Rajasthan High Court - Jodhpur
Dinesh Kumar Maheshwari vs The Rajasthan Marudhara Gramin ... on 15 May, 2023
Bench: Dinesh Mehta
[2023/RJJD/015233]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11432/2021
Dinesh Kumar Maheshwari S/o Khyali Ram, Aged About 56
Years, H.no.5, Oswal Nagar Sunderbas, Udaipur, Rajasthan. (Hall
Officer Scale-I At Rajasthan Marudhara Gramin Bank, Branch
Dariba, District Rajsamand, Rajasthan).
----Petitioner
Versus
1. The Rajasthan Marudhara Gramin Bank (R.m.g.b.),
Through Its Chairman, Head Office - Tulsi Tower, 9Th B
Road, Sardarpura, Jodhpur, Rajasthan.
2. The Chairman, Rajasthan Marudhara Gramin Bank
(R.m.g.b.), Head Office - Tulsi Tower, 9Th B Road,
Sardarpura, Jodhpur, Rajasthan.
3. The General Manager (Personnel), (Disciplinary
Authority), Rajasthan Marudhara Gramin Bank, Head
Office - Tulsi Tower, 9Th B Road, Sardarpura, Jodhpur,
Rajasthan.
4. Jalam Chand Charan, Officer Scale-Iv, (Inquiry Authority,
Department Inquiry) R.m.g.b. Head Office, Tulsi Tower,
9Th B Road, Sardarpura, Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Satya Prakash Sharma
For Respondent(s) : Mr. Jagdish Chandra Vyas
JUSTICE DINESH MEHTA
Order
15/05/2023
I.A. No. 01/2022:
1. Mr. Vyas, learned counsel for the respondents does not press
the present application with liberty to pursue another application
which has been filed subsequently being I.A. No. 01/2023.
[2023/RJJD/015233] (2 of 3) [CW-11432/2021]
2. Application I.A. No. 01/2022 stands dismissed as not
pressed.
I.A. No. 01/2023:
3. The respondent - Bank has preferred the present application
seeking dismissal of the writ petition.
4. Mr. Vyas, learned counsel for the respondents pointed out
that on 15.09.2021, an interim order was passed by this court in
the light of judgment dated 28.01.2021 passed by this Court in
the case of Ramesh Chandra Meena vs. The Rajsthan Marudhara
Gramin Bank & Ors. (SBCWP No. 8363/2020), which was affirmed
by the Division Bench.
5. He, however, submitted that both the above orders have
been up-turned by Hon'ble the Supreme Court by its order dated
04.01.2022 passed in the case of The Rajasthan Marudhara
Gramin Bank (RMGB) & Anr. vs. Ramesh Chandra Meena &
Anr. [Civil Appeal No. 7451/2021].
6. It is further contended by the learned counsel that the
ground taken by the petitioner that the respondent no.4 is having
grudge or bias against the petitioner, has also lost its foundation,
inasmuch as, the respondent no.4 has since retired.
7. A clear undertaking has been given in the application that
since the respondent no.4 has been superannuated, another
inquiry officer shall be appointed by the respondent - Bank.
8. Learned counsel for the respondent - Bank, however,
submitted that a new inquiry officer was not appointed, as the
present writ petition is pending and interim order has been
passed.
[2023/RJJD/015233] (3 of 3) [CW-11432/2021]
9. In view of the submissions so made, the writ petition is
dismissed in the light of the judgment dated 04.01.2022 passed
by the Supreme Court in the case of The Rajasthan Marudhara
Gramin Bank (RMGB) & Anr. (supra) and because the ground of
bias is not required to be gone into.
10. It will be required of the respondent - Bank to appoint a new
inquiry officer, as has been assured by Mr. Vyas on the basis of the
application under consideration.
11. Stay application so all interlocutory application (if any) stand
disposed of, accordingly.
(DINESH MEHTA),J
86-Mak/-
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