Ravindra Shah @ Rabindra Kumar Gond Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Ravindra Shah @ Rabindra Kumar Gond Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to the petitioner to withdraw the writ petition; petition dismissed as withdrawn; no substantive relief (no quashing, reinstatement or adjudication on merits).

Issue for consideration

Whether the writ petition is maintainable against ICICI Bank Ltd., contended by Respondent-Bank not to be 'State' under Article 12 of the Constitution of India. +2 more

Ratio / Principle

Permission to withdraw the writ petition was granted and, accordingly, the writ petition stands dismissed as withdrawn. The Court expressed no view on the maintainability contentions or on the alleged natural-justice violation.

Detailed headnote1 paragraphs

Civil Writ Jurisdiction Case No.1869 of 2017, High Court of Judicature at Patna (Dr. Anshuman, J.), oral order dated 21-02-2025. The petitioner, employed as a Business Development Executive with ICICI Bank Ltd., assailed his termination effected by letter dated 27.10.2015 (Annexure-10) issued under the signature of the Deputy General Manager, Retail Business Group, ICICI Bank Ltd. (Respondent No. 3), allegedly without assigning reasons and without opportunity of hearing, and sought quashing thereof together with reinstatement with all consequential benefits. The Bank resisted the petition as not maintainable, contending that ICICI Bank Ltd. is not 'State' under Article 12 of the Constitution of India, that the petitioner had not first availed the Bank's internal forum, and that his sole remedy, after exhausting the internal service procedure, lay before the Labour Court; the State likewise stressed that a writ lies against the State under Article 12. Without deciding any of these contentions, and upon the petitioner himself seeking leave to withdraw in the light of the submissions, the Court granted permission and dismissed the petition as withdrawn. The order records no adjudication on the maintainability of a writ against a private bank or on the alleged breach of natural justice, and cites no precedent.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1869 of 2017

======================================================

Ravindra Shah @ Rabindra Kumar Gond Son of Shri Rampujan Shah, Resident of Village- Imiliya Manjha, P.O.- Ganesh Asthan, Manjha, P.S.Phulwariya, District- Gopalganj.

... ... Petitioner/s

Versus

The State Of Bihar through the Principal Secretary, Finance Department, Government of Bihar, Patna.

The Managing Director and Chief Executive Officer, ICICI Bank Limited, ICICI Bank Towers, Bandra- Kurla Complex, Mumbai.

Deputy General Manager, ICICI Bank Limited, ICICI Bank Towers, Bandra Kurla Complex, Mumbai.

The Zonal Manager, ICICI Bank, Zonal Office, Sahdeo Mahto Marg, Plot No. 6 B Sri Krishnapuri, Boring Road, Patna.

Regional Manager, ICICI Bank, Regional Office, Sinha Complex, Near Juba Sahni Park, Club Road, Ramnna. Muzaffarpur

Branch Manager, ICICI Bank Limited, Post Office Chowk, Banjari Road, Gopalganj.

Virendra Kumar Son of Dina Nath Mahto, Resident of Village- Bhadkuiya, P.S.- Barauli, District- Gopalganj, Communication Address- Bhad Kuiya, P.S.- Barhariya, District- Siwan.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the State : Mr. Ajay Kr. Rastogi (AAG-10) For the ICICI Bank : Mr. Nagdeo Choubey, Advocate Mr. Daya Nand Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

7 21-02-2025 Heard Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for RespondentBank.

The present writ petition has been filed for quashing of the letter dated 27.10.2015 (annexed as Annexure10) issued under the signature of Deputy General Manager,

Patna High Court CWJC No.1869 of 2017(7) dt.21-02-2025 2/3

Retail Business Group, ICICI Bank Ltd (Respondent no.3) by which services of the petitioner has been terminated without assigning any reasons. Further prayer has also been made for directing the respondents to reinstate the petitioner in his service with all consequential relief/benefits.

Learned Counsel for the petitioner submits that the petitioner was appointed as Business Development Executive in ICICI Bank Ltd., but subsequently, he has been terminated from the service. Counsel submits that Annexure-10 is the order impugned which has been issued without any opportunity of hearing and therefore, this Court having jurisdiction to interfere in a situation where natural justice has been violated.

Learned Counsel for the State on the other hand submits that the present writ petition is not maintainable as writ always used to be issued against the State as defined under Article 12 of the Constitution of India.

Learned Counsel for Respondent-Bank submits that this case is not maintainable at all due to the reason that ICICI Bank Ltd. is not State under Article 12 of the Constitution of India. Secondly, the remedy lies to the petitioner before the internal forum of the ICICI Bank Ltd. itself and without availing the forum, petitioner has moved before this Court. Counsel

Patna High Court CWJC No.1869 of 2017(7) dt.21-02-2025 3/3

further submits that actually the petitioner has only remedy after exhausting of his internal service procedure before the Labour

Court and not before the Writ Court.

In the light of the submissions made, Learned Counsel for the petitioner seeks permission to withdraw the present petition.

Permission, as prayed for, is granted.

As such, this writ petition is hereby dismissed as

withdrawn.

(Dr. Anshuman, J)

Divyansh/-

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