IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14973 of 2005
Manish Kumar son of Sri Sudhaker Prasad, At Guljarbagh Shivpur
Road, P.O.-Godda, P.S.-Godda, District-Godda (JH), A/p Care-
Kapildeo Sah, Ram Janki Bhandar, Churi Market, Patna.
..........Petitioner
Versus
1. The Union of India through the Secretary, Department of
Telecommunication, New Delhi.
2. S.P. Singh, Chief Postmaster General, Bihar Circle, Meghdoot
Bhawan, G.P.O.-Patna.
3. Surendra Jha, Assistant Director (Mails) Meghdoot Bhawan,
G.P.O.-Patna.
4. P.N. Jha, Superintendent of Post Officer, Vaishali Division,
Hazipur.
..........Respondents
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05 20.09.2011 1. Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. This writ petition has been filed by the petitioner for the
following reliefs:-
a) Direction to the respondents to dispose of the
tender matter to carry mails Hazipur to
Vaisali within a week pending since
21.09.2004 in violation to Hon’ble Court
order dated 14.07.2004 to dispose of the
tender matter within two weeks from the
date of order.
b) Contempt against the defaulters for not
complying the order of Hon’ble Court dated
14.07.2004.
c) Deduction of payments made to the carrying
mail contractor Mr. Vijay Nair from the
Salary of Chief Post Master, Bihar Circle
Patna, Assistant Director Mails and
Superintendent of Post Officers, Hazipur,
who did not comply the order of Hon’ble
Court to dispose of the tender matter within
two months and continued to the get the
mail carried through Mr. Vijay Nair for the
last 13 months @ 850/- per month, when the
other tenders were of lower rate for one to
two thousand monthly.
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3. From the facts and circumstances of this case and from
the argument of learned counsel for the parties, it transpires that
originally the allotment of tender was made in favour of the petitioner
for conveyance of mails by small three wheeler vehicles between
Hajipur to Vaishali with up and down journey throughout the year on a
monthly remuneration for three years.
4. The said allotment in favour of petitioner was
challenged by one Mahim Narain Singh vide C.W.J.C. No. 3531 of
2002, which was disposed of by a Bench of this Court on 14.07.2004
(Annexure-1) with a direction that the Chief Post Master General, Patna
shall invite fresh tender in which the petitioner and the said objector
may also participate and their cases shall be considered along with
other tenders without being prejudiced by any action of the authority or
any order passed by this Court in the present case, which must be done
within two months.
5. The grievance of the petitioner is that although two
months time was granted by the said order but the petitioner was never
informed what had happened with regard to said tender and hence the
said order of this Court has been violated.
6. There is nothing to show what had happened thereafter.
Neither the petitioner has brought on record any step taken by the
authorities in that regard nor he had filed any petition before this Court
for initiating a proceeding of contempt against the respondents
authorities for violating the said order dated 14.07.2004 passed in
C.W.J.C. No. 3531 of 2002.
7. Furthermore, it is quite apparent that the allotment was
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only for three years and several three years have lapsed since 2004 and
no interim order had also been passed in this writ petition.
8. Accordingly, this Court finds that the writ petition has
become infructuous and is accordingly disposed of.
(S.N. Hussain, J.)
Safik