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Patna High Court

Vikash KumarversusInstitute of Banking Personnel Selection

Decided
Disposal
DISPOSED

Holding

The suspension order is appealable under Regulation 17, and the petitioner must avail the appellate remedy; consequently, the writ petition is not maintainable.

Summary

Vikash Kumar, selected by the Institute of Banking Personnel Selection (IBPS) for a Probation Officer post, joined UCO Bank but was later suspended following an IBPS inquiry. He filed a writ petition under Articles 32/226 challenging both the suspension and IBPS's actions, claiming IBPS was functus officio after selection. The bank argued that the suspension is an appealable order under its Regulation 17 and that the petitioner should have approached the appellate authority. IBPS relied on a Supreme Court decision (Rajbir Surajbhan Singh v. Chairman IBPS) that writs against it are not maintainable. The Patna High Court held that the suspension is indeed appealable, directed the petitioner to file an appeal within 45 days, and dismissed the writ petition, while leaving open the possibility of challenging IBPS actions before the appropriate authority.

Issues considered

  • The writ petition challenging the suspension is maintainable when the suspension is an appealable order under bank service regulations.
  • Whether a writ can be filed against IBPS under Articles 32/226 in view of the Supreme Court’s decision in Rajbir Surajbhan Singh v. Chairman IBPS.
  • The appropriate remedy for the petitioner – filing an appeal before the designated appellate authority.

Legislation cited

Subjects

  • writ petition
  • suspension
  • appeal
  • service regulations
  • IBPS
  • UCO Bank
  • Article 226
  • functus officio
  • appellate remedy

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.1694 of 2026
     ======================================================
     Vikash Kumar Son of Deepak Kumar, C/o Ram Jivan Prasad, R/O Village-
     Ratanpura Baradari, Near Bhar ki Masjid, P.S.-Bhagwan Bazar, District-
     chhapra (Bihar) presently residing at C/O -Sachin Ghosh, Purani Thakurbari
     Road, Behind Mandal Kara Banka, P.S. and District -Banka (Bihar).

                                                               ... ... Petitioner/s
                                       Versus

1.   Institute of Banking Personnel Selection Through its Director, IBPS House,
     90 Feet Road, Thakur Complex, Kandivali (East), Mumbai-400101.
2.   The Director, Institute of Banking Personnel Selection, IBPS House, 90 Feet
     Road, Thakur Complex, Kandivali (East), Mumbai-400101.
3.   The Division Head (Administration), Institute of Banking Personnel
     Selection, IBPS House, 90 Feet Road, Thakur Complex, Kandivali (East),
     Mumbai-400101.
4.   UCO Bank through its Managing Director and Chief Executive officer, Head
     Office 10 BTM Sarani, Kolkata-700001.
5.   The Managing Director and Chief Executive Officer, UCO Bank, Head
     Office 10 BTM Sarani, Kolkata- 700001.
6.   The General Manager, HRM, PSD, OL and Training, UCO Bank, Head
     Offfice 10 BTM Sarani, Kolkata- 700001.
7.   The Assistant General Manager and Zonal Head, Zonal Office, UCO Bank,
     SK Tarafdar Road, Adampur, Bhagalpur-812001.
8.   The Manager, UCO Bank Subhanpur Branch (2477), P.S.-Amarpur, District-
     Banka (Bihar).

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Lalan Kumar, Advocate
     For UCO Bank           :     Mr. Shivendra Kumar Roy, Advocate
     For IBPS               :     Mr. Siddhartha Prasad, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 11-05-2026


                       Heard learned Counsel for petitioner, learned

      Counsel for UCO Bank and learned Counsel for Institute of

      Banking Personnel Selection are present.

                    2. The present I.A No. 1 of 2026 has been filed for
Patna High Court CWJC No.1694 of 2026 dt.11-05-2026
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         vacating the interim order dated 05.02.2026 passed in the

         present writ petition by which the suspension order dated

         10.11.2025, which was triggered consequent to the inquiry made

         by respondent Institute of Banking Personnel Selection was

         stayed.

