Patna High CourtCWJC/1162/2015withdrawn

Ram Janam Prasad v. The Zonal Manager And ORS

2015-02-23Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1162 of 2015 ====================================================== Ram Janam Prasad S/o Late Inderdev Rajak, Assistant Manager (Suspended), Central Bank of India, Kushkibagh Branch, District - Purnea. .... .... Petitioner/s

Versus

1. The Zonal Manager (D.G.M), Central Bank of India Zonal Office, Maurya Lok Complex, Block - B, Patna - 800001.

2. The Regional Manager, Central Bank of India Regional Office, Sneh Bhawan, Bhatta Bazar, Purnea-854301.

3. The Chief Manager - Cum - Disciplinary Authority, Central Bank of India, Regional Office, Sneh Bhawan, Bhatta Bazar, Purnea - 854301.

4. The Inquiry Officer - Cum - Senior Manager, Central Bank of India, Regional Office, Sneh Bhawan, Bhatta Bazar, Purnea - 854301.

5. The Branch Manager, Central Bank of India, Khushkibagh, Purnea.

6. The Branch Manager, Central Bank of India, Banmankhi, Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Kumar, Advocate.

For the Respondent/s :

Mr. Ajay Kumar Sinha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-02-2015 After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ application in order to enable the petitioner to raise the issue before the competent authority of the Bank including Enquiry Officer that the memo of charge, on which the departmental proceeding is now proposed to be held against the petitioner, was already subject matter of the memo of charge on which earlier a proceeding was conducted and that proceeding had already come to an end by way of punishing the petitioner and as such the petitioner cannot be proceeded for the same charge.

2. This Court, without expressing any opinion on such

Patna High Court CWJC No.1162 of 2015 (2) dt.23-02-2015 2/2 submission of the learned counsel for the petitioner, would simply accord leave to the petitioner because at the initial stage of departmental proceeding, this Court in exercising power under Article 226 of the Constitution of India would be wholly reluctant to go to the issue unless the memo of charge were exactly the same.

3. That being so, the prayer of the petitioner for withdrawing this writ application is allowed. (Mihir Kumar Jha, J) Sujit/- U