Raj Kumar Raut v. The Punjab National Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20877 of 2019 ====================================================== 1.1. Sangeeta Raj W/o Late Raj Kumar Raut Resident of Yamuna-5(403), Ambedkar Dental College, Jalalpur City, Dinapur-cum-Khagaul, P.S.- Danapur, District- Patna.

1.2. Vikash Kumar S/o Late Raj Kumar Raut Resident of Yamuna-5(403), Ambedkar Dental College, Jalalpur City, Dinapur-cum-Khagaul, P.S.- Danapur, District- Patna.

1.3. Mona KUmari D/o Late Raj Kumar Raut Resident of Yamuna-5(403), Ambedkar Dental College, Jalalpur City, Dinapur-cum-Khagaul, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

1.

The Punjab National Bank through its Executive Director/Reviewing Authority, Human Resources Management Division, Head Office, Bhikaji Kama Place, New Delhi.

2.

The General Manager-cum-Appellate Authority, Human Resources Management Division, Head Office, 5 Sansad Marg, New Delhi. 3.

The General Manager (Field), Punjab National Bank, R-Block, Chanakya Complex, Patna.

4.

The Circle Head, Punjab National Bank, R-Block, Chanakya Complex, Patna.

5.

The Assistant General Manager, Punjab National Bank, R-Block, Chanakya Complex, Patna.

6.

The Deputy General Manager, Punjab National Bank, R-Block, Chanakya Complex, Patna.

7.

The H.R.D. Manager, Punjab National Bank, R-Block, Chanakya Complex, Patna.

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

For the Petitioner/s :

Mr.Pawan Kumar Singh, Advocate Mr. Raja Kumar, Advocate For the Respondent/s :

Dr. Pankaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 31-10-2023 Heard learned counsel for the petitioners and learned counsel for the Punjab National Bank.

Patna High Court CWJC No.20877 of 2019 dt.31-10-2023 2/3

2. Learned counsel for the petitioners submits that the present writ petition has been filed challenging the order dated 02.05.2019 passed by the General Manager-cum-Appellate Authority, Punjab National Bank.

3. Learned counsel for the Punjab National Bank has raised a preliminary objection and submits that the present writ petition is not maintainable due to the reason that under rule 18 of the Punjab National Bank Officers Employees' (Discipline and Appeals) Regulation, 1977, there is a provision of filing review, being aggrieved and dissatisfied with the appellate order.

4. Learned counsel further submits that the petitioners have earlier moved before this Hon'ble Court in CWJC No. 5801/2017 in which vide order dated 27.08.2018, both the orders passed by the appellate authority and Executive Director dated 18.02.2015 and 28.02.2017 respectively were set aside and the matter was remanded back to the appellate authority at the stage of appeal. Counsel submits that the petitioner has preferred the present writ petition challenging the appellate order as well as the order passed by the disciplinary authority instead of availing the remedy of filing review under Rule 18 of the Punjab National Bank Officers Employees' (Discipline and

Patna High Court CWJC No.20877 of 2019 dt.31-10-2023 3/3 Appeals) Regulation, 1977.

5. In this background, counsel for the petitioners seeks permission to withdraw the present petition to avail the appropriate remedy by way of filing a review before the Executive Director of the Punjab National Bank.

6. In this view of the matter, the writ petition stands disposed of granting aforesaid liberty to the petitioners. (Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 04/11/2023 Transmission Date NA