Patna High CourtCWJC/8404/2014disposed

Suman Kumar Roy v. Regional Manager And ANR

2015-02-23Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8404 of 2014 ====================================================== Suman Kumar Roy Son of Late Udit Narayan Rai resident of village Makandpur P.O. Rannuchak Makhandpur, P.S. Akharnagar, District Bhagalpur.

.... .... Petitioner

Versus

1. Regional Manager, Central Bank of India, Koshi Chowk, Saharsa.

2. Zonal Manager, Central Bank of India, Maurya Lok Complex, Budh Marg, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Mohan, Adv. Mr. Praveen Kumar, Adv.

For the Respondent/s : Mr. Ajay Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-02-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner in this writ application has sought a direction from this Court to the following effect:

"Commanding the respondents to allow the petitioner to join on the promoted post of Clerk in the respondent Bank pursuant to the office order dated 15.7.2013, vide office order No. RO/RDD/2013-14/967 (Annexure 2) issued by respondents."

and the fact that the respondents in a period of more than nine months have not filed their counter affidavit, this Court would deem it expedient in the ends of justice to direct the authorities of the Bank to take a decision on the pending representation of the petitioner keeping in view his precarious condition of the health.

Patna High Court CWJC No.8404 of 2014 (2) dt.23-02-2015 The prayer now being made by Mr. Ajay Kumar Sinha, learned counsel for the Bank, for adjourning this case, therefore, has to be only noted for its being rejected.

This Court, however, must immediately make it clear that if some decision has already been taken and communicated to the petitioner the same shall not be rescinded or disturbed on account of this direction.

If, on the other hand, no decision has been taken on the pending representation of the petitioner in the subject matter of this writ application, the competent authority of the Bank must take his decision and also communicate to the petitioner within a period of three months from the date of receipt of this order. With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U