Patna High Court (Single Judge)

Civil Writ, 24521 of 2019, Judgment Date: Mar 05, 2020

IN THE HIGH COURT OF JUDICATURE AT PATNA 

Civil Writ Jurisdiction Case No.24521 of 2019 

Gunjan Kumar.... ... Petitioner/s 

Versus 

The Management of Circle Head Punjab National Bank, .. Respondent/s 

HONOURABLE MR. JUSTICE MADHURESH PRASAD 

ORAL JUDGMENT 

Date :05-03-2020 

        Heard learned counsel for the petitioner and learned counsel for the Respondent-Bank. After participating in a selection process, the petitioner was recruited to the Clerical Cadre of the Respondent-Bank. He reported for duty on 11.03.2013, when he was informed that a complaint had been made by one Chandan Kumar, cousin of the petitioner, alleging irregularity in his recruitment. The petitioner, therefore, was called upon to file affidavit before joining was accepted. The petitioner was allowed to join the service of the Bank on 13.03.2013. He underwent training and reported for duty on 25.3.2013 at Darbhanga. 

        On 21.5.2013, the petitioner was directed to appear before Patna High Court CWJC No.24521 of 2019 dt.05-03-2020 2/10 a Committee constituted by the Bank of New Delhi to submit his explanation in response to complaint raised by Chandan Kumar. On 18.02.2014 , the charge memo was served upon the petitioner alleging that on 11.12.2011, another person had appeared in place of the petitioner in the written examination. . 

The impersonator had put his signature and thumb impression which differed from the petitioner’s signature and thumb impression available with the Bank records. For gaining  appointment by adopting such unfair means for selection in the Bank, the petitioner was proceeded against with the aforesaid allegation in terms of Clause 5(m) and 5(o) of Bipartite Settlement dated 10.04.2002.

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