MANOJ KUMAR Vs. BIHAR PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THIS letters patent appeal arises from an order by which the Learned Single Judge dismissed the writ petition of the Appellant on the ground that the dispute falls beyond the scope of writ jurisdiction of this Court under Article 226 of the Constitution observing that the claim of the Appellant was false, vague and manipulated, in collusion with Yugal Kishore Sah, Section Officer (Purchase) in the office of the Bihar Public Service Commission. Learned Single Judge noticed that as a matter of fact the said Yugal Kishore Sah has been placed under suspension and observed that the proceeding against him should be carried to the logical conclusion.

(2.) AFTER hearing counsel for the Appellant, we are not inclined to interfere with the order of dismissal though for different reason.

(3.) IT will thus clear that the Appellant approached this Court for enforcement of contractual obligation for which writ petition under Article 226 of the Constitution cannot be said to be appropriate remedy. Counsel for the Appellant relied on the decisions of the Apex Court in the case of Verigamto Naveen V/s. Govt. of A.P. (2001) 8 S.C.C. 344, and Roshan Deen V/s. Preetilal (2002) 1 S.C.C. 100.