Raj Kumar Raut v. Punjab National Bank And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10604 of 2015 ====================================================== Raj Kumar Raut son of Sri Niwas Raut, resident of flat No. 403, Jalalpurcity, Post Office and Police Station Danapur, District Patna, .... .... Petitioner

Versus

1. Punjab National Bank through its Circle Head, R Block, Chankya Complex, Patna,

2. Assistant General Manager, Punjab National Bank, R Block, Chankya Complex, Patna,

3. Field General Manager Officer, Punjab National Bank through its Circle Head, R Block, Chankya Complex, Patna,

4. Deputy General Manager Officer, R Block, Chankya Tower, Patna,

5. Manager, H.R.D. Section, Punjab National Bank R Block, Chankya Complex, Patna, .... .... Respondents ====================================================== Appearance :

For the Petitioner : M/s Pancham Lal Jaiswal and Raju Kumar Goshwami, Advocates For the Respondents : Dr. Pankaj, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 24-07-2015 I have heard learned counsel for the petitioner and the Punjab National Bank.

This writ application has been filed for quashing of the entire disciplinary proceeding including the order dated 18.02.2015 passed by the Deputy General Manager by which he has imposed major penalty of removal from service, however, the same would not be considered as disqualification for future employment. The petitioner also prays for direction for grant of retiral benefits and/or or salary including payment of arrears of

Patna High Court CWJC No.10604 of 2015 (2) dt.24-07-2015 salary for which he may be found entitled.

So far the first relief sought for by the petitioner is concerned, it is submitted that the statutory appeal lies in terms of Regulation 17 of the Punjab National Bank Employees Regulations(Service, Conduct, Discipline and Appeal, Acceptance of Jobs After Retirement and Pension), however, he has approached this Court without availing statutory remedy. With respect to the second relief, it is submitted that since the petitioner has been removed from service without stigma, i.e., the punishment would not affect his future employment, however, he would not be entitled for Gratuity and Provident Fund. Be that as it may, in view of the fact that the petitioner has approached this Court without availing the statutory remedy of appeal, he would be at liberty to approach the concerned authority.

So far the second relief sought for by the petitioner is concerned, let the petitioner approach the Circle Head, Punjab National Bank, Patna by filing a representation in this regard which shall be considered on its own merit and in accordance with law and if dues are found to be admissible then that should be paid within a period of two months from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.10604 of 2015 (2) dt.24-07-2015 result of any appellate order or order passed by any competent authority.

This disposes of the writ petition.

(Dr. Ravi Ranjan, J) SC/- U