Gauraw Lakshmi v. Indian Overseas Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4120 of 2024 ====================================================== Gauraw Lakshmi Wife of Anuj Ranjan, Resident of Mohalla - Ashram Road, Ward No. 10, Forbesganj, P.S. - Araria, District - Araria. ... ... Petitioner/s

Versus

1.

Indian Overseas Bank through its The Chief Managing Director, Central Office, Indian Overseas Bank, Chennai.

2.

The Chief Managing Director, Indian Overseas Bank, through, Central Office, Indian Overseas Bank, Chennai.

3.

The General Manager, Personal Administrative Department, Central Office, Indian Overseas Bank, Chennai.

4.

The Assistant General Manager-cum-Disciplinary Authority, Indian Overseas Bank Regional Office, Naseema Building, 2nd and 3rd Floor, West Gandhi Maidan, Patna 800001.

5.

The Deputy General Manager, Indian Overseas Bank Regional Office, Naseema Building, 2nd and 3rd Floor, West Gandhi Maidan, Patna 800001. 6.

The Chief Regional Manager, Indian Overseas Bank, Regional Office, Naseema Building, 2nd and 3rd Floor, West Gandhi Maidan, Patna 800001. 7.

The Senior Manager, Indian Overseas Bank Regional Office, Naseema Building, 2nd and 3rd Floor, West Gandhi Maidan, Patna 800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagjit Roshan For the Respondent/s :

Mr.S.S. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). Issuance of writ or writs in the nature of Certiorari quashing the Order passed vide Ref: RO/DA/MKS/70/2021-22 dt.

16.11.2021 (Annexure-P/20) passed by Respondent No. 3 whereby and whereunder petitioner has been awarded the punishment of Censure" in terms of rule 4(a) of the Indian Overseas Bank Officer

Patna High Court CWJC No.4120 of 2024(2) dt.04-04-2024 2/3 Employees (Discipline and Appeal) Regulations19 and further the period under suspension shall be treated as "one not spent on duty" and accordingly not entitled for monetary and other benefits other than subsistence allowance.

(ii). Issuance of writ or writs in the nature of Certiorari quashing the Memorandum of allegation and Articles of charge issued vide letter no. RO/HRMD/04/2021-22 dt. 13.07.2021 (Annexure P/12) whereby and whereunder again similar charges has been framed against the Petitioner that to without having any legal basis and moreover the same set of charges has already been withdrawn earlier.

(iii). Issuance of writ or writs in the nature of Certiorari quashing the entire departmental proceeding against the petitioner as it is not based on legal ground and moreover the Petitioner has not been granted proper opportunity of hearing which is violation of Natural Justice.

(iv). Issuance of writ in the nature of Mandamus directing the respondents to grant all the Monetary and other benefits as well consequential benefits of the suspension period of the petitioner."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated

Patna High Court CWJC No.4120 of 2024(2) dt.04-04-2024 3/3 16.11.2021, passed by the Respondent No. 4, i.e. the Assistant General Manager-cum-Disciplinary Authority, Indian Overseas Bank, Patna, by filing appropriate appeal. Liberty, so sought, is granted.

3.

It is needless to state that in case, appropriate appeal is filed before the appellate authority, within a period of two weeks from today, the appellate authority shall consider the same on merits and shall pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter. 4.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U