Deepak Kumar v. The Chairman, The Bhagalpur Central Co- Operative Bank Ltd.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10533 of 2024 ====================================================== Deepak Kumar Son of Late Viveka Nand Rajhans, Resident of at- Vijaynagar, ward no.- 20, P.S. and District- Banka.
... ... Petitioner/s
Versus
1.
The Chairman, The Bhagalpur Central Co- Operative Bank Ltd. Bhagalpur. 2.
The Vice Chairman, Bhagalpur Central Co- Operative Bank Ltd., Bhagalpur. 3.
The Managing Director, Bhagalpur Central Co- Operative Bank Ltd., Bhagalpur, Jageshwar Mandal Bhawan, Red Cross Road, Bhagalpur812001. 4.
The Manager Accounts (HQ), Bhagalpur Central Co- Operative Bank Ltd., Bhagalpur.
5.
Assistant Manager, (HQ), Bhagalpur Central Co- Operative Bank Ltd., Bhagalpur.
6.
The Council of Director, Bhagalpur Central Co- Operative Bank Ltd., Bhagalpur.
7.
The Branch Manager, Bhagalpur Central Co- Operative Bank Ltd., Dhoraiya Branch, Banka.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajib Ranjan Jha, Adv For the Respondent/s :
Mr.Rakesh Kumar Jha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned counsel for the Bank.
2. The present writ petition is filed for setting aside the order dated 21.02.2020 vide Memo No. 1299 passed by the Respondent No. 3 whereby and whereunder the petitioner was suspended on the ground of two charges on 26.10.2016 vide Memo No. 1019 and the Respondent No. 6 on 22.06.2017 vide Resolution No. 18 awarded punishment for stopping one
Patna High Court CWJC No.10533 of 2024(2) dt.15-07-2024 2/2 increment with cumulative effect and provided subsistence allowance only which was revoked on 25.07.2017 vide letter No. 537 from date of his joining.
3. Learned counsel for the Bank raised preliminary objection and submits that the writ petition is not maintainable before this Hon'ble Court at all and submits that the punishment order has already been acquired finality as he has not challenged the said punishment order before the appellate forum until and unless the punishment order shall not go, no relief could be granted to him. He further submits that he has also challenged the suspension order which has become infructuous.
4. Counsel for the petitioner in response thereof submits that permission may be granted to him to withdraw this writ application to challenge the same before the appropriate forum in accordance with law.
5. Permission granted.
6. Accordingly, this writ petition is dismissed as withdrawn.
(Dr. Anshuman, J) Sunnykr/- U