The Calcutta High Court dismissed a writ petition by an empanelled valuer who claimed blacklisting. Rejecting the claim of an unwritten ban, the Court held there is no enforceable right to work from the Bank due to discretionary allotment.
The writ petition for direction to allot work is dismissed; no relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
26.07.2021. Item no. 1. Court No.13 ap
CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
APPELLATE JURISDICTION
W.P.A. No. 1084 of 2021 (Through Video Conference)
Sushanta Kumar Ghosh Versus Bank of India & Ors.
Mr. Debasish Ghosh, Mr. Nilanjan Adhikari.
…For the petitioner.
Affidavit-of-service filed in Court today by the Counsel for the petitioner is taken on record.
Counsel for the petitioner submits that his client is an empanelled valuer of the Bank of India. He is not being allotted work. It is further submitted that there is an unwritten order of blacklisting against the petitioner by reason of which, he is not being allotted work.
Counsel for the petitioner submits that the Bank ought to follow the Guidelines of the Indian Bank Association, if they want to remove him from the panel.
This Court notes that the petitioner has not been able to demonstrate any order of the Bank depriving or refusing to allot work to him.
2
Admittedly, there are large number of valuers in the panel of the Bank and it is the discretion of the Bank as to whom they would allot work.
Hence, there is no enforceable right available to the writ petitioner for work from the Bank. No relief can be granted to the writ petitioner in this writ petition.
Hence, the instant writ petition shall stand dismissed.
However, this order shall not prevent the petitioner from approaching the Bank and the Bank to communicate the petitioner, any particular reason, for not allotting work to him.
There will be no order as to costs.
All parties are directed to act on a server copy of this order on usual undertakings.
( Rajasekhar Mantha , J.)
1 issue framed by the court
Whether the petitioner has an enforceable right to be allotted work as an empanelled valuer of the Bank of India.
Sushanta Kumar Ghosh
Bank of India
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
