Ajay Kumar Srivastava v. The Zonal Manager, Uco Bank And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1972 of 2019 ====================================================== Ajay Kumar Srivastava, son of late Kauleshwar Prasad, resident of MohallaMathia Dih, Dhaka Road, Motihari, PS -Chhatauni, Motihari, District- East Champaran (Bihar) ... ... Petitioner/s

Versus

1. The Zonal Manager, UCO Bank, Zonal Office, Maurya Lok Complex, Fourth Floor, Block- A, New Dak Bunglaw Road, Patna-800001

2. The Deputy General Manager, UCO Bank Zonal Office, Maurya Lok Complex, Fourth Floor, Block-A New Dak Bungalow Road, Patna-800001

3. The Senior Manager, UCO Bank, Motihari, East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siya Ram Shahi, Adv Mrs. Shally Kumari, Adv For the Respondent/s :

Mr.Ranjeet Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 06-02-2019 Though the petitioner, who is an employee of UCO bank and at the relevant time was posted as Senior Manager, Motihari, had initially approached this Court for quashing of the memo of charge which has been served upon him, but after some arguments, has limited his prayer for conclusion of the departmental proceeding which has been initiated against him, within a reasonable period of time.

2. Mr. Siya Ram Shahi, learned counsel for the petitioner has submitted that the petitioner was put under

Patna High Court CWJC No.1972 of 2019 dt.06-02-2019 2/3 suspension and such period of suspension, for no apparent reason, continued for about nine months and only after the petitioner made efforts to know the stage of the departmental proceeding through the mechanism of RTI, he come to learn that departmental proceeding against him is in contemplation. Shortly thereafter, the memo of charges have been served upon the petitioner which has been annexed in the writ petition as Annexure-8.

3. The learned counsel for the petitioner has further submitted that with respect to the majority of the articles of charge, the petitioner had earlier, on being given show cause notice, replied, inviting no further comment from the side of the management. This perhaps was wrongly understood by the petitioner that the proceedings has been concluded.

4. In any view of the matter, with the memo of charge having been served upon the petitioner, the departmental/domestic proceeding has been initiated, but it must be taken to its conclusion.

5. The learned counsel appearing for the UCO bank has informed this Court that an Enquiry Officer and the

Patna High Court CWJC No.1972 of 2019 dt.06-02-2019 3/3 Presenting Officer have been appointed for conducting and concluding the departmental proceeding against the petitioner.

6. With the aforesaid development in the case, Mr. Shahi, learned counsel for the petitioner has only prayed for a direction to the respondent UCO bank for taking steps for concluding the departmental proceeding as early as possible, preferably within a period of five months.

7. This Court can only directs the respondent UCO bank to conclude the proceedings within a period of five months to be counted from the date of production of a copy of this order before the concerned authority.

8. With the aforesaid direction, the writ petition is disposed off.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07/02/2019 Transmission Date NA