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Patna High Court

Umesh Kumar Roy vs The Indian Oil Corporation Limited ... on 31 January, 2022

Author: S. Kumar

Bench: Chief Justice, S. Kumar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10126 of 2021
     ======================================================
     Umesh Kumar Roy, Son of Raja Prasad Roy, Resident of Mohalla Ward No.
     38, Near Bailey Road, Ranjanpath, P.S. Danapur, District- Patna.

                                                             ... ... Petitioner/s
                                      Versus
1.   The Indian Oil Corporation Limited through its Executive Director (Retail
     sales) G-9 Aligavar Jang Margh, Bandra (East) Mumbai, Maharastra.
2.   The General Manager Indian Oil Corporation Limited Bihar State Office,
     5th Floor Loknayak Jayprakash Bhawan, Dakbungla Crossing, Patna.
3.   The Deputy General Manager (R.S.) Patna Divisional Office, Block-A,
     Mauryalok Complex (3rd floor) Dakbungla Road, Patna.
4.   Executive Director M/s Indian Oil Corporation having state office at
     Loknayak Jayprakash Bhawan, Dakbungla, Patna.
5.   Senior Divisional Retail Sales Manager Patna divisional office 3rd Floor A
     Block, Mauryalok complex, Dakbungla road, Patna.
6.   Manager (Retail Sales) Indian Oil Corporation Limited Patna divisional
     office 3rd Floor A Block, Mauryalok complex, Dakbungla road, Patna.
7.   Chief Control Explosive A- Block, 5th floor, CGO complex Seminary Hills,
     Nagpur- 440006.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Amarnath Singh, Advocate
                                  Mr.Ashok Kumar, Advocate
     For the Respondent/s   :     Mr. K. D. Chatterji, Sr. Advocate
                                  Mr.Amlesh Kumar Varma, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE S. KUMAR

     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 31-01-2022 Heard learned counsel for the parties.

2. Petitioner has prayed for following reliefs:-

Patna High Court CWJC No.10126 of 2021 dt.31-01-2022 2/4

3. After the matter was heard for some time, finding the Bench not to be agreeable with the submissions made by learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).

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 Patna High Court CWJC No.10126 of 2021 dt.31-01-2022 3/4 terms:-

(a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s);
(b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from the date of its filing along with a copy of this order;
(c) The order assigning reasons shall be communicated to the petitioner;
(d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties;
(e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties;
(f) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;
(g) 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;

Patna High Court CWJC No.10126 of 2021 dt.31-01-2022 4/4

(h) Liberty reserved to the petitioner to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent cause of action;

(i) We have not expressed any opinion on merits. All issues are left open;

(j) 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 mode;

7. The petition stands disposed of in the aforesaid terms.

8. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          02.02.2022
Transmission Date       NA