The Court accords leave to withdraw the writ application regarding departmental proceedings, stating reluctance to intervene unless charge memos are identical.
Permission to withdraw the writ application allowed.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1162 of 2015
====================================================== Ram Janam Prasad S/o Late Inderdev Rajak, Assistant Manager (Suspended), Central Bank of India, Kushkibagh Branch, District - Purnea. .... .... Petitioner/s Versus 1. The Zonal Manager (D.G.M), Central Bank of India Zonal Office, Maurya Lok Complex, Block - B, Patna - 800001. 2. The Regional Manager, Central Bank of India Regional Office, Sneh Bhawan, Bhatta Bazar, Purnea-854301. 3. The Chief Manager - Cum - Disciplinary Authority, Central Bank of India, Regional Office, Sneh Bhawan, Bhatta Bazar, Purnea - 854301. 4. The Inquiry Officer - Cum - Senior Manager, Central Bank of India, Regional Office, Sneh Bhawan, Bhatta Bazar, Purnea - 854301. 5. The Branch Manager, Central Bank of India, Khushkibagh, Purnea. 6. The Branch Manager, Central Bank of India, Banmankhi, Purnea. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Harish Kumar, Advocate. For the Respondent/s : Mr. Ajay Kumar Sinha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 23-02-2015 After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ application in order to enable the petitioner to raise the issue before the competent authority of the Bank including Enquiry Officer that the memo of charge, on which the departmental proceeding is now proposed to be held against the petitioner, was already subject matter of the memo of charge on which earlier a proceeding was conducted and that proceeding had already come to an end by way of punishing the petitioner and as such the petitioner cannot be proceeded for the same charge. 2. This Court, without expressing any opinion on such
Patna High Court CWJC No.1162 of 2015 (2) dt.23-02-2015
2/2
submission of the learned counsel for the petitioner, would simply accord leave to the petitioner because at the initial stage of departmental proceeding, this Court in exercising power under Article 226 of the Constitution of India would be wholly reluctant to go to the issue unless the memo of charge were exactly the same.
(Mihir Kumar Jha, J)
Sujit/-
U
1 issue framed by the court
Whether the petitioner can withdraw the writ application to raise the issue of double jeopardy regarding departmental proceedings.
1 provisions across 1 enactments
Ram Janam Prasad
The Zonal Manager, Central Bank of India, Patna
The Regional Manager, Central Bank of India, Purnea
The Chief Manager - Cum - Disciplinary Authority, Central Bank of India, Purnea
The Inquiry Officer - Cum - Senior Manager, Central Bank of India, Purnea
The Branch Manager, Khushkibagh
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
