Pramod Kumar v. Uttar Bihar Gramin Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17551 of 2019 ====================================================== Pramod Kumar, S/o Late Ramekwal Singh, Resident of Mohalla- Bagmali Khatajangi, P.S.- Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

1.

Uttar Bihar Gramin Bank, Kalambagh Chowk, Head office Muzaffarpur through its Chairman.

2.

The Chairman, Uttar Bihar Gramin Bank, Kalambagh Chowk, Head office Muzaffarpur.

3.

The Chief Manager, Uttar Bihar Gramin Bank, Kalambagh Chowk, Head office Muzaffarpur.

4.

The Regional Manager, Regional Office Uttar Bihar Gramin Bank, Kalambagh Chowk, Head office Muzaffarpur.

5.

The Branch Manager of Branch Fatehabad Uttar Bihar Gramin Bank, Muzaffarpur.

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

For the Petitioner/s :

Mr. Mritunjay Prasad Singh, Advocate Mr. Rajesh Kumar Singh, Advocate For the Respondent/s :

Mr. Prabhakar Jha, Advocate Mr. Amitabh Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 22-10-2019 Heard learned counsel for the parties.

2. Aggrieved by an order dated 23.12.2013 passed by the disciplinary authority whereby certain punishment was imposed on the petitioner (since deceased), this writ application has been filed.

3. The petitioner was an Officer under Uttar Bihar Gramin Bank, Muzaffarpur. He is said to have died after filing of the writ application.

Patna High Court CWJC No.17551 of 2019 dt.22-10-2019 2/2

4. A substitution petition has been filed as I.A. No.1 of 2019. The legal representatives and heirs of the deceased-petitioner have been described in paragraph-3 of the interlocutory application.

5. Considering the facts and circumstances, I.A. No. 1 of 2019 is hereby allowed. Let the name of petitioner be expunged from the cause title of the writ application and names of legal representatives and the heirs as described in paragraph-3, be substituted in his place, since cause of action still survives.

6. It has been pointed out that the deceased-petitioner had remedy of appeal against the impugned order under the Regulations governing the Officers of the Gramin Bank. The substituted petitioner shall be at liberty to invoke the said remedy in the absence of the deceased-petitioner who had remedy of appeal. It is indicated that if any appeal is preferred within one month from today, the appellate authority shall not raise any question of delay in preferring the appeal and decide the same on merits.

This writ application is, accordingly, disposed of with the aforesaid observation and direction.

(Chakradhari Sharan Singh, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 24/10/2019 Transmission Date N.A.