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2026 DAILYLAW 28864 (CAL)

PRASHANT KUMAR v. BANK OF MAHARASHTRA AND ORS.

WPO/319/2026 · 2026-07-17

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

O-5 ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE CONSTITUTIONAL WRIT JURISDICTION WPO/319/2026 PRASHANT KUMAR VS BANK OF MAHARASHTRA AND ORS. BEFORE: The Hon'ble JUSTICE REETOBROTO KUMAR MITRA Date : 17th July, 2026 Appearance: Mr. Debrup Bhattacharjee, Adv. Mr. Steven S. Biswas, Adv. …For the Petitioner Mr. Subhojit Saha, Adv. Mr. Ruchira Chatterjee, Adv. Ms. Sruti Datta, Adv. …For the Respondents The Court: The petitioner is an employee of the Bank of Maharashtra, against whom disciplinary proceedings had been initiated. The proceedings were terminated by an order of punishment dated February 14, 2025. Being aggrieved by such order, the petitioner had filed a writ petition being WPO 848 of 2025, which was disposed of by an order dated January 7, 2026 directing the appellate authority to dispose of the appeal preferred by the petitioner within a period of three months from the date of communication of the order, after giving an opportunity of hearing to the petitioner. The appellate authority has passed its order on February 5, 2026, which has been challenged in the present writ petition. 2 As it appears from the order and the records as disclosed with the writ petition, the appellate authority had proceeded to pass the order without giving an opportunity of hearing to the petitioner. This is a gross violation of the order passed by this Hon’ble Court dated January 7, 2026. In the circumstances aforestated, the order dated 5th February, 2026 is set aside. The appellate authority is directed to hear the matter afresh upon giving the petitioner an opportunity to hearing, with adequate prior notice. The petitioner will be at liberty to disclose further documents, if so advised, at the time of hearing before the appellate authority. The appellate authority will conclude the entire proceeding by September 15, 2026 by passing a reasoned order. With the aforestated directions, the writ petition is disposed of. There shall be not order as to costs. Urgent certified photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (REETOBROTO KUMAR MITRA, J.) JM