Patna High Court
Mukesh Kumar vs The Bank Of India Through Its ... on 11 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14654 of 2016
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Mukesh Kumar son of Shri Suresh Kumar resident of Village Dhepura, Post-
Keoti Ranway, P.S.- Bisfi, District- Madhubani.
... ... Petitioner/s
Versus
1. The Bank Of India Through Its General Manager, Human Resource and Ors
2. CHief General Manager, Personnel Department Industrial Relation, Bank of
India, Head Office, Mumba
3. The Zonal Manager, Bank of India, Bhopal Zonal Office, Bhopal.
4. Assistant General Manager, Bank of India, Zonal Office, Industrial Relations
Department, Bhopal.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhinav Srivastava, Advocate
For the Respondent-Bank : Mr. Shivendra Kishore, Sr. Advocate
: Mr. Nishi Nath Ojha, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 11-05-2022
Heard learned counsel for the respective parties.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"(i) Issuance of a direction, order or
writ, including writ in the nature of
certiorari quashing the order dated
21.03.2016 (Annexure-15) passed by the
General Manager (Humand Resource) of the
Bank of India (hereinafter referred to as "the
Bank"), by which the review petition filed by
the petitioner against the penalty order
dated 25.06.2015 (Annexure-11) issue by the
Assistant General manager & Disciplinary
Patna High Court CWJC No.14654 of 2016 dt.11-05-2022
under the Zonal Office of the Bank at
Bhopal, by which the major penalty of
"dismissal which shall ordinarily be a
disqualification for future employment" in
terms of Regulation 4(j) of the Bank of India
Officer Employees' (Discipline & Appeal)
Regulations, 1976 has been inflicted upon
the petitioner;
(ii) Issuance of a direction, order or
writ, including writ in the nature of
certiorari quashing the appellate order
dated 16.10.2015 (Annexure-13) passed by
the Deputy General Manager & Appellate
Authority at the Zonal Office of the Bank at
Bhopal, by which the appeal preferred by the
petitioner against the order of punishment as
contained in the aforesaid penalty order
dated 25.06.2015 (Annexure-11) has been
rejected by the said Appellate Authority;
(iii) Issuance of a direction, order or
writ, including writ in the nature of
certiorari quashing the penalty order dated
25.06.2015 (Annexure-11) bearing Reference
No. ZOB/IR/301/432 passed by the Assistant
General Manager & Disciplinary Authority
of the Bank at its Zonal Office in Bhopal, by
which the major penalty of "dismissal which
shall ordinarily by a disqualification for
future employment" under Regulation 4(j) of
the Bank of India Officer Employees'
Patna High Court CWJC No.14654 of 2016 dt.11-05-2022
(Discipline & Appeal) Regulations, 1976 has
been inflicted upon the petitioner;
(iv) Issuance of a direction, order or
writ, including writ in the nature of
mandamus commanding the concerned
respondent authorities in the Bank to take
steps towards reinstating the petitioner in the
services of the Bank along with all the
consequential benefits, including, payment
of salary for the period during which the
petitioner has illegally prevented from
discharging his duties as an Officer under
the Bank on account of his unlawful
dismissal, seniority, promotion and such
other benefits that he may be found to be
entitled to in accordance with law;
(v) Any other relief/reliefs that the
petitioner may be found to be entitled to in
the facts and circumstances of the present
case."
Prima facie the present petition is not maintainable
on the ground of territorial jurisdiction with reference to Article
226 (2) of the Constitution. In identical matter, this Court has
taken note of Article 226 (2) of the Constitution read with the
opposite parties status read with relief sought therein in the case
of CWJC No. 11139 of 2018 decided on 27.04.2022.
In the light of these facts and circumstances, the
Patna High Court CWJC No.14654 of 2016 dt.11-05-2022
present petition stands disposed of as not maintainable on the
ground of territorial jurisdiction. The petitioner is at liberty to
approach the appropriate forum within a period of three months.
If such petition is presented before the appropriate
forum/territorial jurisdictional forum, in that event, the
jurisdictional Court is hereby requested to take note of Section
14 of the Limitation Act for condonation of delay in filing
application/petition, if any.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.05.2022
Transmission Date NA
