Court No. - 43
Case :- WRIT - A No. - 6629 of 2019 Petitioner :- Vimal Kumar Srivastava Respondent :- Allahabad Bank Through Deputy General Manager And 3 Others Counsel for Petitioner :- Babu Lal Ram Counsel for Respondent :- Pashupati Nath Tripathi
Hon'ble Ashwani Kumar Mishra,J.
An order of punishment was passed by the disciplinary authority against the petitioner on 12th June, 2004. A penalty of reduction of basic pay by seven stages with cumulative effect in his time scale of pay was imposed. Petitioner's basic pay, therefore, stood reduced from Rs.15,000/- to Rs. 12,540/-. This order was not challenged further. It is only in the year 2010 that some representations were made and again in the year 2018 they have been rejected. This petition has now been filed challenging the order dated 12th June, 2004 as well as subsequent orders of 24th December, 2018 and 27th December, 2018 rejecting petitioner's representations.
An objection is taken by Sri P.N. Tripathi for the respondents to the maintainability of writ petition on the ground that the order of 12th June, 2004 having not been challenged at that stage, it would not be open for the petitioner to challenge the said order now, merely because a representation filed much belatedly stood rejected.
From the materials brought on record, this Court finds that the initial order of punishment passed against the petitioner on 12th June, 2004 has not been challenged. Petitioner continued to work and only when he was about to retire some presentations have been made, which have been rejected. Petitioner has otherwise superannuated on 31st December, 2018. It is thereafter that an attempt is made to challenge the order passed on 12th June, 2004. Such belated challenge without any justifiable cause is not liable to be entertained in exercise of jurisdiction under Article 226 of the Constitution of India.
Writ petition, accordingly, is dismissed.
Order Date :- 29.4.2019 Anil