Shashikant Sharma v. The General Manager,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14708 of 2019 ====================================================== Shashikant Sharma Son of Late Ramcharan Mistri Resident of Village Staff Quarter No.2, State Bank of India Bank Road Motihari. ... ... Petitioner/s

Versus

1.

The General Manager, State Bank of India, Gandhi Maidan, Patna. 2.

The Deputy General Manager (BPO) Poddar Complex State Bank of India Ramna Muzaffarpur.

3.

The Chief Manager, State Bank of India, Motihari. 4.

The Regional Manager, State Bank of India, Motihari. 5.

The Disciplinary Authority cum Deputy General Manager State Bank of India Muzaffarpur.

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

For the Petitioner/s :

Mr. Dilip Kumar Tondon, Advocate For the SBI :

Mr. Rakesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-07-2019 The petitioner has been transferred from one place to another but has continued to retain the official residence. As such, the employer of the petitioner directed him to vacate the premises and charged penal/commercial rent from him for the period that he has kept the official accommodation under unauthorized occupation.

The petitioner has approached this Court for a direction to the respondent bank/employer to provide

Patna High Court CWJC No.14708 of 2019(2) dt.24-07-2019 2/3 some time to the petitioner to vacate the premises. No such order can be passed specially in view of the fact that somebody else has been transferred at the post of the petitioner who would require an accommodation at such place.

Mr. Dilip Kumar Tandon, learned advocate for the petitioner has also prayed that since the petitioner was suspended because of this and he has preferred an appeal against the order of suspension, at least a direction be issued to the Appellate Authority to dispose of the appeal without any delay.

Though this writ petition could not have been maintained with two prayers which are absolutely distinct, nonetheless, it is observed that any Appellate Authority is under an obligation to decide the appeal within the statutory period and if there is no period prescribed for the same, within a reasonable period. In such circumstances, this Court only directs the Appellate Authority to dispose of the appeal of the

Patna High Court CWJC No.14708 of 2019(2) dt.24-07-2019 3/3 petitioner at the earliest, preferably within a period of one month from the date of production/receipt of a copy of this order.

The rejection of the present petition would not come in the way of the petitioner representing before the respondents for allowing him to stay in the official premises for one month so that he may make another/ alternative arrangement.

Should such a petition be filed, the concerned respondent shall consider the same and communicate the decision to the petitioner.

With the aforesaid observation/direction, the writ petition stands disposed of.

(Ashutosh Kumar, J) Shageer/- U