Anurag Asthana v. Indian Bank Thru. Field General Manager, Lucknow and 2 Others

Allahabad HC14 Jun 2024WRIA/4719/2024

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Writ petition by a bank Assistant Manager unable to join duty after transfer due to ill health; the Bank awaited constitution of a Medical Board. Court directed State counsel to seek instructions on the time frame for the Medical Board and listed the matter for further hearing.

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Anurag Asthana vs Indian Bank Thru. Field General… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43163

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Court No. - 4

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Case :- WRIT - A No. - 4719 of 2024

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Petitioner :- Anurag Asthana Respondent :- Indian Bank Thru. Field General Manager, Lucknow And 2 Others Counsel for Petitioner :- Shubhankar Singh,Abhishek Kumar Mishra

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Counsel for Respondent :- Anurag Srivastava

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Hon'ble Abdul Moin,J.

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At the very outset learned counsel for the petitioner prays for and is permitted to implead the Chief Medical Officer, Banda as respondent No.4 during the course of day.

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Heard learned counsel for the petitioner, Shri Gopal Kumar Srivastava, learned counsel appearing on behalf of respondent No.1 to 3 and Shri Tushar, learned Standing Counsel who accepts notice on behalf of respondent No.4.

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The contention of learned counsel for the petitioner is that the petitioner was serving as Assistant Manager in the Indian Bank at BKHM, Devkali, District Ayodhya. He was transferred on 20.06.2022 to Hamirpur under Zonal Office Banda and was also relieved but he could not join on account of his ill health. Upon the petitioner having recovered, he requested the respondentBank for joining which has resulted in a letter being sent by the Bank contending that a Medical Board is to be constituted and the petitioner is required to appear before the Medical Board.

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The contention is that despite the aforesaid email, which is dated 23.04.2024, a copy of which is annexure 1 to the petition, the respondent-Bank has failed to constitute a Medical Board with the result the petitioner has been unable to join at the transferred post at the transferred place in the bank.

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On the other hand, Shri Gopal Kumar Srivastava, learned counsel appearing for the respondent-Bank states that although a letter had been sent to the Chief Medical Officer, Banda on 29.04.2024 for the purpose of formation of Medical Board but on account of the elections, no orders were received from the CMO, Banda as to when the Medical Board would to be constituted.

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He further states that as soon as the Medical Board is constituted and the report of the Medical Board is received, the bank would be acting accordingly.

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Shri Srivastava also states that charge sheet has been issued to the petitioner to which learned counsel for the petitioner states that the issuance of the charge sheet has no relevance to the joining of the petitioner.

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Considering the aforesaid, let the learned State counsel seek instructions from the respondent No.4 as to within how much time the Medical Board would be constituted by CMO, Banda in terms of the letter of the dated 29.04.2024 which has been sent by the respondent-Bank. A copy of the said letter has also been given to Shri Tushar in order to enable him to seek instructions in the matter.

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List this case on 02.07.2024 as fresh i.e. the date as suggested by Shri Gopal Kumar Srivastava.

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The name of Shri Gopal Kumar Srivastava as well as learned C.S.C. be indicated from the side of respondent.

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Order Date :- 14.6.2024 S. Shivhare

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Anurag Asthana v. Indian Bank Thru. Field General Manager, Lucknow and 2 Others

Case brief

What is this about?

A compact analysis

Anurag Asthana v. Indian Bank Thru. Field General Manager, Lucknow and 2 Others

Case brief

What is this about?

A compact analysis

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