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2025 DAILYLAW 47252 (ALL)

BHUPENDRA MOHAN CHATURVEDI v. CHAIRMAN AND M.D. BANK OF BARODA AND 3 OTHERS

WRIA/40174/2014 · 2025-09-14

Saurabh Shyam Shamshery

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 40174 of 2014 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. None appeared on behalf of petitioner, however, Sri Ashok Trivedi, learned counsel for respondents is present. 2. In present case, undisputedly, petitioner was served with a punishment order dated 15.02.2008 whereby a penalty of "reduction to lower in time scale of pay by 19 stages till his retirement or subsequent promotion and during the period of such reduction, he will not earn his normal annual increment, if any, and as such reduction shall have the effect of postponing his future increments" was passed and it was never challenged. 3. It appears that petitioner has concealed material fact and has not come up before this Court with clean hands that earlier a representation dated 23.07.2011 raising same issue was decided by an order dated 29.11.2011, which was neither brought on record nor challenged and still subsequent representation was again considered and similar order was passed and it has now been challenged before this Court. 4. Learned counsel for respondents refers relevant paragraphs of counter affidavit and its corresponding annexure. 5. In view of above, Court takes note of rejoinder affidavit filed by Versus Counsel for Petitioner(s) : Adarsh Kumar, B.N. Rai Counsel for Respondent(s) : Ashok Trivedi, S.C. Bhupendra Mohan Chaturvedi .....Petitioner(s) Chairman And M.D. Bank Of Baroda And 3 Others .....Respondent(s) petitioner and in paragraph 13, number of paragraphs are neither denied nor accepted and vaguely declared misconceived, therefore, Court finds that it is a case of concealment of facts and petitioner has not come up with clean hands as well as specific averments of respondents were replied in a vague manner. 6. In above circumstances, petitioner lacks bonafide, hence, present Writ Petition is dismissed with a cost of Rs. 5000/- to be deposited by the petitioner in High Court Bar Association within 8 weeks. 7. Registrar (Compliance) to take steps. September 15, 2025 N. Sinha WRIA No. 40174 of 2014 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad