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Patna High Court

Pooja KumariversusThe State Bank of India through Shri Anurag Joshi, Chief General Manager

Decided
Disposal
DISPOSED

Holding

The Court held that the bank had complied by passing a final order, so no contempt existed and the contempt proceeding was closed.

Summary

Petitioner Pooja Kumari, a State Bank of India employee, sought reconsideration of a transfer grievance after the High Court ordered the bank to pass a reasoned order within 30 days. The bank issued a final order through its Assistant General Manager, which the petitioner claimed did not comply with the Court’s directive, leading her to file a contempt application. The bank argued that any further grievance could be raised by filing an appropriate application. The Court examined the submissions and found that the bank had indeed issued a final order, thereby satisfying the earlier direction. Consequently, the Court saw no basis to continue the contempt proceeding and closed the contempt petition, while allowing the petitioner to challenge the bank’s order in the appropriate forum if desired.

Issues considered

  • Whether the bank's issuance of a final order amounts to willful disobedience of the High Court's order, constituting contempt.
  • Whether the petitioner must be compelled to file a fresh application to challenge the bank's order, or if the contempt proceeding should be continued.

Subjects

  • contempt
  • writ jurisdiction
  • bank transfer
  • employee rights
  • reasoned order
  • court compliance
  • civil procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2825 of 2025
                                                        In
                                Civil Writ Jurisdiction Case No.10090 of 2025
                 ======================================================
                 Pooja Kumari Daughter of Raj Kumar Singh and Wife of Ravi Ranjan Kumar
                 Resident of Vill.- Galchaur, P.S.- Krishnagarh, Dist.- Bhojpur (Ara), presently
                 residing at Flat No.- 406, Block- B, Pataliputra Heritage Apartment, Gandhi
                 Nagar, Near Pataliputra Station, P.S.- Digha.

                                                                                ... ... Petitioner/s
                                                  Versus
           1.    The State Bank of India through Shri Anurag Joshi, Chief General Manager
                 State Bank of India, Local Head Office, West Gandhi Maidan, Patna-
                 800001.
           2.    Kumari Nivedita, Assistant General Manager, Human Resources/Industrial
                 Relations Department, State Bank of India, Local Head Office, West Gandhi
                 Maidan, Patna- 800001.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Bipin Krishna Singh, Adv.
                                                Mr. Kundan Kumar Sinha, Adv.
                 For the Opposite Party/s :     Mr. Rakesh Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   06-02-2026                  Heard the parties.

                                 2. Application is filed for initiation of a contempt

                   proceeding against the concerned opposite parties for their

                   willful and deliberate disobedience of the order dated

                   07.07.2025 passed in C.W.J.C. No. 10090 of 2025 by a Bench of

                   this Court. By the order under contempt, the learned Court while

                   disposing the writ petition has been pleased to observe as

                   follows:-

                                                         “10. Taking into consideration the
                                                         fact that the respondent-Bank
                                                         itself wrongly transferred the
Patna High Court MJC No.2825 of 2025(3) dt.06-02-2026
                                            2/3




                                                   petitioner way back in the year
                                                   2021 and the said wrong done by
                                                   the Bank has been rectified by
                                                   them after about three and half
                                                   years of her transfer. Further
                                                   taking into consideration the fact
                                                   that in between the petitioner,
                                                   being a lady, got her marriage
                                                   with one employee of the bank
                                                   itself, who is posted at Patna, the
                                                   guidelines       as       mentioned
                                                   hereinabove permit the spouse to
                                                   be posted at the place of posting
                                                   of her spouse or nearby place.
                                                   Thus, on these grounds, I am of
                                                   the view that this petition can be
                                                   disposed      of    directing    the
                                                   respondent-Bank to reconsider the
                                                   claim of the petitioner afresh and
                                                   pass a reasoned order.
                                                   11. Accordingly, the petition is
                                                   disposed of. The respondent-Bank
                                                   is directed to reconsider the claim
                                                   of the petitioner and pass a
                                                   reasoned order as early as
                                                   possible within 30 days from
                                                   today.”
                       3. It is the contention of the petitioner that despite the

          order having been passed by this Court to consider the claim of

          the petitioner in view of the findings given in the afore-noted

          order, the opposite party bank has failed to consider the same

          and pass the so called reasoned order on 30.07.2025, hence in

          any view of the matter, there is no compliance of the order of

          this Court in its letter and spirit.

                       4. Learned Advocate for the Bank refuting the afore-
             Patna High Court MJC No.2825 of 2025(3) dt.06-02-2026
                                                         3/3




                       noted contention submitted that once the bank has passed the

                       reasoned and speaking order, if the petitioner has any grievance,

                       he may assail that order by filing an appropriate application.

                                    5. Having considered the submissions advanced by

                       learned Advocate for the respective parties and taking note of

                       the fact that on representation of the petitioner, a final order has

                       been passed by the Assistant General Manager of the State Bank

                       of India. This Court does not find any reason or occasion to

                       continue with the present contempt proceeding, accordingly the

                       same stands closed.

                                    7. However, the petitioner shall be at liberty to assail

                       the afore-noted order by filing an appropriate application before

                       the appropriate forum, if so advised.



                                                   (Harish Kumar, J)
supratim/-

U


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