Firoz Wakt And ORS v. The Uttar Bihar Gramin Bank And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8523 of 2014 ======================================================
1. Firoz Wakt, Son of Latifurahaman Ganj No.02, Kanjar Toli, Bettiah, P.S. Bettiah Town, District - West CHamparan
2. Anil Kumar Pathak Son of Ram Bachandeo Pathak Resident of Village - Matiyariya, P.S. Lauriya, District - West Champaran
3. Ashok Kumar Verma Son of Late Indradeo Lal Banuchhapar, Bettiah, P.S. Bettiah Muffasil, District - West Champaran
4. Deepak George Son of Sri George Dicruz resident of Christian Quarters, Bettiah, P.S. Bettiah Town, District - West Champaran
5. Srikant Upadhyay Son of Late Shanker Upashyay resident of Banuchhapar, P.S. Bettiah ( Muffasil ), District - West Champaran, Bettiah
6. Prabhu Mahato Son of Late Agannath Mahto resident of Pirari, P.S. Mainatar, District - West Champaran
7. Binda Prasad Yadav Son of Late Jata Raut resident of Gaunha, P.S. Gaunaha, District - West Champaran
8. Sunil Kumar Verma Son of Late Dhurupdeo Prasad resident of Khauriya, P.S. Sathi District - West Champaran
9. Jitendra Kumar Verma Son of Ram Singhasan Prasad resident of Jaiprakash Nagar, ITI Colony Bettiah, P.S. Bettiah Muffasil, District - West Champaran
10. Lalan Prasad Son of Brahmdeo Prasad resident of Banuchhapar, P.S. Bettiah Muffasi, District - West Champaran .... .... Petitioner/s
Versus
1. The Uttar Bihar Gramin Bank, through it's Chairman, Head Office, Uttar Bihar Gramin Bank, Kalambag Chowk, Muzaffarpur
2. The General Manager, Head Office, Uttar Bihar Gramin Bank, Kalambag Chowk, Muzaffarpur
3. The Regional Manager, regional Office, Uttar Bihar Gramin Bank at Bettiah, P.S. Bettiah, Distt. - West Champaran
4. The Regional Manager, Regional Officer, Uttar Bihar Gramin Bank, P.S. Bagaha Distt. West Champaran
5. The Chief Manager H.R.D. Head Officer, Uttar Bihar Gramin Bank, Kalambagh Chowk, Muzaffarpur
2/7
6. Mr. Prem Kumar Father's name not Known to the petitioners, posted at Bariyapur Branch of Uttar Bihar Gramin Bank in Motihari ( North ) region, Motihari, District - East Champaran.
7. Jay Prakash Gupta Fathers name not Known to the petitioners, posted at Nawada Branch of Uttar Bihar Gramin Bank in Motihari ( S ) region, Motihari, District - East Champaran.
