Patna High Court
Upendra Kumar YadavversusThe North Bihar Power Distribution Company Limited
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is not maintainable in its present form and the petitioner must first seek conciliation before the District Labour Commissioner.
Summary
Upendra Kumar Yadav, a Technical Human Resource employee of North Bihar Power Distribution Company Limited, was removed from service by an order dated 27.05.2025 without any show‑cause notice or hearing, allegedly breaching natural justice. He filed a writ petition seeking quashing of the removal order and continuation in his post. The respondents contended that Yadav was appointed through Vishnu Enterprises agency and that any grievance should be directed against the agency, rendering the petition non‑maintainable. The Patna High Court examined the lack of procedural fairness but concluded that the petition, as framed, could not be entertained. Consequently, the Court directed the petitioner to approach the District Labour Commissioner for conciliation within 30 days and disposed of the writ petition.
Issues considered
- Whether the removal order passed without a show‑cause notice and hearing violates the principles of natural justice.
- Whether the writ petition is maintainable given that the petitioner was appointed through an agency.
- What is the appropriate remedy for the petitioner under labour law?
Subjects
- natural justice
- show-cause notice
- service termination
- writ petition
- labour law
- conciliation
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1922 of 2026
======================================================
Upendra Kumar Yadav Son of Prabhu Yadav, Resident of Village- Bahuarwa,
Police Station- Majhaulia, District- West Champaran.
... ... Petitioner/s
Versus
1. The North Bihar Power Distribution Company Limited through its Secretary
Vidhut Bhawan, Patna.
2. The Secretary, North Bihar Power Distribution Company Limited, Vidhut
Bhawan, Patna.
3. The Executive Engineer, North Bihar Power Distribution Company Limited,
Electric Supply Division, Raxaul.
4. The Assistant Engineer, North Bihar Power Distribution Company Limited,
Electric Supply Division, Raxaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Munna Kumar Upadhyay, Advocate
For the Respondent/s : Mr. Sanjeev Kumar, Advocate
Ms. Preeti, Advocate
Mr. Ravi Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed for quashing of the order of
punishment dated 27.05.2025 passed by the Electrical Executive
Engineer, Electrical Supply Division, Raxaul, whereby the
petitioner was removed from service without issuance of any
show-cause notice and without granting him an opportunity to
submit a show-cause reply or an opportunity of hearing, thereby
violating the principles of natural justice. The petitioner has
Patna High Court CWJC No.1922 of 2026(2) dt.05-02-2026
2/3
further prayed for continuance of his service on the post of
Technical Human Resource (Takniki Manav Bal) in accordance
with law.
3. Learned counsel for the petitioner further submits
that Annexure-A/1 is the joining letter, which is the only
document ever received by the petitioner. It is contended that
the authority under whom the petitioner was working did not
afford him any opportunity of hearing prior to passing the
impugned order, compelling the petitioner to approach this
Court by filing the present writ petition.
4. Learned counsel appearing for the North Bihar
Power Distribution Company Limited submits that in view of
Annexure-P/1, it becomes crystal clear that the petitioner
himself has disclosed that he was appointed as Technical Human
Resource through Shri Vishnu Enterprises Agency and that his
grievance, if any, lies against the said agency. Hence, the present
writ petition is not maintainable and is liable to be dismissed.
5. In view of the aforesaid facts and submissions, the
present writ petition is disposed of by granting liberty to the
petitioner to first move for conciliation before the concerned
District Labour Commissioner within a period of 30 days from
the date of production/receipt of a copy of this order. The
Patna High Court CWJC No.1922 of 2026(2) dt.05-02-2026
3/3
District Labour Commissioner concerned is directed to take all
necessary steps in accordance with law for redressal of the
grievance of the petitioner at the earliest.
6. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Dr. Anshuman, J)
Ashwini/-
U
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