IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4390 of 2010 RUPAK KUMAR S/O BRAJ BHUSAN MISHRA HANUMAN NAGAR, KANKARBAGH, P.S.- PATRAKAR NAGAR, P.O.- LOHIA NAGAR, DISTT.- PATNA Versus 1. THE STATE BANK OF INDIA, PATNA THROUGH ITS DEPUTY GENERAL MANAGER (VIGILANCE), VIGILENCE DEPTT., STATE BANK OF INDIA, LOCAL HEAD OFFICE, PATNA 2. THE GENERAL MANAGER-NW-1, STATE BANK OF INDIA, LOCAL HEAD OFFICE, PATNA 3. THE ASSISTANT GENERAL MANAGER (ADMINISTRATION), STATE BANK OF INDIA, ADMINISTRATIVE OFFICE, J.C.ROAD, PATNA ----------- 02. 25.03.2010 Heard learned counsel for the petitioner and the State Bank of India. 2. Petitioner is aggrieved by the order of the Assistant General Manager(Administration), State Bank of India dated 22.1.2010, Annexure-1, whereunder he has been asked to appear before the Enquiry Officer to answer the charge levelled against him, failing which the Enquiry Officer will proceed ex parte. 3. It is submitted on behalf of the petitioner that for same charge earlier enquiry was concluded in view of admission of guilt by the petitioner and punishment was proposed under memo dated 29.5.2009, Annexure-7 calling upon the petitioner to show cause as to why punishment proposed be not inflicted. Having received the notice proposing the punishment petitioner did not respond to such notice as he accepted the proposed punishment. The impugned order dated 22.1.2010, Annexure-1 recalling the notice is contrary to the provisions contained in Clause-12E 2 of the memorandum of settlement on disciplinary action procedure for workmen dated 10.4.2002, which was circulated under circular letter dated 5.8.2002, Annexure- 15. 4. Let petitioner represent before the Enquiry Officer that the subsequent enquiry proceeding is contrary to the memorandum of settlement on disciplinary action referred to above as also of the contents of letter dated 6.6.2009, Annexuure-9. The Enquiry Officer shall be obliged to consider the submission noted above and to pass appropriate orders in accordance with law as early as possible, in any case within a reasonable time. 5. This writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)