8. Ajay Kumar Nandan Fathers name not known to the petitioners, posted at Bela Branch of Uttar Bihar Gramin Bank in Motihari ( N ) region,
9. Bijay Kumar Srivastav fathers name not known to the petitioners, posted at Guru Bazar Branch of Uttar Bihar Gramin Bank, region, Purnea, District - Purnea
10. Chandra Shekhar Singh fathers name not Known to the petitioners, posted at Ranipatra Branch of Uttar Bihar Gramin Bank, region, Purnea, District - Purnea
11. Umesh Prasad Singh Fathers name not Known to the petitioners, posted at RO. Branch of Uttar Bihar Gramin Bank in Siwan ( W )region, Siwan, District - Siwan
12. Nand Kishore Dwivedy Fathers name not known to the petitioners, posted at Mehsi Branch of Uttar Bihar Gramin Bank, in Motihari (S) region,
13. Niranjan Prasad Singh Fathers name not known to the petitioners, posted at Katsa Branch of Uttar Bihar Gramin Bank, region, Chapra, District - Arrah
14. Anil Kumar Singh, Fathers name not known to the petitioners, posted at Hussainganj Branch of Uttar Bihar Gramin Bank, in Siwan (W) region, Siwan, District - Siwan
15. Ram Kumar Tiwary Fathers name not known to the petitioners, posted at Marhowrah Branch of Uttar Bihar Gramin Bank, region, Chapra, District - Arrah
16. Ratneshwar Jha Fathers name not known to the petitioners, posted at Golabbag Branch of Uttar Bihar Gramin Bank, region, Purnea, District - Purnea
17. Ratan Kumar Singh Fathers name not known to the petitioners, posted at Sonbarsa Acheri of Uttar Bihar Gramin Bank, region Saharsa, District -
3/7 Saharsa
18. Bhola Kumar Jha Fathers name not known to the petitioners, posted at RO. Branch of Uttar Bihar Gramin Bank, region Darbhanga, District - Darbhanga
19. Bharat Prasad Fathers name not Known to the petitioners, posted at Barhani Branch of Uttar Bihar Gramin Bank, in Siwan ( W ) region Siwan, District - Siwan
20. Ranjan Fathers name not known to the petitioners, posted at Saharsa Branch of Uttar Bihar Gramin Bank, in Saharsa region Saharsa, District - Saharsa
21. Rama Shankar Singh Fathers name not known to the petitioners, posted at Siso Branch of Uttar Bihar Gramin Bank, region Darbhanga, District - Darbhanga
22. Chandra Shekhar Kumar Fathers name not known to the petitioners, posted at Sarsi Branch of Uttar Bihar Gramin Bank, region, Purnea, District - Purnea
23. Bihsnu Deo Sao Fathers name not Known to the petitioners, posted at Aimurtinagar Branch of Uttar Bihar Gramin Bank, in Motihari ( N ) region,
24. Shyam Kishor Singh Fathers name not Known to the petitioners, posted at Hajipur Branch of Uttar Bihar Gramin Bank, region, Vaishali, District - Vaishali
25. Praveer Bharti Fathers name not Known to the petitioners, posted at Kursela Branch of Uttar Bihar Gramin Bank, region, Purnea, District - Purnea
26. Santosh Kumar Mishra Fathers name not known to the petitioners, posted at RO. Branch of Uttar Bihar Gramin Bank, region, Hajipur, District - Vaishali
27. Samit Sharan Fathers name not known to the petitioners, posted at Chandpura Branch of Uttar Bihar Gramin Bank, region, Hajipur, District - Vaishali
28. Awanish Kumar Fathers name not known to the petitioners, posted at OPR (HO) Branch of Uttar Bihar Gramin Bank, region Head Office
29. Sanjay Kumar Srivastava Fathers name not known to the petitioners, posted at Brahampur Branch of Uttar Bihar Gramin Bank, region,
4/7 Jhanjarpur, District - Madhubani
30. Tripurari Chaturvedi Fathers name not known to the petitioners, posted at Singheshwar Branch of Uttar Bihar Gramin Bank, region, Madhepura, District - Madhepura
31. Saurabh Karmakar Fathers name not known to the petitioners, posted at RO. Branch of Uttar Bihar Gramin Bank, region, Bagha, District - West Champaran
32. Akanksha Fathers name not known to the petitioners, posted at RO. Branch of Uttar Bihar Gramin Bank, region, Hajipur, District - Vaishali
33. Umesh Prasad Singh Fathers name not Known to the petitioners, posted at RO. Branch of Uttar Bihar Gramin Bank, in Siwan ( M ) region, Siwan, District - Siwan
34. Amresh Kumar Fathers name not known to the petitioners, posted at Pokhraira Branch of Uttar Bihar Gramin Bank, region, Muzaffarpur, District - Muzaffarpur
