Rajeev Kumar @ Rajiv Kumar v. The Madhya Bihar Gramin Bank And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1296 of 2018 In Civil Writ Jurisdiction Case No.6727 of 2014 ====================================================== Rajeev Kumar @ Rajiv Kumar, Son of Gajo Paswan, Resident of Mitra Mandal Colony, Near Arun Rajak, Sai Chak Mohall, P.S.- Beur, DistrictPatna. ... ... Appellant.

Versus

1.

The Madhya Bihar Gramin Bank, through its Chairman, Meena Plaza, South of Museum, Patna-800001.

2.

The Chairman, Madhya Bihar Gramin Bank, Meena Plaza, South of Museum, Patna- 800001.

3.

Chairman-Cum-Disciplinary Authority, Madhya Bihar Gramin Bank, Meena Plaza, South of Museum, Patna-800001.

4.

Branch Manager, Madhya Bihar Gramin Bank, Paliganj Branch, Bihar. 5.

Enquiry Officer-Cum-Branch Manager, Madhya Bihar Gramin Bank, Paliganj, Branch, Bihar.

... ... Respondents.

====================================================== Appearance :

For the Appellant :

Mr. Madhav Jha, Advocate.

For the Bank :

Mr. Suresh Prasad Singh No.1, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 15-01-2024 On 12.12.2023, the following order was passed: "Learned counsel for the Respondents-Bank is hereby directed to produce the original decision of the Board so as to ascertain whether competent persons have participated in the process of the Board decision or not.

Further, we have to ascertain whether Chairperson had participated in the Board

Patna High Court L.P.A No.1296 of 2018 dt.15-01-2024 2/2 decision or not, since Chairperson passed the order of removal from service in the capacity of disciplinary authority.

2. Re-list this matter on 12.01.2024."

2. Today, learned counsel for the Respondents-Bank furnished original decision of the Appellate Board. We have perused and we are satisfied. The Board is not consisting of one Shri Sanjiv Sharan, who is stated to be Chairman, on the other hand, Chairman Shri A.K. Dargan and five others, who are the Directors, were parties to the Appellate decision.

3. Accordingly, the present L.P.A. stands disposed of reserving liberty to the appellant to assail the Appellate Authority's order dated 09.09.2013 and its communication by the concerned authority before appropriate forum. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.01.2024.

Transmission Date NA