Shubham Kumar v. Punjab And Sind Bank Through Its Chairman

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.124 of 2023 ====================================================== Shubham Kumar S/o Dinesh Kumar Sharma R/o Navrang Hotel, Fraser Road, Phulwari, Patna, Bihar- 800001.

... ... Petitioner

Versus

1.

Punjab and Sind Bank through its Chairman Head Office at GA Department, 2nd Floor, Bank House Building, 21, Rajendra Place, New Delhi. 2.

The Zonal Manager, Punjab and Sind Bank, 14/15, Old Court House Street, Hemant Basu Sarani, Kolkata, West Bengal- 700001. 3.

The Branch Manager, Punjab and Sind Bank, Rajendra Nagar Branch, Patna, Bihar.

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

For the Petitioner/s :

Mr.Puneet Siddhartha, Advocate Mr. Aryan Sinha, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner.

This writ application has been filed seeking the following reliefs:- "(A) A writ in the nature of Certiorari or any other appropriate writ/s, order/s direction/s quashing the following:

(i) The Show Cause notice dated 19.08.2022 (hereinafter also referred to as 'impugned Show Cause dated 19.08.2022') issued by the Respondent Authorities by way of which, written reply was asked from the Petitioner as to why disciplinary action should not be initiated against him for unauthorized absence from duty with effect from 01.04.2022 to till date.

Patna High Court CWJC No.124 of 2023(3) dt.21-02-2023 2/3 (ii) Charge Sheet dated 15.09.2022 (hereinafter referred to as "impugned Charge Sheet dated 15.09.2022') issued in connection to Show Cause notice dated 19.08.2022.

(iii) Letter dated 10.10.2022 (hereinafter referred to as impugned Letter dated 10.10.2022) by way of which the Respondent Authorities has initiated Departmental Inquiry Authority against the Petitioner.

(B) A writ in the nature of mandamus or any other appropriate writ/s, order/s direction/s for the following reliefs:

(i) To direct the Respondent Authorities to make payment of arrear of increment of Rs. 1740/- along with DA and other components of salary from August 2021 to January 2022.

(ii) To direct the Respondent Authorities to make payment of medical aid for year 20222023. (iii) To direct the Respondent Authorities to consider the transfer of the Petitioner in light of the Provisions laid down under the Mental Healthcare Act, 2017 and Rights of Persons with Disabilities Act, 2016.

(C) To any other relief/s to which the petitioner is found entitled to as Your Lordship may deem fit and proper in the circumstances of the case."

Learned counsel for the petitioner submits that the petitioner is participating in disciplinary proceeding and at this stage, the disciplinary authority has not passed any order.

Patna High Court CWJC No.124 of 2023(3) dt.21-02-2023 3/3 In the aforesaid view of the matter, this writ application is being disposed of with liberty to the petitioner that in case the disciplinary authority passes any order and the petitioner gets aggrieved by that he will have an occasion to contest the same in appropriate proceeding.

This writ application is disposed of accordingly. (Rajeev Ranjan Prasad, J) tusharika/Rajeev U