35. Chandra Deo Baitha Fathers name not known to the petitioners, posted at Raipur Branch of Uttar Bihar Gramin Bank, region, Sitamarhi, District - Sitamarhi
36. Jailal Ram Fathers name not known to the petitioners, posted at Simarwara Branch of Uttar Bihar Gramin Bank, region, Hajipur, District - Hajipur
37. Krishna Nand Shafi Fathers name not Known to the petitioners, posted at Bajitpur Branch of Uttar Bihar Gramin Bank, region Benipur
38. Sanjeev Kumar Fathers name not known to the petitioners, posted at Kunauli Branch of Uttar Bihar Gramin Bank, region, Saharsa, District - Saharsa
39. Birendra Paswan Fathers name not known to the petitioners, posted at Ithari Branch of Uttar Bihar Gramin Bank, region, Saharsa, District - Saharsa
40. Sanjeev Kumar Fathers name not Known to the petitioners, posted at Dhaka Branch of Uttar Bihar Gramin Bank, in Motihari ( N ) region,
41. Dinesh Kumar Paswan Fathers name not known to the petitioners, posted at Pahsaul Branch of Uttar Bihar Gramin Bank, region, Munzaffarpur, District - Muzaffarpur
5/7
42. Gajendra Paswan Fathers name not known to the petitioners, posted at Dhong Branch of Uttar Bihar Gramin Bank, region, Sitamarhi, District - Sitamarhi
43. Arjun Ram Fathers name not Known to the petitioners, posted at Deoria Branch of Uttar Bihar Gramin Bank, region, Muzaffarpur, District - Muzaffarpur
44. Satrughan Das Fathers name not known to the petitioners, posted at Mile Chowk Branch of Uttar Bihar Gramin Bank, region, Hajipur, District - Vaishali
45. Sudama Ram Fathers name not known to the petitioners, posted at Jamobazar Branch of Uttar Bihar Gramin Bank, in Siwan ( E ) region, Siwan, District - Siwan
46. Shambhu Ram Fathers name not Known to the petitioners, posted at Chailaha Branch of Uttar Bihar Gramin Bank, in Motihari ( N ) region,
47. Narendra Kumar Rajak Fathers name not known to the petitioners, posted at Mangalpur Branch of Uttar Bihar Gramin Bank, region, Bettiah, District - West Champaran
48. Rameshwar Ram Fathers name not known to the petitioners, posted at Puranchapra Branch of Uttar Bihar Gramin Bank, region, Motihari (S), District - East Champaran
49. Basudeo Ram Fathers name not known to the petitioners, posted at Bakulahar Branch of Uttar Bihar Gramin Bank, region, Bettiah, District - West Champaran
50. Nand Lal Kumar, Fathers name not known to the petitioners, posted at Gayghat Branch of Uttar Bihar Gramin Bank, region, Motihari ( N ), District - East Champaran .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate.
For the Respondent/s :
Mr. Prabhakar Jha, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT
6/7 26-02-2015 Heard learned counsel for the parties.
2. Having regard to the admitted fact that during the pendency of this writ application, all the petitioners had appeared in the subsequent promotional test and while rest of the petitioners have succeeded and have been promoted, the petitioner no. 1 has again failed, this writ application, in the considered opinion of this Court, has become infructuous for a simple reason that now the relief sought in this writ application assailing the result of the first examination will have no relevance.
3. The moment, this Court has been made aware of the fact that the petitioner no. 1 has failed in the second examination also, he now cannot get any relief on the basis of the result of the first examination because he has already appeared in the second examination without reserving his right to raise the issue in this writ application. Had the petitioner no. 1 not appeared in the second examination, he could have maintained this writ application but having appeared in the second examination, in which he has failed and his other friends i.e. the rest of the petitioners have succeeded, he cannot be allowed to blow hot and cold in the same breath.
5. That being so, this writ application must fail and is accordingly dismissed.
7/7
6. It is, however, made clear that nothing said in this order will come in the way of the petitioner no. 1 to assail the result of the second examination.
(Mihir Kumar Jha, J) Sujit/- U