Calcutta High CourtWPA/8036/2022dismissed as withdrawn

Dipak Das And ORS v. Union Of India And ORS.

2022-07-20Hon'Ble Justice Arindam Mukherjee2 pages

20.07.2022 IN THE HIGH COURT AT CALCUTTA DL-6 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 8036 of 2022 Dipak Das & Ors.

Vs.

Union of India & Ors.

Mr. Pintu Karar, Mr. Sandipan Das, Mr. Akashdeep Mukherjee, Ms. Priyanka Paul ....for the petitioners.

Mr. Ravi Ranjan Kumar ....for the respondent nos.1 & 2.

Ms. Parna Roy Choudhury ....for the respondent nos.5 to 8.

The petitioners are directed to put in deficit court fees by 27th July, 2022, failing which the writ petition will be considered to have been filed only by the petitioner no.1.

The petitioners claim that they were Mini Deposit Collectors (in short MDC) in United Bank of India (in short UBI). After the merger of UBI with Punjab National Bank (in short PNB), UBI is now known as PNB. The petitioners say that after the merger a circular bearing no.14 of 2020 dated 30th March, 2020 was published by PNB in respect of Mini Deposit Scheme termed as consolidated guidelines. The said scheme is annexed at page 53 of the writ petition.

It appears from Annexure-I to the said scheme that PNB was to provide an option to all MDCs to opt for new ICT based scheme and that the same will be made applicable only to those MDCs who opt for the same. The petitioners allege that they were never given any option and at the same time they are not permitted to operate as MDCs or under any modified scheme. The petitioners in their prayer have challenged the validity of a circular bearing no.03/2022 dated 6th January, 2022, being Annexure-'P-4', but Annexure-'P-4' is the circular bearing no.14/2020 dated 30th March, 2020. The circular no.14/2020 dated 30th March, 2020 was passed in supersession of a previous circular bearing no.09/19 dated 6th February, 2019.

It is apparent that the number and the date of circular, which has been challenged, is incorrect. There are other mistakes in the writ petition. All these mistakes cannot be corrected even if a supplementary affidavit is permitted to file. The writ petition, therefor, is dismissed as withdrawn with liberty to file afresh on the self-same grounds, if permissible in law.

(Arindam Mukherjee, J.)