Patna High Court
Ghanshyam SinghversusChairman, Bihar Gramin Bank erstwhile Dakshin Bihar Gramin Bank
- Decided
- Disposal
- DISPOSED
- Bench
- RITESH KUMAR
Holding
The petitioner must first file a statutory appeal before the Board of Bihar Gramin Bank as mandated by Rule 11 of Part III‑Section 4 of the bank's Rules.
Summary
The petitioner, a Group‑A officer of Bihar Gramin Bank, challenged an order passed by the General Manager of the bank, alleging that the Chairman was the appointing and disciplinary authority and that the order could be appealed before the Chairman. The bank contended that the appropriate forum for appeal was the Board of the bank under its internal rules, and that the petitioner had an alternative statutory remedy. The court examined the bank's Rules, particularly Rule 11 of Part III‑Section 4, which mandates that any order of the Chairman be challenged before the Board. It held that the petitioner must first avail the internal appeal mechanism before approaching the High Court. Consequently, the writ petition was dismissed with a direction to file the appeal before the Board, and the court expressly refrained from commenting on the merits of the underlying dispute.
Issues considered
- Whether the petitioner is required to exhaust the internal appeal provision under the bank's Rules before filing a writ petition.
- Whether the Chairman of Bihar Gramin Bank is the appointing and disciplinary authority for Officer Scale I, thereby determining the correct appellate forum.
- Whether the writ petition is maintainable in view of the existence of an alternative statutory remedy.
Subjects
- Banking law
- Disciplinary proceedings
- Appointment authority
- Statutory appeal
- Writ petition
- Rule 11
- High Court jurisdiction
- Alternative remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 4710 of 2026
======================================================
Ghanshyam Singh Son of Late Vijay Kumar Singh, Resident of Village
Damodarpur, P.O. and P.S. - Sarai, District -Vaishali, PIN Code - 844125.
... ... Petitioner/s
Versus
1. Chairman, Bihar Gramin Bank erstwhile Dakshin Bihar Gramin Bank Head
Office- Shri Vishnu Commercial Complex, N.H.-30, New Bypass,
Ashochak, Patna, PIN Code-800030.
2. General Manager, Bihar Gramin Bank erstwhile Dakshin Bihar Gramin
Bank, Head Office- Shri Vishnu Commercial Complex, N.H.-30, New
Bypass, Ashochak, Patna, PIN Code-800030.
3. Senior Manager (MMGS-III), Bihar Gramin Bank erstwhile Dakshin Bihar
Gramin Bank, Regional Office, Begusari, Sona Jageshwar Complex, Traffic
Chowk, Begusarai, PIN Code-851101.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gautam Saha, Advocate
For the Respondent/s : Mr. Ranjeet Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 30-03-2026 Heard the parties.
2. At the outset, the learned counsel appearing on
behalf of the Bihar Gramin Bank erstwhile Dakshin Bihar
Gramin Bank submits that the petitioner has an alternative
remedy of filing an appeal before the Appellate Authority,
however the petitioner without availing the same had
approached this Court by filing the present writ petition.
3. The learned counsel for the petitioner submits that
the order has been passed by the General Manager of the Bank,
however the appointing authority of the petitioner is the
Patna High Court CWJC No. 4710 of 2026(2) dt.30-03-2026
2/3
Chairman of the Bank, which has been contradicted by the
learned counsel for the Bank. He submits that the petitioner can
file an appeal before the Chairman of the Bank, since the
petitioner is a Officer Scale I and in his case, the appointing
authority is the G.M. of the Bank and not the Chairman,
therefore the appeal would lie before the Chairman. Per contra,
the learned counsel for the petitioner submits that as per Rule 4
of Chapter II of the Rules, the Chairman is the appointing
authority of the officers Group-A and therefore he is the
disciplinary authority. No appeal would lie against the
Chairman.
4. Having heard the rival submissions and after going
through the Rules of the Bank, it appears that any order passed
by the Chairman is to be challenged before the Board of Bihar
Gramin Bank (Dakshin Bihar Gramin Bank) in terms of Rule 11
of Para III-Section 4 of the Rules of the Bank notified vide
Gazette notification dated 18.05.2019.
5. Accordingly, the present writ petition is disposed of
with a direction to the petitioner to avail the appropriate remedy
by filing statutory appeal before the Board of the Dakshin Bihar
Gramin Bank (now renamed as Bihar Gramin Bank) in terms of
Rule 11 of part III-Section 4 of the Rules of the Bank Notified
Patna High Court CWJC No. 4710 of 2026(2) dt.30-03-2026
3/3
vide Gazette Notification dated 18.05.2019.
6. The writ petition is disposed of in the
aforementioned terms.
7. It is made clear that this Court has not expressed
any opinion on the merits of the case.
(Ritesh Kumar, J)
AjayMishra/-
U
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