Disposed

Anjani Kumar Lal v. The Punjab National Bank and Ors.

Patna HC17 Jul 2012CWJC/12504/2012

Case brief

AI extract

What is this about?

The High Court of Patna disposed of a writ petition challenging a bar on a promotional examination. The Court dismissed the petition on the principle of exhaustion of remedies, directing the petitioner to file an internal appeal before the appellate authority.

What did the court decide?

The writ petition is disposed of with liberty to file an appeal before the appellate authority within fifteen days.

Anjani Kumar Lal Vs The Punjab National Bank and Ors. — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.12504 of 2012

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Anjani Kumar Lal, son of Sri Krishna Nandan Rajak, resident of Mohalla Kunti Nivas, Opposite Durga Mandir, Near D.V.C. Chowk, P.S. Jakkanpur, District Patna .... .... Petitioner Versus

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The Punjab National Bank through its Chairman and Managing Director, having its Head Office at 7 Bhikhaji Cama Place, Africa Avenue, New Delhi.

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The Circle Head, Punjab National Bank, Circle Office (IZO), Chanakya Place, R-Block, P.S. Scahivalaya, District Patna

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The Assistant General Manager, Human Resources Development Division, Punjab National Bank , 7 Bhikhaji Cama Place, Africa Avenue, New Delhi.

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.... .... Respondents ====================================================== For the Petitioner : M/s Diwakar Prasad Karn and C.S. Anand, Advocates. For the Respondents : Mr. Suresh Pd. Singh No.1, Advocate =================================================== P R E S E N T : HONOURABLE MR. JUSTICE S.N. HUSSAIN

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O R D E R

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2 17-07-2012 Heard learned counsel for the petitioner and learned counsel for the respondents.

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This writ petition has been filed by the petitioner challenging Clause 5 of the Advertisement PNB CLK PROESS-Promotion appli-clerical Selection No. 2012/1, Promotion Chanel-Sele Acknowledgement No. 2012/1/02/97220/3916, submitted on 23.06.2012, by which a criterion has been fixed debarring the petitioner from appearing in the promotional examination.

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Learned counsel for the petitioner submits that he

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Patna High Court CWJC No.12504 of 2012 (2) dt.17-07-2012

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is fully entitled to appear at the said promotional examination, but has been wrongly debarred by the authorities concerned taking away the fundamental right of the petitioner. He relies upon a decision of a Bench of this Court dated 14.09.2005 (Annexure 3) passed in C.W.J.C. No. 11539 of 2005, which, according to the petitioner, was filed by similarly situated persons and in the same circumstances they were allowed to appear in the promotional examination.

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On the other hand, learned counsel for the respondents opposes the contentions of learned counsel for the petitioner and submits that the aforesaid decision is not applicable to the facts and circumstances of this case as in the instant case the petitioner has been transferred in November, 2011 from Dimapur to Patna on his request and hence he was not entitled to any promotion within two years. He further submits that a procedure of appeal is provided under Clause 8 of the H.R.D. Division Circular no. 485 dated 14.10.2008 and hence this writ petition is fit to be dismissed.

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From the arguments of learned counsel for the parties, it is quite apparent that the procedure of appeal is provided and hence the petitioner should have approached the appellate authority for redressal of his grievance before coming

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Patna High Court CWJC No.12504 of 2012 (2) dt.17-07-2012

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to this Court.

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Accordingly, this writ petition is disposed of with liberty to the petitioner to file an appeal before the appellate authority under the aforesaid provision. If such an appeal is filed by the petitioner within fifteen days from today, the appellate authority shall consider the time spent during the pendency of this writ petition and shall consider and decide the appeal on merit without being influenced by this order.

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It may be noted that this Court has refrained from making any observation with respect to the merit of the case so that the appellate authority may be free to pass any appropriate order either at the interlocutory stage or at the final stage.

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MPS/-

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(S.N. Hussain, J)

Anjani Kumar Lal v. The Punjab National Bank and Ors.

Case brief

What is this about?

What did the court decide?

Anjani Kumar Lal v. The Punjab National Bank and Ors.

Case brief

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