless the parties mutually agree to meet in person, i.e. physical mode, during the current Pandemic-Covid-19, the proceedings will be handled in digital mode. All issues are left unresolved; the petition is dismissed along with all interlocutory applications, if any. Click here to read the judgment