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patna high court

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.

Click here to read the Judgment

Judgement reviewed by – Pooja Lakshmi

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