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Patna High CourtCWJC/8137/2022disposed

Brajnandan Sharma v. Canara Bank Through Its Assistant General Manager

2023-04-04Mr. Justice P. B. Bajanthri,Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8137 of 2022 ====================================================== Brajnandan Sharma, Son of Late Munna Singh Resident of Jhakhraj Sthan, Near Railway Crossing, Girhinda, P.S.- Sheikhpura, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

Canara Bank through its Assistant General Manager Patna Circle, 3rd Floor Lav Kush Tower, Exhibition Road, Salimpur Ahra Golambar, Patna800001. 2.

Assistant General Manager, Canara Bank, Patna Circle, 3rd Floor Lav Kush Tower, Exhibition Rd, Salimpur Ahra Golambar, Patna- 800001. 3.

Canara Bank Centenary Rural Development Trust (R), Care of Canara Bank, Head Office Annexe, 5th Floor, 2nd Cross, Gandhinagar, Bengaluru560009. 4.

Canara Bank Rural Self Employment Institute through its Director, Sheikhpura, District- Sheikhpura.

5.

The Director, Canara Bank Rural Self Employment Institute, Sheikhpura, District- Sheikhpura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Respondent/s :

Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 04-04-2023 In the instant petition, petitioner has prayed for following reliefs:- "I. For issuance of a writ in the nature of writ of certiorari or any other appropriate writ, order or direction for setting aside Letter No. CBRSETI/ CANTEEN/2122/03 dated 31.01.2022 and Letter No. CBRSETI/ CANTEEN/21-22/04 dated 01.02.2022 both issued by the respondent no.

5 whereby the decision taken by the special committee constituted on 25.01.2022 cancelling the service of the petitioner as mess caterer of Canara Bank Rural Self Employment Institute, Sheikhpura (in short

Patna High Court CWJC No.8137 of 2022(5) dt.04-04-2023 2/2 CBRSETI) from 01.02.2022 has been communicated.

II. For issuance of a writ in the nature of writ of certiorari or any other appropriate writ, order or direction for setting aside the decision taken by the special committee constituted on 25.01.2022 cancelling the service of the petitioner as mess caterer of CBRSETI, Sheikhpura from 01.02.2022 has been communicated.

III. For issuance of a writ in the nature of writ of mandamus or any other appropriate writ, order or direction commanding the respondents to allow the petitioner to serve as mess caterer of CBRSETI, Sheikhpura.

IV. For any other relief/ reliefs for which the petitioner is entitled in the facts and circumstances of the case."

Prima facie, the reliefs sought by the petitioner do not survive for consideration, since the concerned respondent has already engaged some other person as Caterer on temporary/ adhoc basis.

In this background, in the event of making any representation before the 5th Respondent by the petitioner, the same shall be considered in accordance with law. Accordingly, the present petition stands disposed of. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) rakhi/- U