Patna High Court
Rajiv KumarversusThe Chairman
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court directed the bank to consider any pending appeal within 60 days or, if no appeal is pending, to conclude the departmental proceedings within six months, thereby disposing of the writ petition.
Summary
Petitioner Rajiv Kumar challenged a suspension order dated 04‑10‑2025 issued by the General Manager of Bihar Gramin Bank, filing a writ petition seeking its quash and a direction to follow the legal principles laid down in Ajay Kumar Choudhary v. Union of India. The Bank contended that the suspension order is appealable and that the petitioner must first pursue the statutory remedy of appeal. The petitioner claimed an appeal had already been filed but could not produce a copy, attaching an email dated 02‑12‑2025 as proof. The Court, after considering the submissions, directed the Bank to consider any pending appeal within 60 days of receipt of this order, and if no appeal exists, to conclude the departmental proceedings within six months. Accordingly, the writ petition was disposed.
Issues considered
- Whether the order of suspension issued by the bank is an appealable order requiring the petitioner to first avail the statutory remedy of appeal before approaching the High Court.
- Whether the High Court can direct the bank to dispose of a pending appeal or departmental proceedings in the absence of a filed appeal.
Subjects
- suspension
- banking
- departmental proceedings
- writ petition
- appeal
- statutory remedy
- high court
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5509 of 2026
======================================================
Rajiv Kumar Fathers name Gopal Singh, Resident of House No. 370, 89,
Rahul Nagar, Road No.3, P.S- Brahmpura, MIT, District- Muzaffarpur, Bihar
Pin- 842003.
... ... Petitioner/s
Versus
1. The Chairman Bihar Gramin Bank, Head Office, Sri Vishnu Commercial
Complex, N.H.-30, New Bypass, Near B.P. Highway Services Petrol Pump,
Ashochak, Patna- 800030.
2. The General Manager, Bihar Gramin Bank, Head Office, Sri Vishnu
Commercial Complex, N.H-30, New Bypass, Near B.P. Highway Services
Petrol Pump, Ashochak, Patna- 800030.
3. The Assistant General Manager, Bihar Gramin Bank, Head Office, Sri
Vishnu Commercial Complex, N.H-30, New Bypass, Near B.P. Highway
Services Petrol Pump, Ashochak, Patna- 800030.
4. The Regional Manager, Bihar Gramin Bank, Muzaffarpur, Ramrekha
Complex, Power House Chawk, Muzaffarpur.
5. The Branch Manager, Bihar Gramin Bank, Jasauli Branch, P.S.- Kathiya,
P.O. Jasauli, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhiraj Kumar Singh, Advocate
For the Respondent/s : Mr.Rsuresh Pd.Singh, No.1, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 15-04-2026 Heard learned counsel appearing for the petitioner and
learned counsel appearing for the respondent -Bank.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed for quashing the order dated
04.10.2025 issued by the General Manager, Bihar Gramin Bank,
whereby the petitioner has been placed under suspension. The
petitioner further seeks a direction to the respondent authorities
to act in accordance with the law laid down in Ajay Kumar
Patna High Court CWJC No.5509 of 2026(2) dt.15-04-2026
2/2
Choudhary vs. Union of India, reported in (2015) 7 SCC 291.
3. Learned counsel for the respondent-Bank raises a
preliminary objection, submitting that the order of suspension is
an appealable order and, therefore, the petitioner ought to avail
the statutory remedy of appeal against the impugned order.
4. In response, learned counsel for the petitioner
submits that an appeal has already been preferred. However, due
to an inadvertent mistake, a copy of the said appeal could not be
brought on record. It is further submitted that a copy of the e-
mail through which the appeal was filed has been annexed.
5. In light of the submissions made and upon perusal
of the e-mail dated 02.12.2025, this Court directs the respondent
authority to consider and dispose of the appeal preferred by the
petitioner, if pending, within a period of sixty (60) days from the
date of receipt/production of a copy of this order. In the event no
such appeal is pending, the respondent authorities shall ensure
that the departmental proceeding against the petitioner be
concluded within a period of six (6) months from today.
6. With the aforesaid observation and direction, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Ashwini/-
U
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