Olga Maurya v. Punjab National Bank And ORS

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8257/2019, CM No. 34256/2019 OLGA MAURYA ..... Petitioner Through:

Ms. Swati Singh, Mr. Vidur Dwivedi and Mr. Suresh Tiwari, Advs.

versus PUNJAB NATIONAL BANK AND ORS ..... Respondents Through:

Mr. Rajesh Gautam and Mr. Sorabh Dahiya, Advs. for R1 to R3

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 31.07.2019 CM No. 34256/2019 (for exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 8257/2019 The present petition has been filed by the petitioner with the following prayers:

"In the above premises, it is most respectfully prayed that this Hon'ble Court may be pleased to:

(i) Issue a Writ of "certiorari" setting aside/quashing the illegal stand taken by the respondents no. 1-3 in total violation of service regulations and as conveyed to the petitioner vide letter dated 12/02/2019, that as no arrest

warrant from the police authorities had been received therefore, no action was required to be at the stage from them with respect to the complaint regarding sheet having been issued against respondent no. 4 in a criminal case. (ii) Issue a Writ of Mandamus/Direction/ Orders to the respondent no. 1- 3 to exercise their powers as per the rules and to take action against respondents no. 4 in accordance with law and in terms of the Punjab National Bank Officer Employees'

(Discipline and appeal) Regulations 1977 including clause 12(1) (B).

(iii) Issue a writ of "Mandamus" directing the respondents no. 1 to 3 to immediately take appropriate action against the respondent no. 4 in accordance with the provisions of clause 12(l)(b) of their regulations pending enquiry/investigation.

(iv) Grant any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case. (v) Grant cost of this petition in favour of the petitioner and against the respondents."

Mr. Rajesh Gautam, learned counsel appearing for the respondent Nos.1 to 3 states that the reliefs as prayed for cannot be granted as the respondent No.4 has taken voluntary retirement on May 10, 2019 and on being relieved she ceases to be an employee of the Punjab National Bank. The said statement is taken on record.

In view of the statement made, learned counsel for the petitioner states, nothing further survives in the writ petition, and she wishes to

withdraw the writ petition. The writ petition is dismissed as withdrawn. It is made clear that this Court has not expressed itself on the merit of the controversy.

V. KAMESWAR RAO, J JULY 31, 2019/aky