Devendra Kumar Deepak v. Dakshin Bihar Gramin Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4857 of 2024 ====================================================== Devendra Kumar Deepak son of Virendra Kumar Singh, resident of P.O.- Lalganj, P.S.- Sasaram, District- Rohtas, Pin Code- 821115. ... ... Petitioner/s

Versus

1.

Dakshin Bihar Gramin Bank through its General Manager, Shree Vishnu Commercial Complex, N.H.- 30, New Bypass, Asochak, Patna. 2.

The Chairman-cum-Managing Director, Dakshin Bihar Gramin Bank, Head Office, Asochak, Patna.

3.

General Manager, Dakshin Bihar Gramin Bank, Head Office, Asochak, Patna.

4.

Senior Manager, Dakshin Bihar Gramin Bank, Head Office, Asochak, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinav Srivastava, Adv.

Mr.Raushan, Adv.

Mr.Pushkar Bhardwaj, Adv.

Mr.Arpit Anand, Adv.

For the Respondent/s :

Mr.Mahesh Narayan Parbat, Adv.

Dr.Pankaj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) Issuance of a direction, order or writ, including writ in the nature of Certiorari quashing the order dated 15/07/2023 passed by the Chairmancum-Appellate Authority Managing Director, Dakshin Bihar Gramin Bank, Head Office Asochak, Patna (hereinafter referred to as "the Bank"), by which the appeal preferred by the petitioner against the order of punishment dated 17/01/2023, by which major penalty of removal from service which shall not be disqualification for future employment has

Patna High Court CWJC No.4857 of 2024(2) dt.18-04-2024 2/3 been inflicted upon the petitioner was rejected; (ii) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the order dated 17/01/2023 passed by the General Managercum-disciplinary authority under the Bank, by which the punishment of removal from service which shall not be disqualification for future employment in terms of the provisions contained under Regulation 39 (2) (b) (v) of Dakshin Bihar Gramin Bank (Officers & Employees) Service Regulations, 2010 has been inflicted upon the petitioner;

(iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Bank to take steps towards reinstating the petitioner in the capacity of Office Assistant in the services of the Bank along with all consequential benefits including continuity of service, increment, etc that he has been deprived of on account of the impugned order of punishment having been passed against him."

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 the Labour Court, having competent jurisdiction, for redressal of his aforesaid grievances. Liberty so sought is granted.

Patna High Court CWJC No.4857 of 2024(2) dt.18-04-2024 3/3

3. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) sonal/- U