Arpit Bathma vs Madhya Pradesh Gramin Bank.
2023 Latest Caselaw 10702 MP

                                                           1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 12 th OF JULY, 2023
                                             WRIT PETITION No. 15689 of 2023

                           BETWEEN:-
                           ARPIT BATHMA S/O SHRI ASHOK BATHMA, AGED
                           ABOUT 35 YEARS, OCCUPATION: SERVICE OFFICER
                           CADRE II IN MADHYA PRADESH GRAMIN BANK NOW
                           SUSPENDED 24 SAINATH COLONY BLOCK B BARWANI
                           DISTRICT BARWANI (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI VISHAL SHRIVASTAVA, LEARNED COUNSEL)

                           AND
                           1.    MADHYA PRADESH GRAMIN BANK. THROUGH
                                 ITS CHAIRMAN APPELLATE AUTHOIRTY 204 C 21
                                 BUSINESS PARK RING ROAD, RADISSON SQUARE
                                 INDORE (MADHYA PRADESH)

                           2.    GENERAL     MANAGER      COMPETENT     /
                                 DISCIPLINARY AUTHORITY MADHYA PRADESH
                                 GRAMIN BANK 204 C 21 BUSINESS PARK RING
                                 ROAD, RADISSON SQUARE INDORE (MADHYA
                                 PRADESH)

                           3.    BHARAT K GOLAIT PRESENTING OFFICER
                                 MADHYA PRADESH GRAMIN BANK BRANCH
                                 RAISEN MARKET RAISEN BHOPAL REGION
                                 DISTT. BHOPAL (MADHYA PRADESH)

                           4.    AJAY VYAS ENQUIRY OFFICER MADHYA
                                 PRADESH GRAMIN BANK BRANCH BARLAI
                                 UJJAIN   REGION DISTT.UJJAIN (MADHYA
                                 PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI KAMLESH MANDLOI, LEARNED COUNSEL ON ADVANCE
                           NOTICE)

                                 This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 12-07-2023
18:03:03
                                                               2
                           following:
                                                               ORDER

In the instant petition, a challenge has been made to the order of suspension dated 16.12.2021 and also order dated 01.07.2023 whereby the appeal against the order of suspension has been dismissed on the ground of being time barred.

2. Counsel for the petitioner places reliance on Vigilance Manual adopted by the respondent-Bank according to which the order of suspension has to be reviewed before expiry of 90 days from the effective date of suspension as per Clause-B of 13.7 of Bank Regulations. Clause-D provides that the extension of suspension shall not be for a period exceeding 180 days at

a time.

3. Counsel for the respondents on instructions submits that there is no illegality in the order of suspension and dismissal of appeal because there is no provision under the Bank Regulation for condonation of delay and the provisions of Section 5 of Limitation Act has not been made applicable to the provisions of appeal. He further submits that para-materia regulations existing for the State of Chhatisgarh has been considered by High Court of Chhatisgarh in the case of Anup Kumar Mishra vs. Chhatisgarh Rajya Gramin Bank 2021 SCC OnLine Chh 2998 wherein it is held that the provisions of Section 5 of Limitation Act is not applicable to the appeal filed under Bank Regulations.

4. On instructions, he further submits that the order of suspension has been reviewed as per the Manual time to time and has been extended up to 30.08.2023. He produced copy of the internal note-sheets of the Bank. He further submits that the petitioner is not cooperating in the pending departmental inquiry and, therefore, his suspension is discontinuing. In case if the petitioner Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 12-07-2023 18:03:03

cooperates in the pending departmental inquiry, the respondent shall conclude the said departmental inquiry expeditiously within a period of two months from the date of receipt of the order passed by this Court.

5. After hearing learned counsel for the parties and taking into consideration the judgment passed by Chhatisgarh High Court in the case of Anup Kumar Mishra (supra) where the para-materia provisions of Bank Regulations have been considered and it has been held that there is no provision for condonation of delay in appeal, I do not find any illegality in the order dated 01.07.2023 passed by the Bank dismissing the appeal. The order of suspension is passed on serious allegations in accordance with the provisions of the Bank Regulation and further the same has been reviewed time to time as per the Clause 13.7 of the Bank Regulations. Further the order of suspension has been reviewed as per Clause 13.7 of the Manual time to time and has been extended up to 30.08.2023. The order of suspension also cannot be held to be illegal. At this juncture, counsel for the petitioner submits that the petitioner shall cooperate with the inquiry and will not seek unnecessary adjournment in the said inquiry.

6. Considering the aforesaid statement, the present petition is dismissed with an observation that the petitioner shall cooperate with the enquiry and the respondents shall make all endeavour to conclude the departmental inquiry

expeditiously as far as possible within a period of two months from today.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 12-07-2023 18:03:03