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Patna High CourtCWJC/1168/2024disposed

Pawan Kumar v. Dakshin Bihar Gramin Bank

2024-02-29Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1168 of 2024 ====================================================== Pawan Kumar Son of Ram Surat Mahto, resident of village Bejha Dih, P.O. - Lalgunia Raghu Kanth, P.S. and District- Samastipur. ... ... Petitioner/s

Versus

1.

Dakshin Bihar Gramin Bank through Vishnu Commercial Complex, N.H.- 30, New Bye Pass, Near B.P. Highway Services Petrol Pump, Asochak, Patna- 800030 through its Chairman.

2.

The Chairman, Dakshin Bihar Gramin Bank-cum-Appellate Authority, Vishnu Commercial Complex, N.H. - 30, New Bye Pass, Near B.P. Highway Services Petrol Pump, Asochak, Patna- 800030. 3.

The General Manager-cum-Disciplinary Authority, Dakshin Bihar Gramin Bank-cum-Appellate Authority, Vishnu Commercial Complex, N.H. - 30, New Bye Pass, Near B.P. Highway Services Petrol Pump, Asochak, Patna - 800030.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivam, Advocate For the Respondent/s :

Mr. Suresh Pd. Singh No. 1, Advocate Mrs.Kumari Rashmi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i) For quashing the order dated 21.11.2023 passed by the Chairmancum-Appellate Authority, Dakshin Bihar Gramin Bank (respondent No. 2) which was communicated to the petitioner vide letter No. 10789/2023 dated 21.11.2023 issued under the signature of the Senior Manager of the respondent Bank as contained in Annexure-P/8 whereby and

Patna High Court CWJC No.1168 of 2024(2) dt.29-02-2024 2/3 whereunder the appeal preferred by the petitioner against the order dated 28.02.2023 passed by the General Manager -cum-Disciplinary Authority of the respondent Bank (respondent No.

3), as contained in Annexure-P/6 dismissing the petitioner from the service of the respondent Bank, has been rejected.

(ii) For quashing order dated 28.02.2023 passed by the General Manager-cum-Disciplinary Authority of the respondent Bank (respondent No.

3) as contained in Annexure-P/8 whereby and whereunder pursuant to a departmental proceeding the petitioner has been dismissed from the service of the respondent Bank."

2.

At the outset, the learned senior counsel for the petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of approaching the competent Labour Court having appropriate jurisdiction. Liberty, so sought, is granted.

3.

At this juncture, the learned senior counsel for the petitioner submits that in case the

Patna High Court CWJC No.1168 of 2024(2) dt.29-02-2024 3/3 petitioner files appropriate petition before the learned Labour Court within a period of four weeks from today, the learned Labour Court be directed to consider the issue of limitation sympathetically in view of the fact that the petitioner has lost time, by availing ill-advised remedy, before this Court. It is directed accordingly.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U