Pramila Devi v. The Chief Manager, Personal Administration Division And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 19025 of 2015 =========================================================== Pramila Devi W/o late Mahesh Kumar Singh Ex - Head Cashier, Branch OfficeJamui and Resident of Anand Vihar Colony, Block- A, Dabargram, Post officeJasidih, District- Deoghar. .... .... Petitioner/s

Versus

1. The Chief Manager, Personal Administration Division, Head Office, Punjab National Bank, New Delhi.

2. The General Manager-cum-Appellate Authority, Personal Administration Division, Head Office, Punjab National Bank, New Delhi.

3. The Chief Manager-cum-Disciplinary Authority, Circle Office, HRD Section, Punjab National Bank, Biharsharif.

4. The Senior Manager-cum-Enquiry Officer, DCO Office, Punjab National Bank, Munger.

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

For the Petitioner/s : Mr Ajit Kumar, Advocate For the Respondent/s : Mr Suresh Prasad Singh No 1 & Ms Kumari Rashmi, Advocates =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 14-08-2018 Heard learned counsel for the petitioner and the respondent-Bank.

2 Learned counsel for the petitioner submits that the delinquent/petitioner has already passed away during pendency of the writ proceedings and as of today, the wife of the petitioner is the writ petitioner.

3 In view of the aforesaid developments subsequent to filing of the instant proceedings, the petitioner submits that the appellate order would serve the ends of justice inasmuch as the order

Patna High Court CWJC No.19025 of 2015 dt.14-08-2018 2/2 of punishment mandates removal from service with all superannuation benefits such as pension, provident fund and gratuity under the Rules or Regulations prevailing at the relevant time. 4 Since the petitioner is entitled to the superannuation benefits as per the appellate order dated 10.04.2015, he submits that the punishment needs not be looked into any further in the instant case as relief of reinstatement is no longer available in view of the developments subsequent to filing of the writ petition. This position cannot be disputed by the respondent-Bank.

5 In view of the admitted position, this Court is of the opinion that interest of justice would be served if the superannuation benefits, which had been allowed under the appellate order dated 10.04.2015 be made available to the petitioner within a period of six weeks from the date of receipt/production of a copy of this order as per entitlement, from the date of the order.

6 The writ petition is disposed of.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.08.2018 Transmission Date NA