Chandeshwar Ram v. The Dakshin Bihar Gamin Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5289 of 2024 ====================================================== Chandeshwar Ram Son of Late Chandrika Ram, Resident of MuhallaMaulabag, Post- Pakari, P.S.- Nawada, District Bhojpur 802301 (BIHAR). ... ... Petitioner/s

Versus

1.

The Dakshin Bihar Gamin Bank through Its Present Chairman Having Its Office at Office At Shri Vishnu Commercial Complex, NH- 30, New Bypass Near BP Highway Services Petrol Pump, Asochak, Patna-800030. 2.

The Chairman-Cum-Appellate Autority, The Dakshin Bihar Gamin Bank Having His At Present Head Office At Shri Vishnu Commercial Complex, NH-30 New Bypass near BP Highway Services Petrol Pump, Asochak, Patna- 800030.

3.

The General Manager -CUM- Disciplinary Authority, The Dakshin Bihar Gamin Bank Having His At Present Head Office At Shri Vishnu Commercial Complex, NH-30 New Bypass Near BP Highway Petrol Pump, Ashochak, Patna- 800030.

4.

The Enquiry Officer Sri Satyadeo Bashishthay, Dakshin Bihar Gramin Bank Having His The Then Office At Shri Vishnu Commercial Complex, NH-30 New Bypass Near BP Highway Petrol Pump, Ashochak, Patna-800030. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harendra Singh For the Respondent/s :

Mr.Mahesh Narayan Parbat ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2024 The present writ petition has been filed seeking the following relief:- "(i). For quashing of the Memo of Charge

Patna High Court CWJC No.5289 of 2024(2) dt.25-04-2024 2/3 Sheet dated 11.12.2014 which was served upon the Petitioner on the allegation of irregularities committed by the petitioner during his service period of Belauti Branch and Aurangabad.

(ii). For quashing of the Dismissal Order dated 11.01.2016 passed by the Disciplinary Authority whereby and whereunder the disciplinary authority, without considering the fact that during inquiry no reasonable opportunity and also relevant document relating to the present case was not provided to the petitioner to properly defend himself, has passed order inflicting punishment to the petitioner of Compulsory Retirement under Regulation 39 (1)(b)(iii) of Madhya Bihar Gramin Bank (Officer & Employee) Service Regulation 2010.

(III) For that after quashing the impugned order dated 11.01.2016 the consequential benefit may be granted to the petitioner."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 11.01.2016, passed by the Disciplinary Authority, whereby and whereunder the petitioner has been inflicted with the punishment of compulsory retirement, by filing

Patna High Court CWJC No.5289 of 2024(2) dt.25-04-2024 3/3 appropriate appeal. Liberty, so sought, is granted. 3.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) kanchan/- U