Lalan Kumar Gupta And ORS v. Chairman Cum Managing Director Central Office, Central Bank Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9298 of 2015 ===========================================================
1. Lalan Kumar Gupta Son of Rajendra Prasad Gupta Resident of village - Amari Kakron , P.S. Dhamdaha, District- Purnia.
2. Dular Das Son of Sanichar Das Resident of village - Tatma Toli, Post - Office- Bhatta Bazar, District - Purnia.
3. Chandra Nand Sah Son of Nageshwar Sah Resident of village + Post officeSanjhghhat, P.S. Mirgang, District- Purnia.
4. Kailesh Kumar Mandal Son of Jagdish Mandal Resident of village + Post office Ajhokopa, Police Station - Rupauli , District - Purnea.
5. Surendra Kumar Paswan Son of Chhedi Paswan, Resident of village - Dhamadaha, Police Station - Dhamdaha, Purnea.
6. Ajay Kumar Son of Mahi Chand Yadav Resident of village - Amari Kukron , Police Station - Dhamdaha, District- Purnia.
.... .... Petitioners
Versus
1. Chairman Cum Managing Director Central office, Central Bank of India Chandra Mukhi, Nariman Point, Mumbai- 400021.
2. General Manager, HRD Central Office Central Bank of India, Chandra Mukhi Nariman Point, Mumbai.
3. Regional Manager, Central Bank of India, Sneha Bhawan, Bhatta Bazar, Purnea.
.... .... Respondents =========================================================== Appearance :
For the Petitioner :
Mr. Bishwanath Prasad Singh, Advocate For the Respondents :
Mr. Ajay Kumar Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 05-05-2016 Heard counsel for the petitioners as well as counsel representing the respondent-Bank.
By virtue of an advertisement issued in Annexure-1, dated 13.11.2012, applications were invited on the post indicated therein primarily related to Safai Karamcharis-cum-Peon. After sometime, newspaper publication was made in terms of Annexure-3 where the entire process so initiated has been
Patna High Court CWJC No.9298 of 2015 dt.05-05-2016 2 / 2 cancelled on a decision taken at the headquarter of the Bank. Since selection as such was not made and the process was only initiated, therefore, there cannot be a mandamus for the respondent-Bank to do the hiring even if for some reason or the other, they do not want to proceed with the said advertisement and make appointments.
Certain leave will have to be allowed to the employer in such matters. Legitimate expectation can only arise provided the process is completed and candidates are selected. It is not the case in the present writ application.
No mandamus, therefore, shall be issued against the respondent-Bank to make any appointment in terms of the advertisement contained in Annexure-1.
Writ is dismissed.
(Ajay Kumar Tripathi, J.) SanjayKumar/- AFR/NAFR NAFR CAV DATE Uploading Date 06.05.2016 Transmission Date