                     3. Upon the specific inquires from the parties, it

         transpires to this Court that counter-affidavit has been filed by

         all concerned in the present writ petition. Therefore, this Court

         deem it appropriate not to pass any order on I.A. instead thereof,

         this Court prefers to pass order on merit itself due to the reason

         that the pleading has already been completed.

                     4. Learned Counsel for the petitioner submits that

         petitioner has appeared in the examination of the Probation

         Officer conducted by the Institute of Banking Personnel

         Selection (hereinafter referred to as the I.B.P.S.) and after his

         successful selection, he has joined U.C.O Bank. Counsel

         submits that once selection process has been completed and his

         name was recommended for selection then the I.B.P.S. become

         the functus officio. He submits that the said respondent has no

         right to scrutinize or review its own decision particularly when

         result was published and petitioner’s joining has been accepted

         by the concerned Bank, who is contesting respondent in the
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         present writ petition. Learned Counsel further submits that since

         the action of I.B.P.S. is functus officio, then any action on the

         request of I.B.P.S. by the bank is also absolutely illegal and not

         be permissible in the eye of law and it is due to this reason the

         petitioner has challenged both the action of I.B.P.S. as well as

         the suspension order issued by respondent Bank. The Counsel

         for the Bank and I.B.P.S. submit that this Hon’ble Court vide

         order dated 05.02.2026 has granted interim protection staying

         the order of suspension of the petitioner.

                     5. Learned Counsel for the Bank, on the other hand,

         submits that petitioner is admittedly joined the service of the

         Bank and service rule of the Bank is applicable on him. He

         submits that Regulation 17 of the Bank talks about appeal.

         Under regulation, the order of suspension is an appealable order

         but the petitioner in spite of moving before the appellate forum

         has moved before this Hon’ble Court. Therefore, this writ

         petition is not maintainable.

                     6. Learned Counsel for I.B.P.S. submits that this

         Hon’ble Court as well as Hon’ble Supreme Court of India has

         categorically held in the various decisions including the decision

         of Rajbir Surajbhan Singh Vs. The Chairman Institute of

         Banking Personnel Selection, Mumbai, in Civil Appeal No.
Patna High Court CWJC No.1694 of 2026 dt.11-05-2026
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         4455/2019 (arising out of S.L.P © No. 18201/2015) decided by

         Hon’ble Supreme Court of India on 29th April, 2019 that the writ

         petition under Article 32 or 226 of the Constitution of India is

         not maintainable against the Institute of Banking Personnel and

         Selection. He submits that petitioner has challenged the

         correspondence made by the I.B.P.S. with the UCO Bank which

         may not be the subject to challenge in the writ petition.

                     7. This Court upon hearing the parties, finds that

         admittedly petitioner is the employee of Bank and under the

         service regulation, it is well within the employer to take action

         against the employee, but completely according to the service

         Rule. It is also admitted that both petitioner as well as the Bank

         are guided by the established service rule and Regulation 17 of

         the Uco Bank Officer Employes’ (Discipline and Appeal)

         Regulations, 1976 states as follows:

