Anil Kumar Jain v. State Bank Of India And ORS

O-2 WPO No. 890 of 2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE ANIL KUMAR JAIN VS STATE BANK OF INDIA & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date : 4th November, 2024.

Appearance:

Ms. Noelle Banerjee, Adv.

Ms. Sucheta Mitra, Adv.

...for the Petitioner.

Mr. Soumya Roy, Adv.

Mr. Santosh Mahato, Adv.

Mr. Benazir Kazi, Adv.

...for State Bank of India.

Mr. Debabrata Das, Adv.

Mr. Arunabha Sarkar, Adv.

...for Respondent no.4.

The Court:- Affidavit of service filed in Court today is taken on record.

The petitioner is aggrieved by the second show cause notice dated 6th June, 2024 issued by the Assistant General Manager (FMD), State Bank of India. He has already filed his response to the said show cause notice in July, 2024. The bank is yet to pass a final order after considering the reply filed by the petitioner. The points agitated by the petitioner in Court today are all mentioned in the reply to the show cause filed by the petitioner.

I am of the opinion that without deciding the writ petition on merits at this stage, as the issue is already pending considering before the bank, the instant writ petition may be disposed of by directing the competent authority of the bank to dispose of the proceeding after considering the response filed by the petitioner in reply to the show cause dated 6th June, 2024 in accordance with law after giving the petitioner a reasonable opportunity of hearing, at the earliest, but positively within a period of six weeks from the date of communication of this order. A reasoned order shall be passed and communicated to the petitioner immediately thereafter.

It is made clear that this Court has not entered into the merits of the case and all points are left open to be decided by the competent authority at the time of consideration of the reply to the show cause filed by the petitioner.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm