Patna High Court
Rajendra Prasad Sah vs The Union Of India on 4 April, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.227 of 2021
In
Civil Writ Jurisdiction Case No.24354 of 2019
======================================================
Ram Vilas Ram Son of Late Dhora Ram, Resident of Village - Sahila Rampur,
P.S. - Hathauri, Muzaffarpur, District - Muzaffarpur, 842001 (Bihar).
... ... Appellant/s
Versus
The Chairman, Uttar Bihar Gramin Bank Having its head office at Kalambagh
Chowk, Muzaffarpur - 842001.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13428 of 2019
======================================================
Ashok Kumar Singh S/o Late Parmeshwar Singh Resident of Sri Krishna
Niwas, Bandhan Tola Arrah, Ara, P.S.- Nawada (Ara), Dist- Bhojpur, Bihar-
802301.
... ... Petitioner/s
Versus
1. Union of India through its Secretary, Ministry of Finance, Department of
Financial Service, RRB Section, Banking Division, Jeevan Deep Building,
3rd Floor, Parliament Street, New Delhi- 110001.
2. National Bank for Agriculture and Rural Development (NABARD) through
its Chief General Manager having its Head Office At- Plot C- 24, G Block,
Bandra Kurla Comlex, BKC Road, Bandra East, Mumbai, Maharashtra
400051.
3. Punjab National Bank (PNB) through its CMD having its Head Office at
Plot No.- 4, Sector 10, Dwarka New Delhi- 110075.
4. Dakshin Bihar Gramin Bank through its Chairman having its office at Shri
Vishnu Commercial Complex, NH- 30 New Bypass Near BP Highway
Services Petrol Pump, Asochak, Patna- 800016.
5. Board of Directors Dakshin Bihar Gramin Bank through its Chairman
having its office at Shri Vishnu Commercial Complex, NH- 30 New Bypass
Near BP Highway Services Petrol Pump, Asochak, Patna- 800016.
6. The Chairman, Dakshin Bihar Gramin Bank (DBGB) having its office at
Shri Vishnu Commercial Complex, NH- 30 New Bypass Near BP Highway
Services Petrol Pump, Asochak, Patna- 800016.
7. The General Manager (HRD/Pension) Dakshin Bihar Gramin Bank having
its office at- Shri Vishnu Commercial Complex, NH- 30 New Bypass Near
BP Highway Services Petrol Pump, Asochak, Patna- 800016.
8. Chief Manager Pension Cell Dakshin Bihar Gramin Bank having its office at
Shri Vishnu Commercial Complex, NH- 30 New Bypass Near BP Highway
Services Petrol Pump, Asochak, Patna- 800016.
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
2/19
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13429 of 2019
======================================================
Braj Bhushan Singh @ Brijbhushan Singh S/o Late Ramji Singh, Resident of
New Diliyan, P.S.- Dehri, Dist.- Rohtas, Bihar- 821307.
... ... Petitioner/s
Versus
1. Union of India Through its secretary Ministry of Finance, Department of
FINANCIAL SERVICE, RRB SECTION, BANKING DIVISION, Jeevan
Deep Building, 3rd Floor, Parliament Stree, New Delhi- 110001.
2. National Bank for Agriculture and Rural Development (NABARD) Through
its CHIEF GENERAL MANAGER HAVING ITS HEAD OFFICE AT -Plot
C- 24, G Block, Bandra Kurla Complex, BKC Road, Bandra East, Mumbai,
Maharashtra 400051.
3. Punjab National Bank (PNB) Through its CMD HAVING ITS HEAD
OFFICE AT PLOT NO.- 14, SECTOR 10, DWARKA NEW DELHI-
110075.
4. Dakshin Bihar Gramin Bank Through its Chairman having its office at Shri
Vishnu Commercial Complex, NH- 30 New Bypass near BP Highway
Services Petrol Pump, Asochak, Patna- 800016.
5. Board of Directors Dakshin Bihar Gramin Bank Through its Chairman
having its office at Shri Vishnu commercial Complex, NH- 30 New Bypass
Near BP Highway Services Petrol Pump, Asochak, Patna- 800016.
6. The Chairman Dakshin Bihar Gramin Bank (DBGB) having its office At-
Shri Vishnu Commercial Complex, NH- 30 new Bypass near BP Highway
Services Petorl Pump, Asochak, Patna- 800016.
7. The General Manager (HRD/Pension) Kakshin Bihar Gramin Bank having
its office At- Shri Vishnu Commercial Complex, NH- 30 New Bypass Near
BP Highway Services Petrol Pump, Asochak, Patna.- 800016.
8. Chief Manager Pension Cell Dakshin Bihar Gramin Bank having its office
At- Shri Vishnu Commercial Complex, NH- 30 New Bypass Near BP
Highway Services Petrol Pump, Asochak, Patna.- 800016.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13870 of 2019
======================================================
Shyam Bihari Singh, S/o Late Suraj Nath Singh, Resident of Ward No.- 42,
Bank Colony, Vishnu Nagar Arrah, Bhojpur, Anaith, Bihar P.S.- Nawada
(Ara), Dist- Bhojpur, Bihar- 802301.
... ... Petitioner/s
Versus
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
3/19
1. Union of India through its Secretary Ministry of Finance, Department of
Financial Service, RRB SECTION, BANKING DIVISION, Jeevan Deep
Building, 3rd Floor, Parliament Street, New Delhi- 110001.
2. National Bank for Agriculture and Rural Development (NABARD) through
its CHIEF GENERAL MANAGER HAVING ITS HEAD OFFICE AT- Plot
C- 24, G Block, Bandra Kurla Complex, BKC Road, Bandra East, Mumbai,
Maharashtra 400051.
3. Punjab National Bank (PNB) through its CMD HAVING ITS HEAD
OFFICE AT PLOT NO.- 4, SECTOR 10, DWARKA NEW DELHI- 110075.
4. DAKSHIN BIHAR GRAMIN BANK THROUGH ITS CHAIRMAN
HAVING ITS OFFICE AT SHRI VISHNU COMMERCIAL COMPLEX,
NH- 30 NEW BYPASS NEAR BP HIGHWAY SERVICES PETROL PUMP,
ASOCHAK, PATNA- 800016
5. BOARD OF DIRECTORS DAKSHIN BIHAR GRAMIN BANK
THROUGH ITS CHAIRMAN HAVING ITS OFFICE AT SHRI VISHNU
COMMERCIAL COMPLEX, NH- 30 NEW BYPASS NEAR BP
HIGHWAY SERVICES PETROL PUMP, ASOCHAK, PATNA- 800016.
6. The Chairman DAKSHIN BIHAR GRAMIN BANK (DBGB) having its
office At- SHRI VISHNU COMMERCIAL COMPLEX, NH- 30 NEW
BYPASS NEAR BP HIGHWAY SERVICES PETROL PUMP, ASOCHAK,
PATNA- 800016
7. The General Manager (HRD/Pension) Dakshin Bihar Gramin Bank having
its office AT- SHRI VISHNU COMMERCIAL COMPLEX, NH- 30 NEW
BYPASS NEAR BP HIGHWAY SERVICES PETROL PUMP, ASOCHAK,
PATNA- 800016
8. Chief Manager Pension Cell Dakshin Bihar Gramin Bank having its office
AT SHRI VISHNU COMMERCIAL COMPLEX, NH- 30 NEW BYPASS
NEAR BP HIGHWAY SERVICES PETROL PUMP, ASOCHAK, PATNA-
800016.
9. Senior Manager HRDD Dakshin Bihar Gramin Bank having its office AT
SHRI VISHNU COMMERCIAL COMPLEX, NH- 30 NEW BYPASS
NEAR BP HIGHWAY SERVICES PETROL PUMP, ASOCHAK, PATNA-
800016.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13888 of 2019
======================================================
Chandra Bhushan Singh Son of late Bindeshwari Prasad Sinha, Resident of
809A/1051/37, Satsang Marg, Near Dr. B. Bhattacharya, Patel Nager, Patna,
L. B.S. Nagar Patna, P.S. Shastri Nagar, Distt. Patna, Bihar- 821115
... ... Petitioner/s
Versus
1. Union of India through its Secretary Ministry of Finance Department of
Financial Service, RRB, Section, Banking Division, Jeevan Deep Building,
3rdn Floor, Parliament Street, New Delhi- 110001
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
4/19
2. Natioonal Bank for Agriculture and Rural Development (NABARD) through
its Chief General Manager Having its Head Office, At- Plot C- 24, G Block,
Bandra Kurla Complex, BKC Road, Bandra East, Mumbai Maharashtra
400051
3. Punjab National Bank(PNB) through its CMD Having its Head office at Plot
No. 4, Sector 10, Dwarka New Delhi- 110075
4. Dakshin Bihar Gramin Bank through its Chairman Having its Office at Shrif
Vishnu Commercial Complex, NH- 30 New Bypass Near BP Highway
Services Petrol Pump, Asochak, Patna- 800016
5. Board of Directors Dakshin Bihar Gramin Bank, through its Chairman
Having its Office at Shri Vishu Commercial Complexd, NH-30 New Bypass
Near BP Highway Services Petrol Pump, Asochak, Patna- 800016
6. The Chairman Dakshin Bihar Gramin Bank, (DBGB) having its Office at
Shri Vishu Commercial Complexd, NH-30 New Bypass Near BP Highway
Services Petrol Pump, Asochak, Patna- 800016
7. The General Manager(HRD/Pension) Dakshin Bihar Gramin Bank having
its Office at Shri Vishu Commercial Complexd, NH-30 New Bypass Near
BP Highway Services Petrol Pump, Asochak, Patna- 800016
8. Chief Manager Pension Cell Dakshin Bihar Gramin Bank having its Office
at Shri Vishu Commercial Complexd, NH-30 New Bypass Near BP
Highway Services Petrol Pump, Asochak, Patna- 800016
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13933 of 2019
======================================================
Urmila Devi W/o Late Umesh Kumar Ojha Resident of Purab Tola Munshi
Gharana Nimej, Buxar, Nimej, PS- Brahmpur, Dist- Buxar, Bihar- 802130.
... ... Petitioner/s
Versus
1. Union of India through its Secretary, Ministry of Finance, Department of
Financial Service, RRB Section, Banking Division, Jeevan Deep Building,
3rd Floor, Parliament Street, New Delhi
2. National Bank for Agriculture and Rural Development (NABARD) through
its Chief General Manager having its Head Office At- Plot C-24, G. Block,
Bandra Kurla Complex, BKC Road, bandra East, Mumbai, Maharashtra-
400051
3. Punjab National Bank (PNB) through its CMD having its Head Office at
Plot No. 4, Sector 10, Dwarka New Delhi-110075
4. Dakshin Bihar Gramin Bank through its Chairman having its office at Sri
Vishnu Commercial Complex, NH-30, New Bypass Near BP Highway
Service Petrol Pump, Asochak, Patna-800016
5. Board of Directors Dakshin Bihar Gramin Bank through its Chairman
having its office at Sri Vishnu Commercial Complex, NH-30, New Bypass
Near BP Highway Service Petrol Pump, Asochak, Patna-800016
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
5/19
6. The Chairman Dakshin Bihar Gramin Bank (DBGB) having its office at Sri
Vishnu Commercial Complex, NH-30, New Bypass Near BP Highway
Service Petrol Pump, Asochak, Patna-800016
7. The General Manager (HRD/Pension) Dakshin Bihar Gramin Bank (DBGB)
having its office at Sri Vishnu Commercial Complex, NH-30, New Bypass
Near BP Highway Service Petrol Pump, Asochak, Patna-800016
8. Chief Manager Pension Cell Dakshin Bihar Gramin Bank (DBGB) having
its office at Sri Vishnu Commercial Complex, NH-30, New Bypass Near BP
Highway Service Petrol Pump, Asochak, Patna-800016
9. Senior Manager HRDD Dakshin Bihar Gramin Bank (DBGB) having its
office at Sri Vishnu Commercial Complex, NH-30, New Bypass Near BP
Highway Service Petrol Pump, Asochak, Patna-800016
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14730 of 2019
======================================================
Anil Kumar Pandey S/o Late Sukhdeo Pandey, Resident of
Awaleshpur,Pancham Katra Ke pas,
Varanashi,Akhileshpur,Kandawa,Varanasi,Uttar Pradesh,P.s.
Rolhania,Dist.Varanashi,UP 821115
... ... Petitioner/s
Versus
1. Union of India through its Secretary Ministry of Finance, Department of
Financial Service,RRB Section, Banking Division, Jeevan Deep Building,
3rd Floor, Parliament Street,New Delhi-110001.
2. National Bank for Agriculture and Rural Development(Nabard) through its
Chief General Manager Having its Head Office At-Plot C-24, G. Block,
Bandra Kurla Complex,BKC Road, Bandra East,Mumbai,Maharashtra-
400051
3. Punjab National Bank (PNB) through its CMD Having its Head Office At
Plot No.4, Sector 10, Dwarka New Delhi-110075
4. Dakshin Bihar Gramin Bank Through its Chairman Having its Office at Shri
Vishnu Commercial Complex, NH-30 News Bypass Near BP Highway
Services Petrol Pump,Asochak,Patna-800016
5. Board of Directors Dakshin Bihar Gramin Bank Through its Chairman
Having its Office at Shri Vishnu Commercial Complex, NH-30 New Bypass
Near BP Highway Services Petrol Pump,Asochak,Patna-800016
6. The Chairman Dakshin Bihar Gramin Bank (DBGB) Having its Office at
Shri Vishnu Commercial Complex, NH-30 New Bypass Near BP Highway
Services Petrol Pump,Asochak,Patna-800016
7. The General Manager (HRD/Pension) Dakshin Bihar Gramin Bank Having
its Office at Shri Vishnu Commercial Complex, NH-30 New Bypass Near
BP Highway Services Petrol Pump,Asochak,Patna-800016
8. Chief Manager Pension Cell Dakshin Bihar Gramin Bank Having its Office
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
6/19
at Shri Vishnu Commercial Complex, NH-30 New Bypass Near BP
Highway Services Petrol Pump,Asochak,Patna-800016
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 11977 of 2021
======================================================
Sheo Ram Sharma @ Shiv Ram Sharma Son of Sone Lal Sharma Ward no.
10, resident of Village- Madhaipur, Kundal, Samastipur, Kundal, Bihar, P.O.-
Kundal, P.S.- Hasanpur, District- Samastipur, Pin- 848206, State- Bihar.
... ... Petitioner/s
Versus
1. The Union of India, through its Secretary Ministry of Finance, Department
of Financial Services, RRB Section, Banking Division, Jeevan Deep
Building, 3rd Floor, Parliament Street, New Delhi- 110001.
2. National Bank For Agriculture and Rural Development (NABARD)
Through its Chief General Manager, having its Head Office at- Plot No. C-
24, G- Block, Bandra Kurla Complex, BKC Road, Bandra East, Mumbai,
Maharashtra, Pin code- 400051.
3. Punjab National Bank (PNB) Through its Chief Managing Director, having
its Head Office at Plot No. 4, Sector- 10, Dwarka, New Delhi- 110075.
4. Dakshin Bihar Gramin Bank Through its Chairman, having its Office at Shri
Vishnu Commercial Complex, NH-30, New Bypass, Near B.P. Highway
Services Petrol Pump, Ashochak, Patna- 800016 (Bihar).
5. Board of Directors, Dakshin Bihar Gramin Bank Through its Chairman,
having its Office at Shri Vishnu Commercial Complex, NH-30, New Bypass,
Near B.P. Highway Services Petrol Pump, Ashochak, Patna- 800016 (Bihar).
6. The Chairman, Dakshin Bihar Gramin Bank Having its Office at Shri
Vishnu Commercial Complex, NH-30, New Bypass, Near B.P. Highway
Services Petrol Pump, Ashochak, Patna- 800016 (Bihar).
7. The General Manager (HRD/PENSION) Dakshin Bihar Gramin Bank,
having its Office at Shri Vishnu Commercial Complex, NH-30, New Bypass,
Near B.P. Highway Services Petrol Pump, Ashochak, Patna- 800016 (Bihar).
8. The Chief Manager, Pension Cell Dakshin Bihar Gramin Bank, having its
Office at Shri Vishnu Commercial Complex, NH-30, New Bypass, Near B.P.
Highway Services Petrol Pump, Ashochak, Patna- 800016 (Bihar).
9. The Senior Manager, HRDD Dakshin Bihar Gramin Bank, having its Office
at Shri Vishnu Commercial Complex, NH-30, New Bypass, Near B.P.
Highway Services Petrol Pump, Ashochak, Patna- 800016 (Bihar).
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 20375 of 2021
======================================================
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
7/19
Rajendra Prasad Sah, Son of Late Mukund Sah, Resident of Mohalla-
Professor Colony, Rambag, Road No. 2, Purnea, P.S.-Sadar, Purnea, District-
Purnea, 854301 (Bihar).
... ... Petitioner/s
Versus
1. The Union of India through its Secretary, Ministry of Finance, Department
of Financial Services, RRB Section, Banking Division, Jeevan Deep
Building, 3rd Floor, Parliament Street, New Delhi-110001.
2. National Bank for Agriculture and Rural Development (NABARD) through
its Chief General Manager having its Head Office at Plot No. C-24, G-
Block, Bandra Kurla Complex, BKC Road, Bandra East, Mumbai,
Maharashtra, Pin Code-400051.
3. Punjab National Bank (PNB) through its Chief Managing Director having its
Head Office at Plot No. 4, Sector-10, Dwarka, New Delhi-110075.
4. Dakshin Bihar Gramin Bank through its Chairman having its office at Shri
Vishnu Commercial Complex, NH-30, New Bypass, near B.P. Highway
Services Petrol Pump, Ashochak, Patna-800016 (Bihar).
5. Board of Directors, Dakshin Bihar Gramin Bank through its Chairman
having its office at Shri Vishnu Commercial Complex, NH-30, New Bypass,
near B.P. Highway Services Petrol Pump, Ashochak, Patna-800016 (Bihar).
6. The Chairman, Dakshin Bihar Gramin Bank having its office at Shri Vishnu
Commercial Complex, NH-30, New Bypass, near B.P. Highway Services
Petrol Pump, Ashochak, Patna-800016 (Bihar).
7. The General Manager (HRD/PENSION), Dakshin Bihar Gramin Bank
having its office at Shri Vishnu Commercial Complex, NH-30, New Bypass,
near B.P. Highway Services Petrol Pump, Ashochak, Patna-800016 (Bihar).
8. The Chief Manager, Pension Cell, Dakshin Bihar Gramin Bank having its
office at Shri Vishnu Commercial Complex, NH-30, New Bypass, near B.P.
Highway Services Petrol Pump, Ashochak, Patna-800016 (Bihar).
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 227 of 2021)
For the Appellant/s : Mr. Harendra Singh, Advocate
Mr.Jai Prakash Singh, Advocate
For the Respondent/s : Mr.Prabhakar Jha, Advocate
Mr. Mukund Mohan Jha, Advocate
Mr. Amitesh Jha, Advocate
(In Civil Writ Jurisdiction Case No. 13428 of 2019)
For the Petitioner/s : Mr.Jai Prakash Singh, Advocate
For the Respondent/s : Mr. M. N. Parbat, Sr. Advocate
Mr. Siddhartha Prasad, Advocate
Ms. Punam Kumari Singh, Advocate
Mr. Raj Nandan Prasad, Advocate
Mr. Vishesh Kumar Singh, Advocate
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
8/19
(In Civil Writ Jurisdiction Case No. 13429 of 2019)
For the Petitioner/s : Mr.Jai Prakash Singh, Advocate
For the Respondent/s : Mr. M. N. Parbat, Sr. Advocate
Mr. Siddhartha Prasad, Advocate
Ms. Punam Kumari Singh, CGC
Mr. Raj Nandan Prasad, Advocate
Mr. Vishesh Kumar Singh, Advocate
Mr. Ved Prakash Srivastava, Advocate
(In Civil Writ Jurisdiction Case No. 13870 of 2019)
For the Petitioner/s : Mr.Jai Prakash Singh, Advocate
For the Respondent/s : Mr. M. N. Parbat, Sr. Advocate
Mr. Siddhartha Prasad, Advocate
Mr. Ramadhar Shekhar, CGC
Mr. Ved Prakash Srivastava, Advocate
Ms. Punam Kumari Singh, CGC
Ms. Rinki Kumari, CGC
Mr. Raj Nandan Prasad, Advocate
Mr. Vishesh Kumar Singh, Advocate
(In Civil Writ Jurisdiction Case No. 13888 of 2019)
For the Petitioner/s : Mr.Jai Prakash Singh, Advocate
For the Respondent/s : Mr. M. N. Parbat, Sr. Advocate
Mr. Ved Prakash Srivastava, Advocate
Ms. Punam Kumari Singh, CGC
Ms. Rinki Kumari, CGC
Mr. Raj Nandan Prasad, Advocate
Mr. Vishesh Kumar Singh, Advocate
(In Civil Writ Jurisdiction Case No. 13933 of 2019)
For the Petitioner/s : Mr.Jai Prakash Singh, Advocate
For the Respondent/s : Mr. M. N. Parbat, Sr. Advocate
Mr. Ved Prakash Srivastava, Advocate
Ms. Punam Kumari Singh, CGC
Ms. Rinki Kumari, CGC
Ms. Kanak Verma, CGC
Mr. Raj Nandan Prasad, Advocate
Mr. Vishesh Kumar Singh, Advocate
(In Civil Writ Jurisdiction Case No. 14730 of 2019)
For the Petitioner/s : Mr.Binod Kumar Singh, Advocate
Mr. Ajay Kumar Prasad, Advocate
For the Respondent/s : Mr. M. N. Parbat, Sr. Advocate
Mr. Ved Prakash Srivastava, Advocate
Ms. Punam Kumari Singh, CGC
Ms. Rinki Kumari, CGC
Ms. Kanak Verma, CGC
Mr. Raj Nandan Prasad, Advocate
Mr. Vishesh Kumar Singh, Advocate
(In Civil Writ Jurisdiction Case No. 11977 of 2021)
For the Petitioner/s : Mr.Jai Prakash Singh, Advocate
Ms. Punam Kumari Singh CGC
Ms. Rinki Kumari, Advocate
(In Civil Writ Jurisdiction Case No. 20375 of 2021)
For the Petitioner/s : Mr.Jai Prakash Singh, Advocate
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
9/19
For the Respondent/s : Mr.Dr. K.N. Singh (ASG)
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 04-04-2025
LPA No. 227 of 2021
Appellant has assailed the order of the learned Single
Judge dated 16.01.2020 passed in CWJC No. 24354 of 2019.
2. The scope of LPA is limited to the extent that
what is the error committed by the learned Single Judge with
reference to factual aspects and statutory provisions of law.
3. In brief, the appellant was subjected to
disciplinary proceeding and charge memo was issued on
27.08.2015
, while he was working as an Officer Scale-II in
the respondent-Bank. He was about to attain the age of
superannuation and retired from service on 31.08.2015. In the
light of the fact that while he was in service he had been
charge sheeted in a departmental enquiry. Enquiry was
continued and concluded with imposition of penalty and
dismissal from service on 09.06.2016. In this backdrop, the
appellant is claiming that he is entitled to have the benefit of
pension in the light of Regulation-2018. The learned Single
Judge has taken note of Regulation No. 20 of Regulation-2018
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
and it relates to forfeiture of service. Having regard to the fact
that the appellant has been dismissed from service, he has to
forego all service and monetary benefits in the light of
Regulation No. 20 of Regulation-2018.
4. The present LPA was presented in the year 2021.
It is to be noted that Regulation called Uttar Bihar Gramin
Bank (Employees') Pension (Amendment) Regulations, 2024
was notified with reference to Regulation-2018. In other
words, the appellant is improving his case in the light of later
development to the extent that Amendment Regulation-2024
has been introduced. Regulation no. 3 and Regulation no. 20
of Regulation-2018 (unamended and amended), are as
under:-
(Unamended Regulation No. 3)
"3. Application.-(1) These regulations shall
apply to any employee who-
(a) was in the service of the Bank on or after
the 1st day of September, 1987 but had retired on or
before 31 March, 2010 who exercise an option in writing
within one hundred and twenty days from the notified
date, to become a member of the Fund and refund within
sixty days after the expiry of the said period of one
hundred and twenty days, the entire final amounts
received by him (the corpus comprising of Bank's
contribution to provident fund under the Employees'
Pension Scheme, 1995 and interest accrued thereon till the
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
date of receipt by him of the amount) but without
requiring to pay interest on such final amounts from the
date of receipt of such final amounts to the date of refund;
or
(b) was in the service of the Bank on or after
the 1st day of September, 1987 who continue to be in the
service of the Bank on or after the notified date and
exercise an option in writing within one hundred and
twenty days from the notified date, to become member of
the Fund and cause to transfer the entire contribution of
the Bank along with the interest accrued thereon, to the
credit of the Fund constituted under regulation 4; or
(c) was in the service of the Bank between the
1st day of September, 1987 and 31 March 2010 and
continued in service on or after effective date but retired
before the notified date, if he exercises an option in
writing within one hundred and twenty days from the
notified date, to become member of the Fund and refund
within sixty days of the expiry of the said period of one
hundred and twenty days the entire final amounts received
by him (the corpus comprising of Bank's contribution to
provident fund under the Employees' Pension Scheme,
1995 and interest accrued thereon till the date of receipt by
him of the amount) but without requiring to pay interest on
such final amounts from the date of receipt of such final
amounts to the date of refund:
Provided that the family of the employee who-
(i) was in the service of the Bank on or after
the 1st day of September, 1987 but died on or before 31 st
March, 2010; or
(ii) joined the service between 1st September,
1987 and 31st March, 2010 and died before the effective
date; or
(iii) joined the service of the Bank between 1 st
September 1987 and 31st March 2010 and continued in
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
service on or after the effective date but had died before
one hundred twenty days after the notified date without
the employee exercising an option in writing to become
member of the Fund,
shall be entitled to family pension under these regulations, if
the family of such deceased employee exercises an option in
writing within one hundred and twenty days from the date
of the death of the employee or the expiry of one hundred
and twenty days from the notified date, whichever is later, to
become member of the Fund and refund within sixty days of
the expiry of the said period of one hundred and twenty days
the entire final amounts received by the family (the corpus
comprising of Bank's contribution to provident fund under
the Employees' Pension Scheme, 1995 and interest accrued
thereon till the date of receipt of the amount by the family)
but without requiring to pay interest on such final amounts
from the date of receipt of such final amounts to the date of
refund.
(2) An employee or family of the deceased employee not
exercising the option under sub-regulation (1) or who, after
exercising the option, not refunding the amount shall be
deemed not interested in becoming a member of the Fund
and shall continue to be governed under the Employees'
Pension Scheme, 1995.
(3) Notwithstanding anything contained in this regulation,
any employee who joined the service of the Bank on or after
the 1st April, 2010 shall have an option either to be covered
by the National Pension System or to continue to be
governed under the Employees' Pension Scheme, 1995.
(4) Notwithstanding anything contained in this regulation,
any employee who join the service of the Bank on or after
the 1st April, 2018 shall be covered by the National Pension
System."
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
(Amended Regulation No. 3)
"In regulation 3 of the said regulations, the
following regulation shall be substituted, namely:-
Application.-(1) Any employee who-
(a) was in the service of the Bank between the
1st September, 1987 and the 31st March, 2010 and retired
or dismissed or removed or terminated from service before
the date of notification of Uttar Bihar Gramin Bank
(Employees') Pension (Amendment) Regulations, 2024
and refunded or becomes a member of the Fund and
refund within fifteen days from the date of notification of
Uttar Bihar Gramin Bank(Employees') Pension
(Amendment) Regulations, 2024 in the Official Gazette,
the entire final amounts received by him (the corpus
comprising of Bank's contribution to provident fund under
the Employees' Pension Scheme, 1995 and interest
accrued thereon till the date of receipt by him of the
amount) and the periodic pension, if any, received by him
under the Employees' Pension Scheme, 1995 attributable
to any period before date of notification of Uttar Bihar
Gramin Bank (Employees') Pension (Amendment)
Regulations, 2024 in the Official Gazette but without, in
either case, requiring to pay interest on such amounts from
the date of receipt of such amounts to the date of refund:
Provided that an employee who is required to
refund the amounts as per this clause may authorise the
Bank to adjust these amounts from the amounts payable
by the Bank to the employee:
Provided further that an employee who was
eligible to opt for pension under the said regulations but
did not opt within the stipulated time or having opted not
refunded the money within the stipulated time, the
periodic pension, if any, received by him under the
Employees' Pension Scheme, 1995, need not be refunded.
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
(b) was in the service of the Bank between the
1"September, 1987 and the 31 March, 2010 and continue
to be in the service of the Bank on or after the date of
notification of Uttar Bihar Gramin Bank (Employees')
Pension (Amendment) Regulations, 2024 in the Official
Gazette, and a member or becomes member of the Fund
and caused or cause to transfer the entire contribution of
the Bank along with the interest accrued thereon, within
fifteen days from the date of notification of Uttar Bihar
Gramin Bank (Employees') Pension (Amendment)
Regulations, 2024 in the Official Gazette, to the credit of
the Fund constituted in regulation 4 and refund the portion
of pension, if any, received by him under Employees'
Pension Scheme 1995, and attributable to any period
before date of notification of Uttar Bihar Gramin Bank
(Employees') Pension (Amendment) Regulations, 2024 in
the Official Gazette.
(c) was in the service of the Bank between the
1"September, 1987 and the 31 March, 2010 and exercised
an option under clause (b) of sub-section (3) of section
23A of the Act or resigned before the notification of the
said Regulations, in either case, after having completed
twenty years of qualifying service and by giving proper
notice, shall become member of the Fund and refund
within fifteen days from the date of notification of Uttar
Bihar Gramin Bank (Employees') Pension (Amendment)
Regulations, 2024 in the Official Gazette, the entire final
amounts received by him (the corpus comprising of Bank's
contribution to provident fund under the Employees'
Pension Scheme, 1995 and interest accrued thereon till the
date of receipt by him of the amount) and periodic
pension, if any, received by him under the Employees'
Pension Scheme, 1995 attributable to any period before
date of notification of Uttar Bihar Gramin Bank
(Employees') Pension (Amendment) Regulations, 2024 in
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
the Official Gazette but without, in either case, requiring
to pay interest on such amounts from the date of receipt of
such amounts to the date of refund:
Provided that an employee, who is required to
refund the amounts, under this clause may authorise the
Bank to adjust these amounts from the amounts payable
by the Bank to the employee.
(2) The family of the employee covered under
clauses (a) and (c) of sub-regulation (1), shall be entitled
to family pension under these regulations when the family
of such deceased employee refunded or refunds within
thirty days from the date of notification of Uttar Bihar
Gramin Bank (Employees') Pension (Amendment)
Regulations, 2024 in the Official Gazette, the entire final
amounts received by the deceased employee or as the case
may be the family, the corpus comprising of Bank's
contribution to provident fund under the Employees'
Pension Scheme, 1995, and interest accrued thereon till
the date of receipt of the amount by the deceased
employee or, as the case may be, the family of a deceased
employee and pension or family pension, if any, received
by the employee or the family of the deceased employee
under the Employees' Pension Scheme, 1995,but in either
case without requiring to pay interest from the date of
receipt to the date of refund.
Provided that a family of the deceased
employee, who is required to refund the amounts under
this clause may authorise the Bank to adjust these amounts
from the amounts payable by the Bank to the employee:
(3) Notwithstanding anything contained in this
regulation, any employee who joined the service of the
Bank on or after the 1st April, 2010 shall be covered by the
National Pension System."
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
(Unamended Regulation No. 20)
"20. Forfeiture of service.-
(1) Resignation not amounting to voluntary
retirement or dismissal or removal or termination of an
employee from the service of the Bank shall entail for
forfeiture of his entire past service and consequently shall
not qualify for pension under these regulations.
(2) An interruption in the service of an
employee entails forfeiture of his past service, except in
the following cases, namely:-
(a) authorised leave of absence;
(b) suspension, where it is immediately
followed by reinstatement, whether in the same or a
different post, or where the employee dies or is permitted
to retire or is retired under the provisions of the Service
Regulations while under suspension."
(Amended Regulation No. 20)
"4. In regulation 20 of the said regulations,
after sub-regulation (1), the following proviso shall be
inserted, namely:-
"Provided that there would no forfeiture of
service for employees covered under clause (c) of sub
regulation (1) of regulation 3."
5. As on the date of filing of CWJC No. 24354 of
2019 read with the disposal of the said petition by the learned
Single Judge on 16.01.2020, the appellant has not made out a
case in view of unamended Regulation No. 20 of Regulation-
2018. He had a fresh cause of action only in the year 2024, in
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
view of the amendment of Regulation No. 3 and 20 for the
present case. The appellant cannot agitate his right in LPA
proceedings with reference to amended Regulation of 2024.
He has to approach the concerned authority and thereafter if
they fail to redress any grievance of his, in such circumstance
he has a remedy of filing fresh writ petition.
6. Be that as it may, the appellant's contention is
that amended Regulation No. 20 of Regulation-2018
undertaken (Amendment Regulation), 2024 would assist the
grievance of the appellant to the extent that there is no
forfeiture of service for employees who have been dismissed,
removed or terminated in the light of 2024 amendment. At the
same time, amended Regulation No. 20 is to the following
extent.
"Provided that there would no forfeiture of service
for employees covered under clause (c) of sub-
regulation (1) of regulation (3)".
Learned counsel for the appellant has admitted that
the appellant do no satisfy or fulfill the requisites of clause (c)
of sub-regulation (1) of regulation (3). In that event, the
amended Regulation-2024 has no application. That apart, it is
necessary to take note of Regulation No. 29 of Regulation-
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
2018. It is necessary to reproduce Regulation No. 29 of
Regulation-2018, which reads as under:-
"29.Compassionate allowance.-
(1) An employee, who is dismissed or
removed or terminated from service, shall forfeit his
pension:
Provided that the authority higher than the
authority competent to dismiss or remove or terminate
him from service may, if-
(1) such dismissal, removal, or termination is
on or after the effective date; and
(ii) the case is deserving of special
consideration,
sanction a compassionate allowance not exceeding two-
thirds of the pension which would have been admissible
him on the basis of the qualifying service rendered upto
the date of his dismissal, removal, or termination.
(2) The compassionate allowance sanctioned
under the proviso to sub-regulation (1) shall not be less
than the amount of minimum pension payable under
regulation 34."
Regulation 29(1)(i) of Regulation-2018 relates to
dismissal, removal or termination. Therefore, it is evident that
the appellant is entitled to invoke remedy only under
Regulation No. 29 of Regulation-2018, in seeking
compassionate allowance. In this regard, there is no
application before the concerned authority, on the other hand
his grievance is that he is entitled to the benefit of amended
Patna High Court L.P.A No.227 of 2021 dt.04-04-2025
Regulation-2024.
7. In the light of these facts and circumstances, the
petitioner has not made out a case so as to interfere with the
order of the learned Single Judge dated 16.01.2020 passed in
CWJC No. 24354 of 2019.
8. LPA stands dismissed.
9. So far as CWJC No. 13428 of 2019, CWJC No.
13429 of 2019, CWJC No. 13870 of 2019, CWJC No. 13888
of 2019, CWJC No. 13933 of 2019, CWJC No. 14730 of 2019,
CWJC No. 11977 of 2021 and CWJC No. 20375 of 2021 are
concerned, they are de-linked.
10. Registry is requested to list all these de-linked writ
petitions before the concerned Roster Bench at the earliest.
(P. B. Bajanthri, J)
(Alok Kumar Sinha, J)
Ranjan/-.
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.04.2025
Transmission Date NA