                                              “ 17. Appeals: (Circular No.-
                                 CHO/POS/4/2005 dated : 25.01.2005)
                                              (1) An officer employee may prefer
                                 an appeal to the Appellate Authority within
                                 forty five (45) days from the date of receipt
                                 of the order imposing upon him any of the
                                 penalties specified in regulation 4 or against
                                 the order of suspension referred to in
                                 regulation 12.
                                                 Provided that the Appellate
Patna High Court CWJC No.1694 of 2026 dt.11-05-2026
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                                 Authority may entertain the appeal after the
                                 expiry of the said period, if it is satisfied that
                                 the appellant had sufficient cause for not
                                 preferring the appeal in time.
                                              (2) An appeal shall be preferred to
                                 the Appellate Authority with a copy being
                                 forwarded by the appellant to the Authority
                                 which made the order appeal against. It
                                 shall contain all material statements and
                                 arguments on which the appellant relies but
                                 shall not contain any disrespectful or
                                 improper language, and shall be complete in
                                 itself.
                                              (3) The authority which made the
                                 order appealed against shall, on receipt of a
                                 copy of the appeal from the Appellant,
                                 forward the same with its comments thereon
                                 together with the relevant records to the
                                 Appellate Authority within a period not
                                 exceeding forty five (45) days from the date
                                 of the receipt of the appeal.
                                              (4) The Appellate Authority shall
                                 on receipt of the comments and records of
                                 the case from the authority whose order is
                                 appealed against, consider whether the
                                 order of suspension/findings are justified or
                                 whether the penalty excessive or inadequate
                                 and pass appropriate orders. The Appellate
                                 Authority may pass an order confirming,
                                 enhancing, reducing or setting aside the
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                                 penalty/suspension or remitting the case to
                                 the authority which imposed the penalty or
                                 to any other authority with such directions
                                 as it may deem fit the circumstances of the
                                 case:
                                              Provided that-
                                              (i) If the enhanced penalty which
                                 the Appellate Authority proposed to impose
                                 is a major penalty specified in clauses (f),
                                 (g), (h), (i) and (j) of regulation 4 and an
                                 inquiry as provided in regulation 6 has not
                                 already been held in the case, the Appellate
                                 Authority shall direct that such an enquiry
                                 be held in accordance with the provisions of
                                 regulation 6 and thereafter consider the
                                 record of the inquiry and pass such orders as
                                 it may deem proper;
                                              (ii) If the Appellate Authority
                                 decides to enhance the punishment but an
                                 enquiry has already been held as provided in
                                 regulation 6, the Appellate Authority shall
                                 give a show cause notice to the officer
                                 employee as to why the enhanced penalty
                                 should not be imposed upon him and shall
                                 pass final order after taking into account the
                                 representation, if any, submitted by the
                                 officer employee.
                                              (5) The Appellate Authority shall
                                 dispose of the appeal within a period of
                                 ninety (90) days from the date of its receipt
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                                 from the Appellant:
                                                 Provided that the time limit
                                 specified in this regulation shall not apply to
                                 case having a vigilance angle and where
                                 major/minor penalty proceedings against the
                                 officer    employee         have     commenced    on
                                 recommendations of the Police or Central
                                 Bureau       of      Investigations     or    Central
                                 Vigilance Commission, as the case may be,
                                 investigating the matter.
                                              (6) The cases lying pending over
                                 ninety     (90)      days    shall     be    reviewed
                                 periodically by the Appellate Authority and
                                 reasons for non-disposal of the cases shall
                                 be recorded in writing.
                     8. It transpires to this Court that under Regulation 17

         the order of suspension is an appealable order, therefore, this

         Court hereby directs the petitioner to avail the remedy of appeal

         and the writ petition is not maintainable against the Bank at this

         juncture.

                     9. So far as the challenge of the petitioner against the

         I.B.P.S. is concerned, this Court still keep open this question for

         the petitioner to challenge at the relevant time before the

         relevant authority, but the judgment passed by the Hon’ble

         Supreme Court, mentioned above, shall be the guideline for the

         purpose of deciding the factor before any other authority/forum.
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                                  10. Accordingly, this writ petition is disposed off with

                      liberty granted to the petitioner that he may challenge the order

                      of suspension before the appellate authority within 45 days from

                      today.

                                  11. Further liberty is hereby granted that the petitioner

                      shall also move before the said appellate authority for stay of his

                      suspension and the protection granted to the petitioner by this

                      Hon’ble Court vide order dated 05.02.2026 shall continue only

                      and only the day on which the appellate authority shall take

                      decision on his stay.

                                  12. It is made clear that this protection shall not be

                      any barrier in passing order for the appellate authority to take

                      decision on the stay for which this Court has directed him to

                      pass order. I.A, if any, shall stands disposed off.




                                                                   (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.05.2026
Transmission Date


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