Allahabad High Court High Court

Kailash Prasad Verma (K.P. Verma) vs Union Bank Of India & Others on 27 January, 2010

Allahabad High Court
Kailash Prasad Verma (K.P. Verma) vs Union Bank Of India & Others on 27 January, 2010
Court No. - 29

Case :- WRIT - A No. - 3452 of 2010

Petitioner :- Kailash Prasad Verma (K.P. Verma)
Respondent :- Union Bank Of India & Others
Petitioner Counsel :- R.N. Sharma,B.K. Srivastava
Respondent Counsel :- Vivek Ratan

Hon'ble Satya Poot Mehrotra,J.

Hon’ble Kashi Nath Pandey,J.

The petitioner while working on the post of Manager in Union Bank of
India was placed under suspension, and the departmental proceedings were
taken against him. Ultimately, by the Order dated 13.08.2009 (Annexure-12
to the Writ Petition), the punishment of dismissal from service was awarded
to the petitioner.

The petitioner thereupon filed an Appeal before the Appellate Authority,
which was dismissed by the Order dated 25.11.2009 (Annexure-13 to the Writ
Petition).

Thereafter, the petitioner has filed the present Writ Petition.

Sri Vivek Ratan, learned counsel for the respondents has raised a
preliminary objection that the petitioner has got an alternative remedy of
filing review before the Reviewing Authority under the provisions of
Regulation 18 of the Union Bank of India Officer Employees’ (Discipline and
Appeal) Regulations, 1976.

We have considered the preliminary objection raised by Sri Vivek Ratan,
and we find merit in the same.

In view of the alternative remedy of review available to the petitioner under
the aforesaid Regulation, we are not inclined to exercise our writ jurisdiction
under Article 226 of the Constitution of India.

The Writ Petition is accordingly dismissed on the ground of availability of
alternative remedy to the petitioner.

Order Date :- 27.1.2010
Ajeet