Disposed

Suman Kumar Sinha v. The Chairman Of Madhya Bihar Gramin Bank and Ors.

Patna HC1 Feb 2019CWJC/3113/2015

Case brief

AI extract

What is this about?

In a writ petition concerning compulsory retirement, the Court recorded the petitioner's intention to seek reconsideration of the punishment's quantum from the Appellate Board. Finding the matter speculative for immediate adjudication, the Court exercised discretion to allow the petitioner to approach the Board without passing any interim order, ultimately disposing of the writ petition.

What did the court decide?

The writ petition is disposed without passing any order; the petitioner is at liberty to approach the Appellate Board for reconsideration of the punishment.

Suman Kumar Sinha Vs The Chairman Of Madhya Bihar… — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3113 of 2015

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Suman Kumar Sinha Son of Late Birendra Bahadur Sinha, Resident of at present D/55, Police colony, Anisabad, P.S.- Anisabad, District- Patna

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... ... Petitioner/s

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Versus

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The Chairman Of Madhya Bihar Gramin Bank and Ors

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Regional Manager, Madhya Bihar Gramin Bank, having his office at Bhabhua, District- Bhabhua.

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Sri Arun Kumar Prasad, Senior Manager, Head Office, Madhya Bihar Gramin Bank- cum- Enquiry Officer

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The Appellate Board, Madhya Bihar Gramin Bank, Mina Plaza, South to Museum, Patna.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar, Advocate For the Respondent/s : Mr.Sanjay Kumar Jha, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT

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Date : 01-02-2019

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It is agreed between the parties that prior to the charge memo leading to punishment of compulsory retirement being inflicted upon the petitioner in the instant case, the petitioner has a clean and unblemished career.

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It is submitted by Mr. Mishra appearing on behalf of the petitioner that relying upon his past good conduct in the services of the Bank with full devotion and duty he would approach the Board i.e., Appellate Authority for reconsidering the quantum of punishment as the same is highly excessive and disproportionate to the allegations, moreso in view of the nature of vague allegations made against the petitioner. He submits that the petitioner would approach the Board for being awarded a lesser

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Patna High Court CWJC No.3113 of 2015 dt.01-02-2019 2/2

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punishment having regard to the aforesaid mitigating circumstances. The submission of Mr. Mishra has been recorded, but this Court is not expressing any merit on the said submissions/claims of the petitioner, as the same has to be examined by the Appellate Board if the petitioner approaches the Board for such reconsideration.

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In view of the aforesaid submissions, no orders need to be passed in the instant proceedings. The petitioner would be at liberty to approach the Board for reconsideration as regards the quantum of punishment in light of the submissions of the petitioner and any other submissions that he may consider relevant to be made before the Appellate Board. In the event such an application is made by the petitioner, it is needless to say that the Board would be required to consider the same on its own merit and in accordance with law expeditiously and without any undue delay.

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Writ petition is disposed off.

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(Madhuresh Prasad, J)

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Prakash/-

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Suman Kumar Sinha v. The Chairman Of Madhya Bihar Gramin Bank and Ors.

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Suman Kumar Sinha v. The Chairman Of Madhya Bihar Gramin Bank and Ors.

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