Madhya Bihar Gramin Bank v. Ravindra Kishore Sinha

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.119 of 2021 In Civil Writ Jurisdiction Case No.17256 of 2017 ====================================================== 1.

Madhya Bihar Gramin Bank through its Chairman, Board of Directors-CumDisciplinary Authority, Head office at Mina Plaza, South of Museum, P.O.- G.P.O.,P.S.-Kotwali, Town and District-Patna, Now Known as Dakshin Bihar Gramin Bank Head Office, Sri Vishnu Commercial Complex, Near National High Way Petrol Pump, Bypass N.H.-30, Asho Chack, P.O.- Kachuara, P.S.-Zeromile, Patna-16.

2.

Board of Directors Dakshin Bihar Gramin Bank through its Chairman Having its Head Office at Shri Vishnu Commercial Complex, NH-30 New Bypass Near BP Highway Services Petrol Pump Asochak, Patna-800016. 3.

The Chairman Dakshin Bihar Gramin Bank (DBGB) having its Office at Shri Vishnu Commercial Complex, NH-30 New Bypass Near B.P. Highway Services Petrol Pump Asochak, Patna-800016.

4.

The Chief Manager, Madhya Bihar Gramin Bank, Head Office at Mina Plaza, South of Museum, P.O.-G.P.O.P.S.-Kotwali, Town and District-Patna, Now Known as Dakshin BIhar Gramin Bank, Head office, Sri Vishnu Commercial Complex, Near National High Way Petrol Pump, Bypass N.H.- 30, Asho Chack, P.O.-Kachuara, P.S.-Zeromile, Patna-6. ... ... Appellant/s

Versus

Ravindra Kishore Sinha Son of Late Mahendra Kishore Sinha Resident of Taj Colony, Baribagh, Panchayati Akhara Road, P.O.-G.P.O., P.S.-Kotwali, Town, District-Gaya.

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

For the Appellant/s :

Mr. Praveen Prabhakar, Advocate Mr. Ved Prakash Srivastava, Advocate For the Respondent/s :

Mr. Rama Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 09-01-2024

Patna High Court L.P.A No.119 of 2021 dt.09-01-2024 2/3 The appellant has assailed the order of the learned Single Judge dated 16.09.2020 passed in CWJC No. 17256 of 2017.

2. The appellant contention is that respondentRavindra Kishore Sinha is not entitled to leave encashment in the light of Regulation 67 of Dakshin Bihar Gramin Bank (Officers and Employees) Service Regulations, 2010 (for short 'Regulation, 2010') which was merged with Madhya Bihar Gramin Bank.

3. Identical matter has been decided by the Coordinate Bench in LPA No. 33 of 2021 arising out of CWJC No. 17150 of 2017 decided on 02.01.2023 and it is against the appellant-Madhya Bihar Gramin Bank. Co-ordinate Bench decision was affirmed by the Hon'ble Apex Court on 25.05.2023 in Special Leave Petition (Civil) Diary No(s). 10349 of 2023 and the same has not been disputed by learned counsel for the appellant-Madhya Bihar Gramin Bank.

4. Accordingly, the present Letters Patent Appeal No. 119 of 2021 stands dismissed in the light of the order dated 02.01.2023 passed in LPA No. 33 of 2021 arising out of CWJC No. 17150 of 2017 while affirming the order of the learned

Patna High Court L.P.A No.119 of 2021 dt.09-01-2024 3/3 Single Judge dated 16.09.2020 passed in CWJC No. 17256 of 2017.

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