Amresh Kumar Yadav v. The Chief Manager Director (C.M.D.)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2370 of 2024 ====================================================== Amresh Kumar Yadav Son of Sri Devendra Yadav, Resident of VillageFatehpur, P.S.- Sabour, District-Bhagalpur, Presently Posted as Business Associate EC No. 173014, Sirsiakala, Bank of Baroda, Araria, DistrictAraria. ... ... Petitioner/s

Versus

1.

The Chief Manager Director (C.M.D.) Bank of Baroda, Head Office, Baroda Bhawan, R.C. Dutta Road, Alkapuri, Baroda- 390007, Gujrat. 2.

The Zonal Manager, Bank of Baroda (Zoula Office), 5th Floor, Anand Vihar, West Boring Road, Patna- 800001.

3.

The Regional Manager, Manager and Disciplinary Authority, Bank of Baroda, Regional Office, Purnea Region, Rambagh Road, 3rd Floor, Shakuntala Diagnostic Centre, Line Bazar, Purnea- 854301. 4.

The Branch Manager, Bank of Baroda, Sirsiakala Branch, Araria, DistrictAraria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Yadav, Advocate For the Respondent/s :

Mr. Sanjeev Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-03-2024 The present writ petition has been filed seeking the following relief:- "1) To quash the order dated 09/11/2023 of the Deputy General Manager and Deputy Zonal Head Patna vide his appeal dated- 29/09/2023 by which the petitioner was initially appointed as a clerk on 11/07/2014 in then Dena Bank, now Bank of Baroda, Sirsiakala Branch, Purnea has been awarded with punishment of suspension period well not be counted as a duty (20 Jun

Patna High Court CWJC No.2370 of 2024(2) dt.07-03-2024 2/3 2022 to 30 March 2023) and providing all the financial benefit as condition (As per law normal duty).

(2) To hold and declare entire departmental proceeding initiated against the petitioner illegal and unjustified in the eye of law on account of departmental enquiry being not conducted as per relevant provisions of civil services (classification control and appeal) Rule2005, and also that principle of natural justice has not been followed in the enquiry proceeding.

(3) To command the respondents and order them to restore all the consequential benefits of services to the petitioner including restoration lack of salary and payment of arrears of salary and charge following impugned order aforesaid is set-aside."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of approaching Labour Court of having competent jurisdiction. Liberty, so sought, is granted.

Patna High Court CWJC No.2370 of 2024(2) dt.07-03-2024 3/3 3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U