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Patna High Court

Abhiraj KumarversusThe Indian Bank

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed, with the court directing the bank's appellate authority to hear and decide the pending appeal within three months.

Summary

Abhiraj Kumar, a former officer of Indian Bank, challenged a disciplinary order that removed him from service. He filed an appeal under Regulation 17(1) of the Indian Bank Officer Employees (Discipline & Appeal) Regulations, 1976 on 28‑11‑2024, but the appeal remained pending beyond the 90‑day period prescribed. He sought a writ directing the bank to conclude the appeal, restrain the forfeiture of his gratuity, and grant other reliefs. The bank contended that the appeal was pending and asked the court to clarify whether it could intervene. The Patna High Court held that since the petitioner had availed the alternative remedy of filing an appeal, the writ could not substitute for it, but the court could direct the appellate authority to decide the appeal within a reasonable time. Accordingly, the court disposed of the writ, ordering the appellate authority to hear and decide the appeal within three months, and dismissed the request for restraining the gratuity forfeiture.

Issues considered

  • Whether the High Court can intervene and direct the bank's appellate authority to decide a pending appeal under Regulation 17(1) of the Indian Bank Officer Employees (Discipline & Appeal) Regulations, 1976.
  • Whether a writ relief to restrain execution of the gratuity forfeiture is maintainable when the aggrieved employee has already filed an appeal under the bank's internal regulations.

Subjects

  • writ petition
  • disciplinary action
  • removal from service
  • appeal
  • Regulation 17
  • Indian Bank
  • procedural fairness
  • alternative remedy

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.351 of 2026
                 ======================================================
                 Abhiraj Kumar Son of Late Hansraj Prasad Yadav, Resident of Village-
                 Chhoti Mahuli, District- Munger, Bihar, 811202.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The Indian Bank Through Chief General Manager, (HRM) 254-260 Corp.
                 Off. Avvai Shanmugam, Salai, Roypettah, Chennai 600014.
           2.    The General Manager (HR), Indian Bank (254-260 Corp.Off. Avvai
                 Shanmugam, Salai, Roypettah, Chennai 600014).
           3.    The Deputy General Manager-cum-Appellate Authority, Indian Bank, Indian
                 Bank (254-260 Corp. Off. Avvai Shanmugam, Salai, Roypettah, Chennai
                 600014).
           4.    The Assistant General Manager/ Special Disciplinary Authority, Indian Bank
                 (254-260 Corp. Off. Avvai Shanmugam, Salai, Roypettah, Chennai 600014).
           5.    The Assistant General Manager (HRM), Indian Bank HRM Settlement
                 Section, Indian Bank (254-260 Corp. Off. Avvai Shanmugam, Salai,
                 Roypettah, Chennai 600014).
           6.    The Assistant General Manager/ Zonal Manager, Indian Bank, Zonal Office,
                 Berhampore (West Bengal).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s           :     Mr. Sunil Kumar Singh, Advocate
                 For the Respondent/Indian Bank :     Mr. Dr. Binod Kumar Jha
                                                      Mr. Devendra Pd., Advoate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   02-02-2026                 The petitioner has filed this writ application for

                   following relief/s:-

                                                    “(I) For conclusion of the Appeal
                                          dated 28.11.2024 filed by the petitioner in
                                          the matter of an appeal under Regulation
                                          17(1) of the Indian Bank Officer Employees
                                          (Discipline & Appeal) Regulations 1976
                                          against the final orders of the Assistant
                                          General   Manager       (HRM)       Disciplinary
Patna High Court CWJC No.351 of 2026(2) dt.02-02-2026
                                            2/4




                                  Authority       concluding     the   departmental
                                  proceeding in respect of the charge sheet no.
                                  CO/HRM/ IRC/ 79917/ 2023-24 dated
                                  29.01.2024 on 18.10.2024 whereby imposing
                                  on him the major penalty of Removal from
                                  service which shall ordinarily not be a
                                  disqualification for future employments”.
                                               The period of suspension under
                                  gone by Mr. Abhiraj Kumar (the CSO) will
                                  be treated as one on suspension (non-duty)
                                  only's in absence of reasonable opportunity
                                  for defending his claim and showing
                                  bonafidy. Whereas reasonable opportunity is
                                  an elementary, basic and mandatory law and
                                  alone on reasons entire proceeding was
                                  vitiated and order of punishment void ab-
                                  initio and otherwise bad in eyes of law.
                                               (II) For directing the respondent
                                  the Assistant General Manager (HRM)
                                  Indian Bank, Head Office to restrain the
                                  execution/implementation of the letter Ref.
                                  CO/HRM/IRC/           79917/     2023-24    dated
                                  01.01.2025 whereby payment and forfeiting
                                  of gratuity and other terminal benefit, till the
                                  disposal of the Appeal which should have to
                                  be disposed of within 90 days from the date
                                  of receipt of the Application of the aforesaid
                                  Appeal in terms of Regulation 17(5) of the
                                  Indian Bank Officer Employee (Discipline &
                                  Appeal) Regulation 1976.
Patna High Court CWJC No.351 of 2026(2) dt.02-02-2026
                                            3/4




                                               (III)    For   that     necessary
                                  relief/reliefs for which he is entitled on basis
                                  of facts and circumstances described herein
                                  after.”
                      2. At the very outset, learned counsel for the petitioner

          referring to the prayer made in the writ application submits that

          the petitioner has preferred an appeal in terms of Regulation

          17(1) of the Indian Bank Officer Employees (Discipline &

          Appeal) Regulations, 1976 on 28.11.2024 against the final order

          dated 18.10.2024 passed by the Assistant General Manager

          (HRM)/Disciplianry Authority, which is still pending although

          the same is required to have been decided within 90 days from

          the date of filing of the appeal. He further confines his prayer to

          the extent that the appeal may be directed to be decided and

          disposed of within a reasonable time.

                      3. On the other hand, learned counsel for the

          respondent-Bank submits that he would be required an

          instruction in this regard whether such appeal, as contended by

          the petitioner, is filed before the appellate authority or not and

          even if it is filed, a direction may be passed to dispose of the

          appeal within a reasonable time.

                      4. Having regard to the submission advanced by the

          learned counsels for the parties, this Court is of the view that
           Patna High Court CWJC No.351 of 2026(2) dt.02-02-2026
                                                       4/4




                     since the petitioner has availed the alternative remedy by way

                     of filing an appeal and the same is pending consideration before

                     the appellate authority, it would be appropriate, at this stage, to

                     dispose of the writ application directing the appellate authority

                     to hear and decide the appeal of the petitioner, in accordance

                     with law, after affording ample opportunity of hearing to the

                     petitioner by passing a reasoned and speaking order, preferably,

                     within a period of three months from the date of receipt of a

                     copy of this order.

                                 5. Accordingly, the present writ application stands

                     disposed of on the aforesaid terms.



                                               (Praveen Kumar, J)
shivam/-

U


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