IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.911 of 2008 ----- Rabindra Nath Mishra, son of late Bhirgunath Mishra, resident of Mohalla- Society Colony, West Prabhu Nath Nagar, Police Station- Chapra Muffasil, District-Saran. … Petitioner/Appellant Versus 1. The Chairman and Managing Director, UCO Bank, 10, Biplabi Trilokya Maharaj Sarani, Barabourne Road, Kolkata-700 001. 2. The General Manager (Personnel), UCO Bank, 10, Biplabi Trilokya Maharaj Sarani, (Barabourne Road), Kolkata-700 001. 3. The Regional Manager, UCO Bank, Regional Office, Patna. 4. The Manager, UCO Bank, Chapra. Respondents/ Respondents ----------- For the appellant : Mr. K.N.Singh, Senior Advocate Mr. Sanjay Kumar Singh, Advocate For the respondents : Mrs. Nilu Agrawal, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal -------- Dated, the 20th November, 2008. The counsel for the appellant confines his grievance to the award of cost and not in respect of the order whereby writ petition has been dismissed. 2. Having reflected over the matter thoughtfully, we are of the view that the facts of the case did not warrant award of cost to the respondents while dismissing the writ petition. If the representation dated 06th August, 2005 made by the present appellant to the - 2 - Chairman and Managing Director UCO Bank was not tenable in law, it could have been rejected by him but by making such a representation, it cannot be said that the appellant intended to harass the Bank. 3. Consequently, we dispose of the appeal by the following order: (i) Although the order dated 29th September, 2008 dismissing the writ petition is maintained, the order of cost is set aside. (ii) If the amount of cost has been recovered from the appellant from his pension or post retiral benefits, the said amount would be repaid while making payment of pension and retiral benefits to the appellant. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil