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Patna High Court

Amrendra JhaversusPunjab National Bank

Decided
Disposal
DISMISSED

Holding

The Letters Patent Appeal is dismissed; the order directing the petitioner to approach the alternative remedy stands.

Summary

Amrendra Jha challenged his compulsory retirement order passed by Punjab National Bank's disciplinary authority through a writ petition. The Single Judge, noting the availability of an alternative remedy before the Central Government Industrial Tribunal‑cum‑Labour Court, directed the petitioner to approach that forum and set a 90‑day deadline for the bank to cooperate. The bank raised a preliminary objection on maintainability, relying on the Awadhesh Singh v. PNB judgment, while the petitioner argued that the matter had been pending since 2011 and should be decided on its merits. The appellant also cited the Supreme Court’s decision in M/S Utkal Highways Engineers v. Chief General Manager, contending that the High Court should not have relegated the petition to an alternative forum without adjudicating the merits. The Division Bench held that there was no perversity, unreasonableness, or inconsistency in the Single Judge’s order and dismissed the Letters Patent Appeal.

Issues considered

  • Whether a writ petition challenging a disciplinary order is maintainable when an alternative remedy exists before the Central Government Industrial Tribunal‑cum‑Labour Court.
  • Whether the High Court erred in directing the petitioner to approach the alternative forum without deciding the merits of the writ petition.
  • Whether the order of the Single Judge exhibits any perversity, unreasonableness, or inconsistency with law.

Subjects

  • compulsory retirement
  • disciplinary action
  • writ jurisdiction
  • alternative remedy
  • industrial tribunal
  • letters patent appeal
  • maintainability
  • perverse order

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.197 of 2025
                                          In
                   Civil Writ Jurisdiction Case No.4888 of 2011
     ======================================================
     Amrendra Jha S/O Sri Ugra Narayan Jha Resident of-At and P.O.- Sitapur,
     Via-Balua Bazar, Police Station- Birpur, District - Supaul, Bihar.

                                                                ... ... Appellant/s
                                      Versus
1.   Punjab National Bank
2.   Dy. General Manager, Appellate Authority, Human Resources Development
     Division, Punjab National Bank, New Delhi.
3.   Chief Manager, Disciplinary Authority, Punjab National Bank, Circle Office
     Darbhanga.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :     Mr. Nalin Vilochan Tiwary, Adv.
                                  Mr. Avinash Kumar, Adv.
                                  Mr. Ajay Kumar Mehta, Adv.
                                  Mr. Kumar Satyam, Adv.
     For the Respondent/s   :     Mr. Mritunjay Kumar, Adv.
     For the PNB            :     Mr. Suryakant Kumar, Adv.
                                  Mr. Ajit Kumar, Adv.
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 01-04-2026

                   The Letters Patent Appeal has been filed challenging

      the order dated 20.01.2025 passed by the learned Single Judge

      in CWJC No. 4888 of 2011. The writ petition was filed with a

      prayer for quashing of the order dated 09.07.2010, passed by the

      Dy. General Manager (Appellate Authority), Punjab National

      Bank whereby and whereunder the appellate authority has

      affirmed the order of punishment dated 08.04.2009, passed by
Patna High Court L.P.A No.197 of 2025 dt.01-04-2026
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         the Chief Manager, Disciplinary Authority, Punjab National

         Bank, Circle Office, Darbhanga whereby and whereunder the

         petitioner has been awarded the punishment of compulsory

         retirement.

                      2. When the matter was taken up on 20.01.2025, the

         learned counsel for the Bank raised a preliminary objection

         regarding maintainability of the writ petition and submitted that

         there is an alternative remedy available to the petitioner to

         challenge such order before the Central Government Industrial

         Tribunal-cum-Labour Court, and reliance has been placed on a

         judgment of this Court in the case of Awadhesh Singh -Vrs.-

         The Punjab National Bank & Ors., (CWJC No. 5753 of 2018)

         which came to be disposed off on 21.02.2024 by holding as

         follows:-

                                             “4. Learned counsel for the
                                  State, on the other hand, submits that the
                                  petitioner has earlier moved before this
                                  Hon’ble Court in CWJC No. 5873 of 1997
                                  which was decided in his favour on
                                  24.08.2012 and subsequently, challenged
                                  by the Bank in LPA No. 1847/2012 which
                                  was dismissed vide order dated
                                  31.03.2016 and on this ground that the
                                  case of the petitioner has earlier looked
                                  by the single Bench as well as by the
                                  Division Bench, there is no need for him
                                  to move before the Tribunal and this case
                                  may be decided in the writ petition itself.”

                      3. Learned counsel for the appellant contended that
Patna High Court L.P.A No.197 of 2025 dt.01-04-2026
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         when the matter was pending before this Court since 2011 and

         the pleadings are complete; the Court should have adjudicated

         the matter on its own merit rather than passing the impugned

         order giving liberty to the petitioner to approach the Central

         Government Industrial Tribunal-cum-Labor Court.

                      4. Learned counsel for the respondent, on the other

         hand, submitted that the order was passed on consensus,

         therefore, should not be interfered with.

