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Patna High CourtCWJC/18535/2018disposed

Dr. Arvind Kumar Sinha v. The Union Of India And ORS

2020-01-06The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18535 of 2018 ====================================================== Dr. Arvind Kumar Sinha, son of Dr. Baijnath Prasad, resident of Professors Colony, P.S. Rampur, District- Gaya.

... ... Petitioner/s

Versus

1.

The Union of India through Secretary, Department of Finance, Banking Division, Government of India, New Delhi.

2.

Governor, Reserve Bank of India, Head Office, New Delhi, 18th Floor, Shahid Bhagat Singh Road, Mumbai-400001.

3.

Chairman, National Bank of Agriculture and Rural Development (NABARD), New Delhi.

4.

Chairman, Punjab National Bank, Head Office, 7, Bhikhaji Cama Place, New Delhi- 110607 5.

Chairman, Madhya Bihar Gramin Bank, Head Office at Vishnu Commercial Complex, Aaso Chak, New Bipann Road (NH-30) Patna-16. 6.

General Manager, Department of Accounts Madhya Bihar Gramin Bank 7.

Chief Manager, Department of Accounts Madhya Bihar Gramin Bank 8.

Chief General Manager, NAWARD, Patna, Head Office at Maurya Lok Complex, Patna.

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

For the Petitioner/s :

Mr. Dr. Shashi Shekhar Kishore, Advocate For the Respondent/s :

Mr. Rajesh Kumar Verma, ASG For NABARD : Mr. Siddhartha Prasad, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 13.09.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s:

Patna High Court CWJC No.18535 of 2018(2) dt.06-01-2020 2/3 "(i) For issuance of writ/order/direction or including writ in the nature of writ of mandamus/Public Interest Litigation commanding the respondents to hold internal enquiry by the competent agency or Central Bureau Investigation in the Madhya Bihar Gramin Bank regarding two thousand crore financial irregularities/fraud committed by the official of Bank in connivance with Circle and Zonal Officers of P.N.B., treasury by ignoring wide spread violation and unethical practices causing loss to the Bank in the name of overdraft.

(ii) For issuance of direction/ order/ or writ in the nature of writ of mandamus commanding the respondents to hold proper enquiry as NABARD in report has pointed out regarding defalcation of Rs.2000 crores in the name of overdraft loan from the different Branch of Punjab National Bank causing Madhya Bihar Gramin Bank a loss of about Rs. One crores twenty nine lakhs.

(iii) Issuance of direction/order or writ or other appropriate writs to which the petitioner may be found entitled to in the facts and circumstances of the case."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be

Patna High Court CWJC No.18535 of 2018(2) dt.06-01-2020 3/3 making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) uday/- U