Jiban Krishna Banik vs Tripura Gramin Bank & Ors.

Arindam Lodh, J

Heard Mr. Sankar Kr. Deb, learned senior counsel assisted by Mr. P. Debbarma, learned counsel appearing for the petitioner. Also heard Mr. P. Saha, learned counsel appearing for the respondent-Tripura Gramin Bank.

During the course of argument it comes to fore that the petitioner has not preferred statutory appeal as provided under Regulation 49 of the Tripura Gramin Bank (Officers and Employees) Service Regulations, 2010(for short, Regulations, 2010). The respondent-Tripura Gramin Bank has specifically pleaded in their counter affidavit “…that the Petitioner did not prefer any Departmental Appeal following the Provision 49 of Tripura Gramin Bank (Officers and Employees) Service Regulation, 2010 before the Appellate Authority of the Bank (i.e. the Board of Director) against the Final Order on Disciplinary Proceedings dated-24/11/2022 passed by the Disciplinary Authority of the Respondent Bank…”.

I have gone through the Regulation 49 of the said Regulations, 2010. It clearly lays down that:-

“49. Right to appeal.– (1) An officer or employee may prefer an appeal against any order passed under these regulations to the Appellate Authority mentioned in regulation 50 within a period of 45 days from the date of receipt of such order.

(2) The Appellate Authority shall decide the appeal and pass order preferably within a period of 6 months from the date of receipt of the appeal.”

Regulation 50 lays down as under:

“50. Appellate authority. – An appeal shall lie before. –

(i) the Board, where the Chairman is the Competent Authority; and

(ii) the Chairman, where any other officer is the Competent Authority.”

Since the statutory appeal is not exhausted, in my opinion, the instant writ petition should be dismissed in limine.

According, the instant writ petition stands dismissed.