Disposed

Nipendra Kumar v. Punjab National Bank and Another

Allahabad HC26 Jul 2024WRIC/23964/2024

Case brief

AI extract

What is this about?

Petitioner, a recovery agency area manager, was blacklisted by Punjab National Bank without any hearing. The Court set aside the blacklisting communication and directed that any future blacklisting follow a process of show cause notice, reply, personal hearing and reasoned order.

What did the court decide?

Order dated 20.02.2024 blacklisting petitioner set aside; bank may proceed afresh via show cause notice, hearing and reasoned order.

Nipendra Kumar vs Punjab National Bank and Another — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:120445-DB

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Court No. - 39

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Case :- WRIT - C No. - 23964 of 2024

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Petitioner :- Nipendra Kumar Respondent :- Punjab National Bank And Another Counsel for Petitioner :- P.H. Vashishtha Counsel for Respondent :- Sanjai Singh

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Hon'ble Saumitra Dayal Singh,J. Hon'ble Donadi Ramesh,J.

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Having heard learned counsel for the petitioner and Sri J.S. Pandey learned counsel holding brief of Sri Sanjai Singh learned counsel for the Bank, at present it cannot be denied that the petitioner alongwith 11 others have been blacklisted by the bank. While learned counsel for the bank would contend that no blacklisting has taken place, the contents of the impugned communication leave us with no doubt that amongst others, petitioner has also been blacklisted. Relevant extract of the impugned communication reads as below:

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"Now it has been decided by the competent authority to black list the name of these mischievous elements (peoples) persons for working as Agents/ Area Managers/ Key Persons for Recovery Purpose in all type outsourced agencies

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Details of Black Listed persons

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Sr. No. Name of Person Presently related to Branch/Recovery Agency

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1.	Ram Veer Nagal Soti etc
2.	Ashok Chandak, Mandawar etc.
3.	Ravi Dhaka Chandak, Mandawar etc.
4.	Pankaj Chandak, Mandawar etc.
5.	Irshad Barhapur etc.
6.	Khursheed Nehtaur, Nehtaur eOBC etc.
7.	Haroon Nehtaur, Nehtaur eOBC etc.
8.	Ranveer Bhaguwala, Jalalabad, Najibabad etc.
9.	Rafique Jalalabad, Bhaguwala, Najibabad etc.

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10. Azad Nagal Soti etc.

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11. Nipendra Kumar Area Manager of G R Agency

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12. Vipin Kumar Chauhan Area Manager of Vindhya Consultants and Service

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Keeping in view of the above, All Agencies Owner's are directed to release all the abovementioned persons from your agencies with immediate effect Le. 20.02 2024 and all other agencies also ensure to no appointment/work will be assigned to these peoples in future

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Note All Branch Heads / Outsourcing Agencies are advised to not assigning any work to these above mentioned persons with immediate effect I.e. 20.02.2024 if it is found in future that these persons are working in any branch under any agency then it will be taking very seriously by the authorities because it's the matter of bank's reputation.

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All concerns are note for strict and meticulous compliance."

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In view of the above, it is settled principle in law, no blacklisting may arise except after due opportunity to file objection and hearing given to the person affected. Inasmuch as no such opportunity is shown to have been given to the petitioner, no useful purpose would be served in keeping such a petition pending or calling for counter affidavit at this stage.

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Accordingly, writ petition is disposed of with the following directions:

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(i) The order dated 20.02.2024 is set aside.

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(ii) If the respondent bank seeks to black list the petitioner, it may issue a specific show cause notice in that regard, within a period of two weeks from today.

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(iii) Subject to such notice being served, petitioner shall have two weeks thereafter to file his reply.

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(iv) Upon submission of such reply, appropriate short date for personal hearing may be fixed and a reasoned and speaking order passed within a further period of one month therefrom.

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Order Date :- 26.7.2024 Faraz

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(Donadi Ramesh, J.) (S. D. Singh, J.)

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Digitally signed by :- FARAZ AHMAD High Court of Judicature at Allahabad

Nipendra Kumar v. Punjab National Bank and Another

Case brief

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Nipendra Kumar v. Punjab National Bank and Another

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