Patna High Court

The Chief Manager, Personal Administration DivisionversusAshok Kumar Jha

Decided: 30 January 2026
Disposal: DISPOSED
Bench: HARISH KUMAR

Holding

The modification application is dismissed as infructuous because the departmental proceeding has already concluded.

Summary

The Punjab National Bank (PNB) filed an application seeking a further two‑month extension to conclude a departmental disciplinary proceeding, modifying a prior order dated 29‑11‑2024 that had remanded the matter to the disciplinary authority to start afresh and finish within six months. The bank argued that despite efforts, the proceeding could not be completed within the prescribed period and had earlier filed a modification application on 19‑05‑2025, along with an interlocutory application for an additional one‑month extension. However, before the court could consider the modification, the departmental proceeding was completed. The court noted that the purpose of the modification application—to obtain more time—was no longer relevant because the proceeding had already concluded. Consequently, the court held that the application had become infructuous. The application was therefore disposed of by the court.

Issues considered

Whether a modification application seeking extension of time for a departmental proceeding remains maintainable when the proceeding has already been concluded.

Subjects

departmental proceeding
disciplinary authority
time extension
modification application
infructuous
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1868 of 2025
                                                     In
                               Civil Writ Jurisdiction Case No.9367 of 2015
                 ======================================================
           1.     The Chief Manager, Personal Administration Division Head Office, Punjab
                  National Bank, New Delhi.
           2.    The General Manager-cum-Appellate - Authority, Personal Administration
                 Division, Head Office, Punjab National Bank, New Delhi.
           3.    The Assistant General Manager-Cum-Disciplinary- Authority, Circle Office,
                 HRD Section, Biharsharif.
           4.     The Senior Manager-cum-Enquiry Officer, Circle Office, Punjab National
                  Bank, Biharsharif.
                                                                                ... ... Petitioner/s
                                                   Versus
                 Ashok Kumar Jha S/o Sadanand Jha, Ex-Manager, Branch Office Jamui and
                 Resident of Mohalla/Village Surihari, Post office- Surihari, Amarpur, District-
                 Bhagalpur.
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Suresh Pd.Singh No.1, Adv.
                 For the Opposite Party/s :      Mr. Avinash Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   30-01-2026                  Heard Mr. Suresh Pd. Singh No. 1, learned Advocate

                   for the Punjab National Bank and Mr. Avinash Kumar, learned

                   Advocate for the sole respondent.

                                2. The present application has been filed seeking

                   extension of two months further time for conclusion of the

                   departmental proceeding by modifying order dated 29.11.2024,

                   passed in CWJC No. 9367 of 2015 by a Bench of this Court

                   whereby the Court has remanded the matter to the disciplinary

                   authority to proceed afresh with the departmental proceeding from

                   the defective stage and conclude the same within six months
            Patna High Court MJC No.1868 of 2025(3) dt.30-01-2026
                                                        2/2




                      from receipt of the copy of the order.

                                   3. Learned Advocate for the petitioner submits that

                      despite best efforts, the proceeding could not be concluded

                      within the time frame prescribed and prior to the completion of

                      six months, the petitioner had moved before this Court by filing

                      a modification application on 19.05.2025 itself. It is also

                      submitted that during the pendency of the present modification

                      application, an interlocutory application bearing I.A. No. 01 of

                      2025 has also been filed for extension of one month further time

                      to conclude the departmental proceeding. However, it is fairly

                      contended that the matter could not be taken up and, in the

                      meantime, the departmental proceeding has also been

                      concluded.

                                   4. Having considered the submissions advanced by

                      learned Advocate for the petitioner Bank and taking note of the

                      fact that now the departmental proceeding has already

                      concluded, the present modification application has become

                      infructuous, accordingly the same stands disposed off.



                                                  (Harish Kumar, J)
shivank/-

U

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