Court No. - 3
Case :- WRIT - A No. - 8892 of 2018 Petitioner :- Puran Lal Respondent :- General Manager (Disciplinary Authority) Allahabad U.P. Gramin Bank Counsel for Petitioner :- Gopal Verma,Prashant Vardhan Counsel for Respondent :- Satish Kishore Kakkar
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Gopal Verma, learned counsel for the petitioner and Sri Satish Kishore Kakkar, learned counsel for the respondent/Bank.
The petitioner is an employee of the Bank and he is facing a disciplinary enquiry. He moved an application on 09.03.2018 seeking assistance of one Vimal Kumar Srivastava. The said application has been turned down by the impugned order dated 13.03.2018 on the ground that permission to engage him cannot be granted as he is no longer an employee of the Bank.
The argument of Sri Gopal Verma, learned counsel for the petitioner is that under the Allahabad U.P. Gramin Bank (Officers & Employees) Service Regulations 2010, the only restriction is for engaging a legal practitioner without permission of the competent authority. There is no bar in having the assistance of any employee or a retired employee of the Bank.
Sri Satish Kishore Kakkar, learned counsel on the other hand, has supplied the copy of the Vigilance Manual of the Allahabad U.P. Gramin Bank which contains resolution dated 08.02.2014 of the Board of its Director. The said resolution forms part of the departmental instructions. It provides that the charge employee may take the assistance of any other employee provided his case consent is taken and the permission from the competent authority. It further lays down that the request will not be considered where the employee to be appointed as defence assistance is not in active service of the Bank, who is under suspension or who has been compulsorily retired or who has removed/dismissed from service of the Bank and who is already giving assistance in two pending disciplinary cases.
At this stage learned counsel for the petitioner requested that instead of going into the merits of the case, he may be permitted to withdraw the writ petition. Sri Kakkar has no objection to such a request.
In view of the above, without making any comments on the legality of the order impugned in the writ petition, we dismiss the petition as withdrawn.
Order Date :- 28.3.2018 Israr