Sunit Kumar Agarwal v. The Chief Manager - Recovery Department,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Sunit Kumar Agarwal ...
Petitioner Vs 1.The Chief Manager - Recovery Department (Sri. S. Ravi - Now VRS Optee) Through Circle Head, Punjab National Bank Circle Office, PNB TOWER, 2nd and 3rd Floor 46 - 49 Royapettah High Road, Chennai 600014.
2.The Circle Head Punjab National Bank, Circle Office PNB TOWER, 2nd Floor, 46 - 49 Royapettah High Road Royapettah. Chennai - 600 014.
3.The Managing Director and CEO Punjab National Bank Corporate Office Plot No. 4 Sector 10 Dwarka New Delhi - 110 075.
4.The General Manager - HRDD Human Resources Development Division (HRD ivision) Punjab National Bank Corporate Office Plot No.4 Sector 10 Dwarka New Delhi - 110 075.
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5.The General Manager - LAW Law Division, Punjab National Bank Corporate Office Plot No. 4 Sector 10 Dwarka New Delhi - 110 075 ...
Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus calling for the records of the Respondents pertaining to the proceedings initiated to quash the decision dated 07.08.2020 being in nullity, illegal, patently erroneous and unlawful, respondents to compensate the petitioner for mental agony, harassment, malicious intention, loss to the reputation, defamation, intentional insult, injury caused/inflicted and sufferings made to award the cost of the writ to the petitioner. For the Petitioner :
Mr.Sunit Kumar Agarwal Petitioner-in-person For the Respondents :
Mr.M.Aravind Subramaniam, Senior Counsel for the first respondent
O R D E R
The writ petition has been filed in the nature of certiorari calling for the records of the respondents and, and to quash the decision dated 07.08.2020.
2. The petitioner herein appeared as party in person before this Court.
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3. In the affidavit filed, he had stated that he had joined banking services in Punjab National Bank as Scale-I Officer (Law Officer) in April 1985 and served at various branches. He had also appeared as an Advocate on behalf of the Punjab National Bank and and had conducted proceedings before the District Courts, Debt Recovery Tribunal, High Courts and Consumer Courts. Certificates relating to the same has been annexed as documents to the writ petition.
4. He also stated that a show cause notice was issued to him claiming that he had acted against the intents of the bank in W.P.No. 77 of 2018 before this Court. However, it is the contention of the petitioner that though it was so stated in the show cause notice, he was not given proper opportunity and the show cause notice was never sent to him. Thereafter, he received a communication dated 07.08.2020 wherein it was stated that as panel counsel he should not have appeared against the Bank, and since he had so appeared, he had been removed from the panel of advocates. He was directed to return the case bundles handed to him along with a no objection certificate for change of vakalat.
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5. Questioning this particular order, the writ petition has been filed.
6. The Learned Senior counsel for the respondent is also present.
7. The writ petition is pending from the year 2021.
8. It is a fact that the petitioner had joined services in Punjab National Bank. It is a fact that he was also give an opportunity to appear as an Advocate on behalf of Punjab National Bank. It is a fact that W.P.No. 77 of 2018 came to be filed before this Court. The issue whether petitioner had acted adverse to the interests of the Punjab National Bank in that particular case or not, is a question on fact. Before taking a decision that he had acted adverse to the interests of the Bank, the respondents should have issued notice to him, should have called for his explanation, should have confronted him with the case records and thereafter should have come to a reasoned conclusion that he had actually acted adverse to the interests of the Bank.
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9. A perusal of the records show that none of the aforesaid steps have been taken.
10. The petitioner was emphatic in submissions that his opinion was never sought and that opportunity was not given to him.
11. I would therefore set aside the order dated 07.08.2020 and leave it open to the respondents to proceed in manner known to law if at all they are of the opinion that the cause still survives.
12. The writ petition stands disposed of. No costs. Consequently, WMP No.3615 of 2021 is closed.
15.02.2023 Index: Yes/no mrn 5/7
To 1.The Chief Manager - Recovery Department (Sri. S. Ravi - Now VRS Optee) Through Circle Head, Punjab National Bank Circle Office, PNB TOWER, 2nd and 3rd Floor 46 - 49 Royapettah High Road, Chennai 600014.
2.The Circle Head Punjab National Bank, Circle Office PNB TOWER, 2nd Floor, 46 - 49 Royapettah High Road Royapettah. Chennai - 600 014.
3.The Managing Director and CEO Punjab National Bank Corporate Office Plot No. 4 Sector 10 Dwarka New Delhi - 110 075.
4.The General Manager - HRDD Human Resources Development Division (HRD ivision) Punjab National Bank Corporate Office Plot No.4 Sector 10 Dwarka New Delhi - 110 075.
5.The General Manager - LAW Law Division, Punjab National Bank Corporate Office Plot No. 4 Sector 10 Dwarka New Delhi - 110 075 6/7
C.V.KARTHIKEYAN, J.
(mrn) 15.02.2023 7/7