IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12530 of 2010 1. BIRENDRA KUMAR SINGH S/O LATE INDRA DEO SINGH R/O ADARSH NAGAR, OPPOSITE CHAKBANDI OFFICE, NEAR PIRBABA, MAHADEVA ROAD, P.O.SIWAN, P.S.SIWAN, DISTT-SIWAN Versus 1. THE CENTRAL BANK OF INDIA , THROUGH ITS CHAIRMAN-CUM- MANAGING DIRECTOR CENTRAL OFFICE, CHANDERMUKHI, NARIMAN POINT, MUMBAI-400001 2. THE CHAIRMAN-CUM-MANAGING DIRECTOR, CENTRAL BANK OF INDIA CENTRAL OFFICE, CHANDERMUKHI, NARIMAN POINT, MUMBAI-400001 3. THE ZONAL MANAGER-CUM-DEPUTY GENERAL MANAGER-CUM- APPELLATE AUTHORITY, CENTRAL BANK OF INDIA ZONAL OFFICE, PAWAPURI VIHAR, N.H.28, BHAGWANPUR, MUZAFFARPUR 4. THE REGIONAL MANAGER-CUM-DISCIPLINARY AUTHORITY, CENTRAL BANK OF INDIA NEAR HEAD POST OFFICE, SIWAN 5. SRI A.K.BOSE PRESENTLY POSTED AS ASSISTANT GENERAL MANAGER, CENTRAL BANK OF INDIA, LUCKNOW MAIN BRANCH, 72, HAZRATGANJ, LUCKNOW ----------- 3. 23.08.2010. Heard learned counsel for the petitioner and M/S Bimlendu Mishra and Ranjit Sinha, both Advocates for the Central Bank of India (hereinafter referred to as the “Bank”). 2. Petitioner served as Head Cashier in the Majhaulia Branch of the Bank situate within Siwan region, is aggrieved by the dismissal order dated 5.3.2008 passed by Sri A.K. Bose, disciplinary authority/Assistant General Manager of the Bank, communicated to him under Memo No. 2105 dated 17.3.2008, Annexure-1. He is also aggrieved by the appellate order dated 4th February, 2009, Annexure-2, whereunder the dismissal order has been affirmed. The ground of challenge taken against the two orders is very - 2 - simple. It is submitted on behalf of the petitioner that he was proceeded against departmentally pursuant to charge-sheet dated 20th April, 2007 in response whereto he submitted his written defence which was considered by the Enquiry Officer who submitted report dated 31.10.2007. Under letter dated 30.11.2007, Annexure-4 Sri A.K.Bose, disciplinary authority communicated the enquiry report to the petitioner calling upon him to make submission on the findings recorded in the enquiry report. Petitioner submitted his submission disputing the findings recorded by the Enquiry Officer to the disciplinary authority Sri A.K.Bose who issued second show-cause notice in the matter after Sri A.K.Bose was transferred to the main Branch of the Bank at Lucknow vide second show-cause notice dated 1.2.2008, Annexure-7 perusal whereof indicates that the same is issued from Lucknow. In response to the notice dated 1.2.2008 petitioner submitted his second show-cause reply which was also considered by Sri Bose at Lucknow and he passed the dismissal order dated 5.3.2008 at Lucknow which was communicated to the petitioner by the Regional Manager, Siwan under letter no. 2105 - 3 - dated 17.3.2008, Annexure-1. Highlighting the ground that after his transfer Sri A.K.Bose was not competent to deal with the enquiry report submitted against the petitioner and his successor in office at Siwan should have dealt with the matter petitioner challenged the dismissal order before the appellate authority. The appellate authority without considering the aforesaid submission under order dated 4th February, 2009, Annexure-2 dismissed the appeal. During the preliminary hearing of the writ petition on the earlier occasion i.e. 5.8.2010 counsel for the petitioner submitted before this Court that original punishment order ought not to have been passed by Sri Bose after his transfer from Siwan to Lucknow. 3. Counsel for the Bank has not filed any counter affidavit but confirms the position on the basis of the instructions received that Sri A.K.Bose was transferred from Siwan and after his transfer to Lucknow issued impugned second show-cause notice as also passed dismissal order, Annexure-1. After Sri A.K.Bose was transferred from Siwan to Lucknow he ought not to have dealt with the enquiry report submitted against the - 4 - petitioner and his successor Sri M.P.Katiyar who communicated the dismissal order to the petitioner under memo dated 17.3.2008 should have dealt with the matter. 4. In the light of the aforesaid factual position, I set aside the dismissal order dated 5.3.2008 and appellate order dated 4th February, 2009, Annexures 1 and 2 and remit back the matter to Regional Manager at Siwan directing the Regional Manager to issue fresh second show- cause notice to the petitioner and after receipt of the reply to deal with the same in accordance with law. As the petitioner was under suspension at the time of passing of the dismissal order, he shall continue to remain under suspension and shall be paid subsistence allowance until fresh order is passed on his second show-cause reply. The question of arrears of salary for the period between the date of earlier dismissal till the date of this order shall be subject to the result of the proceeding. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)