ABINASH CHANCHAL Vs. STATE BANK OF INDIA
LAWS(PAT)-2022-3-14
HIGH COURT OF PATNA
Decided on March 24,2022

Abinash Chanchal Appellant
VERSUS
STATE BANK OF INDIA Respondents




JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) In the instant petition, petitioner has prayed for the following relief/reliefs: "That this is an application for issuance of a writ in the nature of certiorari for quashing of the order dtd. 2/11/2015 issued under the signature of the Disciplinary Authority-Cum-Regional Manager, Regional Business Office, State Bank of India, Saharsa whereby and where under a penalty of Removal from service with superannuation benefits in terms of paragraph 6 (b) of the Memorandum of Settlement dtd. 10/4/2002 has been inflicted upon the petitioner for the reasons indicated in the charge memo dtd. 8/1/2015 and on the basis of the enquiry report dtd. 18/9/2015 according to which the petitioner was found to be guilty of gross misconduct. Appeal against the order dtd. 2/11/2015 was dismissed. Since the Appellate Authority seems to have found no irregularity in the order dtd. 2/11/2015 and therefore, removal order has not been interfered with by the Appellate Authority. Therefore, the Appellate order dtd. 16/2/2016 affirming the punishment of removal is also made impugned to the writ application."
(3.) Petitioner has a statutory remedy before the appropriate forum either before the Industrial Tribunal or Central Government Industrial Tribunal (C.G.I.T.) having regard to the status of the petitioner read with the official respondents' status. Hence, the present petition is premature in not exhausting the alternative remedy of appeal/application/industrial dispute.;


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