Case Details: Amrendra Jha vs. Punjab National Bank [2026] 185 taxmann.com 715 (HC-Patna)
Judiciary and Counsel Details
- Sangam Kumar Sahoo, CJ. & Harish Kumar, J.
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Nalin Vilochan Tiwary, Avinash Kumar, Ajay Kumar Mehta & Kumar Satyam, Advs. for the Appellant.
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Mritunjay Kumar, Ajit Kumar & Suryakant Kumar, Advs. for the Respondent.
Facts of the Case
In the instant case, the appellant was an employee of the respondent bank. Disciplinary proceedings were initiated against the appellant, and the Disciplinary Authority imposed punishment of compulsory retirement, which the Appellate Authority affirmed.
The appellant filed a writ petition seeking the quashing of the appellate order affirming the punishment. When the writ petition was taken up, the respondent bank raised a preliminary objection to its maintainability on the ground that a statutory alternative remedy was available before the Central Government Industrial Tribunal-cum-Labour Court.
Taking note of the statutory alternative remedy and the delay attributable to the long pendency of the writ, the Single Judge directed the appellant to approach the Central Government Industrial Tribunal-cum-Labour Court, ordered expeditious disposal within 90 days, and directed the bank to cooperate and avoid unnecessary adjournments.
It was noted that Letters Patent Appeal before the Division Bench is a power exercised in appellate jurisdiction by the High Court as a Court of correction of errors, if any. If there is no evidence of any perversity, palpable unreasonableness or any inconsistency with any particular position of law, order cannot be interfered with in the exercise of appellate jurisdiction.
High Court Held
The High Court held that since there was no perversity in the order of the Single Judge, the Letters Patent Appeal against said order was to be dismissed.
List of Cases Referred to
- Awadhesh Singh v. Punjab National Bank [CWJC No. 5753 of 2018] (para 2)
- Utkal Highways Engineers and Contractors v. Chief General Manager [Special Leave Petition (C) No. 15596 of 2022] (para 5).
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