IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1221 of 2017 ======================================================

Shashi Bhushan Kumar Ojha Son of Sri Ram Sanjiwan Ojha, resident of Mohalla - New Area, Sikandarpur Behind Zarda Factory , P.S. Muzaffarpur Town , District - Muzaffarpur ... ... Petitioner/s Versus

1. Uttar Bihar Gramin Bank, Kalambagh Chowk, Muzaffarpur through its General Manager.

2. Chairman, Uttar Bihar Gramin Bank, Kalambagh Chowk, Muzaffarpur

3. General Manager, Uttar Bihar Gramin Bank, Kalambagh Chowk, Muzaffarpur

4. Regional Manager, Uttar Bihar Gramin Bank, Siwan

5. Branch Manager, Uttar Bihar Gramin Bank, Amori Siwan ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Chakrapani, Advocate Mr. Deepak, Advocate For the Respondent/s : Mr. Prabhakar Jha, Advocate Mr. Amitesh Jha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI C.A.V. JUDGMENT Date : 24-02-2026 In the instant writ petition, the point for determination is as to whether an employee of Uttar Bihar Gramin Bank could be dismissed from service after his retirement on superannuation.

2. The petitioner was an Officer of Uttar Bihar Gramin Bank, he was superannuated on 31.01.2016 while he was holding the charge of Officer, Scale-II, Branch Sahwajpur-I under Muzaffarpur (East), Regional Office.

3. While he was in service, he was served with a memorandum of charge for disciplinary proceeding on 09.04.2016. After holding departmental inquiry, the Inquiry Authority held in guilty holding Charges Nos.1, 3, 4, 5, 7 and 9 fully proved and Charges Nos.2 and 6 partially proved. The Disciplinary Authority communicated the report of the Inquiry Authority and directed him vide letter dated 18/19.02.2016 (Annexure-P/4) to submit second show cause. The petitioner submitted the second show cause it was duly considered by the Disciplinary Authority and he passed an order of dismissal, which shall ordinarily be a disqualification for future employment in terms of Regulation 39(1)(b)(v) of Uttar Bihar Gramin Bank (Officers and Employees) Service Regulations- 2010. The record of the writ petition further shows that the petitioner preferred an appeal against the said order of dismissal. The appeal was disposed of by the Appellate Authority vide order dated 05.10.2016, affirming the order of dismissal passed by the Disciplinary Authority.

4. The petitioner raising the question of authority of the Disciplinary Authority as well as the Appellate Authority has raised the question as to whether the order of dismissal after superannuation can be passed by the respondents and invoked the jurisdiction of Article 226 of the Constitution of India praying for issuance of writ in the nature of certiorari quashing the order passed by the Disciplinary Authority on 20.04.2016 and affirmed by the Appellate Authority on 05.10.2016. The petitioner has also prayed for issuance of writ in the nature of mandamus commanding the respondent-Bank to pay all the pre and post retiral dues to the petitioner with interest on quashing the order of dismissal.

5. This Court hears the learned Advocate on behalf of the petitioner and the learned Advocate on behalf of the respondent Bank.

6. The learned Advocate for the respondent Bank refers to the relevant Rule under the name and style of Uttar Bihar Gramin Bank (Officers and Employees) Service Regulations-2010. Rule 39 empowers the Disciplinary Authority to pass major penalties in appropriate cases of compulsory retirement, removal from service which shall not be a disqualification for future employment. The petitioner was dismissed from his service, which shall ordinarily be a disqualification for future employment.

7. The learned Advocate for the Bank next refers to Rule 45 of 2010 Regulations, which describes continuation of disciplinary proceeding after retirement. Rule 45 runs thus:-

“Disciplinary proceedings aft