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Patna High Court

Devashish ThakurversusThe Bihar State Power Holding Company Ltd., throug its Chairman-cum-Managing Director

Decided
Disposal
DISPOSED

Holding

The Court held that no further order is required as the opposite party has complied with the earlier direction, and the application is disposed.

Summary

The petitioner, Devashish Thakur, filed an application alleging that the Bihar State Power Holding Company Ltd. had not complied with the High Court's order dated 20 June 2019 in Letters Patent Appeal No. 582 of 2018, which had set aside earlier orders and directed the company to take a fresh decision on vacant posts within three months. The opposite parties submitted that they had complied with the direction by issuing a detailed order through letter No. 1542 dated 21 November 2025. The Court examined the submission and held that, since the required order had been issued, no further judicial intervention was necessary. The Court therefore disposed of the petitioner's application, granting the petitioner liberty to challenge the letter if he wishes. The matter was concluded without any further order.

Issues considered

  • Whether the Court should pass a fresh order when the opposite party claims compliance with the earlier direction dated 20 June 2019.

Subjects

  • appointment from merit list
  • non‑compliance of court order
  • fresh decision
  • public sector undertaking
  • letters patent appeal
  • disposal of application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.351 of 2026
                                                    In
                                   Letters Patent Appeal No.582 of 2018
                 ======================================================
                 Devashish Thakur S/o Awadhesh Thakur, Resident of Mohalla- Chunabhathi,
                 near Mithu Mandir Chowk, P.S.- University Campus, District- Darbhanga.

                                                                                ... ... Petitioner/s
                                                Versus
           1.    The Bihar State Power Holding Company Ltd., through its Chairman-cum-
                 Managing Director, Bihar.
           2.    Sri Manoj Kumar Singh, Chairman-cum-Managing Director, Bihar State
                 Power Holding Company Ltd., Vidyut Bhawan, Bailey Road, Patna.
           3.    Sri Vinay Kumar, Deputy General Manager (Human Resources and
                 Administration), Bihar State Power Holding Company Ltd., Vidyut Bhawan,
                 Bailey Road, Patna.
           4.    Sri Ram Anugrah Narayan Singh, General Manager, (Human Resources and
                 Administration), Bihar State Power Holding Company Ltd., Vidyut Bhawan,
                 Bailey Road, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Rohit Kumar, Adv.
                 For the Opposite Party/s :    Mr. Lalit Kishor, Sr. Adv.
                                               Mr. Shubham Saurav, Adv.
                                               Mr. Kanishka Shankar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4   08-04-2026                  Heard learned counsel for the parties.

                                2. The present application has been preferred by the

                   petitioner     alleging    non-compliance      of     the     order     dated

                   20.06.2019 passed in LPA No. 582 of 2018, wherein the

                   following observations and directions were made by a co-

                   ordinate Bench of this Court:

                                              "Having   considered     the     submissions
Patna High Court MJC No.351 of 2026(4) dt.08-04-2026
                                            2/3




                          raised and having gone through the judgements cited
                          at the Bar, we clearly find that the issue raised with
                          regard to appointment from the same merit list in
                          respect of the posts that had been left un-filled due to
                          non-joining had been raised in the representation, in
                          the writ petition as well as in the supplementary
                          affidavit filed before the learned Single Judge. We do
                          not find any consideration of the said issue either in
                          the order impugned passed by the Chairman-
                          Managing Director or in the impugned judgement.
                          The reason given in the impugned order by the
                          Chairman-cum-Managing Director to the effect that
                          no panel of candidates was notified so as to continue
                          the appointment furthermore is clearly contradicted
                          by the action of the respondent-Power Holding
                          Company Limited in matters of such appointment as is
                          clearly established from a perusal of Annexure-10/1
                          appended along with the supplementary affidavit filed
                          in CWJC No.7113 of 2016. The reason, therefore,
                          given by the Chairman-cum-Managing Director in the
                          order dated 15.02.2016 is unsustainable. The second
                          reason given that the service conditions of the
                          candidates already selected has intervened and their
                          consolidated pay structure has been converted into
                          regular pay scale also does not stand to reason
                          inasmuch as the same absolutely has no nexus with
                          the nature of the issue raised, namely, if the post has
                          been left unfilled and is vacant then it can be offered
                          to the candidate from the same merit list. The reason,
                          therefore, having no nexus with the direction given by
                          this Court for consideration also does not stand to
                          reason. Thus the order dated 15th February, 2016 on
                          both counts cannot be upheld. The learned Single
                          Judge has also not delved into this issue and has not
                          recorded any finding.
                                        Consequently, for the aforesaid reasons,
                          the order dated 15th February, 2016 as well as the
                          impugned judgements dated 23.08.2017 and
                          26.03.2018 of the learned Single Judge in CWJC
                          No.7113 of 2016 and CWJC No.5041 of 2016
                          respectively cannot be sustained and are hereby set
                          aside. The appeals are allowed.
                                        The respondent-Chairman-cum-Managing
                          Director is commanded to take a fresh decision
                          keeping in view the aforesaid facts and circumstances
          Patna High Court MJC No.351 of 2026(4) dt.08-04-2026
                                                      3/3




                                    within a period of three months in the light of the
                                    observations made hereinabove and intimate the
                                    appellants accordingly."


                                 3. Mr. Lalit Kishor, learned senior counsel appearing

                    on behalf of the opposite parties submits that in compliance of

                    the order dated 20.06.2019, a detailed order has already been

                    passed by the authority concerned vide letter No. 1542 dated

                    21.11.2025 (Annexure-P/6).

                                 4. Considering the fact that, in compliance of the

                    order dated 20.06.2019, an order has already been passed by the

                    authority concerned, this Court is of the view that no further

                    order is required to be passed in the present matter. If so

                    advised, the petitioner shall be at liberty to challenge letter No.

                    1542 dated 21.11.2025 in accordance with law.

                                 5. With the aforesaid liberty, the present application

                    stands disposed of.



                                                (Sudhir Singh, J)


                                              ( Shailendra Singh, J)
annu/Rajesh

U


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