Citation : 2022 Latest Caselaw 4661 Jhar
Judgement Date : 21 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(S) No. 1243 of 2022
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Anupama Jha .... .... Petitioner(s).
Versus
1. Union of India through Secretary, Ministry of Finance,Depart. Of Financial Services., Govt. of India, Central Delhi
2. Under Secretary to Govt. Ministry of Finance, Depart. Of Financial Services, Govt. of India, New Delhi
3. Industrial Development Bank of India Ltd, Mumbai
4. The Chief General Manager, Human Resource Depart. IDBI Bank Ltd, Mumbai
5. Deputy General manager, Human Resource Depart. IDBI Bank Ltd.
Mumbai
6. Deputy General Manager-cum-Regional Head, IDBI Bank, Singhbhum East .... .... Respondent(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Petitioner(s) : Mr. Manoj Tandon, Advocate Ms. Neha Bhardwaj, Advocate For the Respondent(s) : Mr. P.S.A Pati, Advocate
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5/21.11.2022 Preliminary objection has been taken by Mr. P.A.S. Pati, counsel appearing on behalf of the respondent to the effect that IDBI Bank is not a State within the meaning of Article 12 of the Constitution of India.
Similar issue fells for consideration before the Bombay High Court involving IDBI Bank. The Division Bench of Hon'ble High Court of Bombay in the case of All India IDBI Officers Association Vrs. Union of India & Ors. reported in (2022) SCC Online Bom 2693 has held that IDBI is not a State within a meaning of Article 12 of the Constitution, thus the writ application does not lie.
Considering the judgment passed by the Hon'ble Bombay High Court which covers this case also, this writ application is dismissed as not maintainable.
Liberty is granted to the petitioner to approach before the appropriate forum having jurisdiction.
(ANANDA SEN , J) anjali/ C.P 2
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