                      5. Learned counsel for the appellant, however,

         submitted that there is no consensus to pass such order. For

         ventilating his grievance, learned counsel has placed reliance on

         a decision rendered by the Hon’ble Supreme Court in the case of

         M/S Utkal Highways Engineers and Contractors -Vrs.- Chief

         General Manager & Ors., [Special Leave Petition (C) No.

         15596 of 2022], which is held as follows:-

                                             “Leave granted.
                                             2. Heard learned counsel for
                                  the parties.
                                             3. The order under challenge
                                  dated 15.03.2022 is passed by the High
                                  Court of Orissa at Cuttack in W.P.(C)
                                  No.8037 of 2011 whereby the writ petition
                                  filed by the appellant has been disposed
                                  of by relegating the writ petitioner (i.e.,
                                  the appellant herein) to avail alternative
                                  remedy.
                                             4. In the connected matter, the
                                  order under challenge is dated
                                  05.01.2022 passed by the same High
Patna High Court L.P.A No.197 of 2025 dt.01-04-2026
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                                  Court whereby W.P.(C) No.16899 of 2010
                                  filed by the appellant has been disposed
                                  of by relegating the writ petitioner (i.e.,
                                  the appellant herein) to pursue its remedy
                                  before the authority.
                                              5. The short submission of the
                                  learned counsel for the appellant in both
                                  the appeals is that the writ petitions were
                                  filed in the year 2010, parties had
                                  exchanged their affidavits, and the
                                  matters were ripe for final disposal. In
                                  these circumstances, without even
                                  adverting to the facts borne out from the
                                  affidavits exchanged by the parties, there
                                  was no justification for the High Court to
                                  relegate the appellant to avail other
                                  remedies.
                                              6. In the light of the aforesaid
                                  submission, we put a specific question to
                                  Mr. K.M. Nataraj, learned senior counsel
                                  representing respondent, as to whether
                                  parties had exchanged their affidavits in
                                  the course of the writ proceedings.
                                              7. Mr. K.M. Nataraj fairly
                                  stated that the parties had exchanged
                                  their affidavits. However, respondents had
                                  taken a plea that writ petitions related to
                                  a money claim, which had become barred
                                  by time, therefore, writ petition was not
                                  maintainable.
                                              8. Be that as it may, the High
                                  Court has not dealt with the merits of the
                                  writ petition. Moreover, it is not an
                                  inviolable rule that no money claim can
                                  be adjudicated upon in exercise of writ
                                  jurisdiction. Non-payment of admitted
                                  dues, inter alia, may be considered an
                                  arbitrary action on the part of
                                  respondents and for claiming the same, a
                                  writ petition may lie. Further, throwing a
                                  writ petition on ground of availability of
                                  alternative remedy after 10 years,
Patna High Court L.P.A No.197 of 2025 dt.01-04-2026
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                                  particularly,     when      parties    have
                                  exchanged their affidavits, is not the
                                  correct course unless there are disputed
                                  questions of fact which by their very
                                  nature cannot be adjudicated upon
                                  without recording formal evidence.
                                              9. The High Court, in the
                                  impugned orders, has not set out any
                                  factual foundation of the kind which may
                                  suggest that there were disputed questions
                                  of fact that necessitated recording of
                                  evidence.
                                              10. In these circumstances, we
                                  are of the view that the writ petition must
                                  be restored for fresh adjudication by the
                                  High Court. Consequently, we set aside
                                  the order of the High Court and restore
                                  the Writ Petition to its original number(s)
                                  for fresh adjudication in accordance with
                                  law.
                                              11. The Civil Appeal is
                                  disposed of in the above terms.
                                              12. Pending application(s), if
                                  any, shall stand disposed of.”

                      6. There is no dispute that against the impugned order,

         which was challenged before the writ Court, the alternative

         remedy is available with the Central Government Industrial

         Tribunal-cum-Labour Court and this fact could only be pointed

         out when it was taken up on 20.01.2025. Consequently, the

         learned Single Judge taking into account statutory alternative

         remedy, besides that, there has already been delay on account of

         the pendency of the matter before this Court, directed the

         concerned Court to expedite the matter and to pass order within
             Patna High Court L.P.A No.197 of 2025 dt.01-04-2026
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                      90 days with a further direction to the Bank to co-operate with

                      the proceedings and further directed that no unnecessary

                      adjournments is to be sought by the Bank. Therefore, on the face

                      of the order we do not find any perversity in the same.

                                      7. A Letters Patent Appeal before the Division Bench

                      is the power which is exercised in the appellate jurisdiction by

                      the High Court as a Court of correcting the error, if any, and if

                      there      is     no    evidence          of   any   perversity,   palpable,

                      unreasonableness or any inconsistency with any particular

                      position of law, the order cannot be interfered with in the

                      exercise of the appellate jurisdiction.

                                      8. In view of such settled position of law, since we do

                      not find any perversity, we are not inclined to interfere with the

                      same. Accordingly, the Letters Patent Appeal stands dismissed.




                                             (Sangam Kumar Sahoo, CJ)



                                                    (Harish Kumar, J)
shivank/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          03.04.2026
Transmission Date       NA


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