Prashant Kunwar v. Chief Manager,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5591 of 2025 ====================================================== Prashant Kunwar S/o Dudhnath Kunwar, Resident of Mohalla / VillageNathmalpur, Post Office- Nathmalpur, Police Station- Barhara, DistrictBhojpur (Bihar), PIN- 802316. ... ... Petitioner/s
Versus
1.
Chief Manager, Punjab National Bank, HRMD, (IR Section), HO, Polt No.- 04, Sector- 10, Dwarka, New Delhi- 110075.
2.
Zonal Manager-cum-Appellate Authority, Zonal Office, R- Block, Chanakya Tower, Punjab National Bank, Patna.
3.
Circle Head-cum-Disciplinary Authority, Punjab National Bank, Human Resource Department, Circle Office, 2nd Floor, East Ramna Maidan, Regal Hotel, Post Office- Arrah, Police Station- Arrah, District- Bhojpur, PIN802301, Bihar. 4.
Chief Manager-cum-Enquiry Officer, Punjab National Bank, Human Resource Department, Circle Office, 2nd Floor, East Ramna Maidan, Regal Hotel, Post Office- Arrah, Police Station- Arrah, District- Bhojpur, 802301, Bihar.
5.
Senior Manager-cum-Presenting Officer, Punjab National Bank, Branch Office- Gaura, Post Office- Umraoganj, Police Station- Bihia, DistrictBhojpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar, Advocate For the Respondent/s :
Mr. Mritunjay Kumar, SC PNB Mr. Suryakant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-04-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the Punjab National Bank.
2. Learned Counsel for the Bank submits that he has to appear through online mode, since the matter has been listed immediately therefore he could not file the hard copy. He is at liberty to file hard copy today itself.
3. The present writ petition has been filed by the
2/4 petitioner with the following reliefs:- "I. For issuance of appropriate Writ/ Writs, direction/directions in the nature of Mandamus for directing the Disciplinary Proceedings initiated against the petitioner for alleged imputation of lapses, vide Order dated 21.12.2024 issued under the signature of Circle Head (Respondent No.-3), be conducted at any other place outside the Circle Office to avert the direct interference of the Disciplinary Authority by ensuring conclusion of Departmental Enquiry in accordance with law protecting the rights of the delinquent, as the day to day affairs of the Enquiry is directly being monitored in order to fetch the convenient report and the Enquiry Officer in haste is moving with the enquiry by compromising with the Constitutional rights of the petitioner in violation of the Principles of Natural Justice.
II. For any other relief/reliefs for which the Hon'ble court may grant in the interest of the justice that may be deemed appropriate and necessary in this case including staying of the Departmental Enquiry till final disposal of the matter by the Hon'ble Court."
3/4
4. Learned Counsel for the petitioner submits that the attitude of the Disciplinary Authority is extremely prejudiced against him and it is due to this reason the counsel for the petitioner has filed the present writ petition to change the place of departmental proceeding outside the circle office. Counsel for the petitioner further submits that grounds has been specifically mentioned in paragraph-7 which are alleged to be prejudiced on the part of the Disciplinary Authority/Management.
5. Learned Counsel for the Bank, on the other hand, submits that the Disciplinary Authority is conducting the enquiry completely in accordance with law with the help of enquiry officer and there is no procedural mistake as well as there is no violation of natural justice. The petitioner is making this prayer only with a view to delay the disciplinary proceeding. Counsel for the Bank further submits that the entire documents relating to disciplinary proceeding is available at the place where the disciplinary proceeding is going.
6. In the light of the submissions made, this Court is not inclined to interfere to change the place of disciplinary proceeding at this juncture. Accordingly, the writ petition
4/4 stands dismissed granting liberty to the petitioner that after finality of the disciplinary proceeding he has every liberty to raise those points.
(Dr. Anshuman, J) Mkr./- U