Patna High Court · 2013

Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 10

163. Bijendra Kr. Yadav S/O Sri Jagdev Yadav R/O Village- Madhura, P.S.- Sour Bazar, Distt.- Saharsa, Link Branch- Dangarhi, B.F. Code No. 88826700 164. Sanjeev Kumar Singh S/O Sri Surya Narayan R/O Mohalla- Shivpuri, Ward No. - 14, P.S.- Saharsa, Distt.- Saharsa, Link Branch- Sardiha, B.F. Code No. 88810900 165. Shailendra Kr. Singh S/O Jagdish Prasad Singh R/O Village- Bishnupurdiha, P.S.- Singhia, Distt.- Samastipur, Link Branch- Singhia, B.F. Code No. 88814500 166. Ashutosh Kr. Singh S/O Sri Gajendra Pd. Singh R/O Mohalla + P.S.- Tax Point, Kachari Road, Kashipur, Distt.- Samastipur, Link Branch- AMY, Mathurapur, B.F. Code No. 88836200 167. Dinesh Kumar S/O Sri Kaleshwar Ray R/O Village- Madhopur, P.S.- Kashipur, Distt.- Samastipur, Link Branch- Kishipur, B.F. Code No. 88868300 168. Pawan Kumar Singh S/O Sri Pramod Singh R/O Mohalla- West Of Dumar A Place, Karpoori Path, Kashipur, P.S. + Distt.- Samastipur, Link Branch- ADB, Samastipur, B.F. Code No. 1953/28 169. Sandeep Kr. Ray S/O Surya Ray R/O Village- Saranagar, P.S.- Tajpur, Distt.- Samastipur, Link Branch- Morwa, B.F. Code No. 1/06562/30 170. Rajan Kumar S/O Sone Lal Sah R/O Village- Latbasepura, P.S.- Musarigharari, Distt.- Samastipur, Link Branch- Musheigharari, Distt.- Samastipur, Link Branch- Musheigharari, B.F. Code No. 88836000 171. Abdesh Kumar S/O Sri Brahdeo Podar R/O Village- Katharwanni, P.S.- Rosera, Distt.- W. Champaran, Link Branch- Rosera, B.F. Code No. 88813900 172. Ramdeo Mahto S/O Late Lakhan Mahto R/O Village-Mirjapur, P.S.- Rosera, Distt.- Samastipur, Link Branch- Rosera, B.F. Code no. 49060000 173. Pankaj Kumar Singh S/O Sri Harendra Kumar Singh R/O Village + P.S.- Singhiya, Distt.- Samastipur, Link Branch- Singhia, B.F. Code No. 88814600 174. Baidyanath Ray S/O Sri Mahendra Ray R/O Village-Pyarepur, P.S.- Patory, Distt.- Samastipur, Link Branch- Patori, B.F. Code No. 02291/27 175. Rajesh Kumar Chaudhry S/O Sri Kapildev Chaudhry R/O Village- Narhan, P.S.- Bibhutipur, Distt.- Samastipur, Link Branch- Bibhutipur, B.F. Code No. 88868400 176. Kumar Lalan S/O Sri Dina Nath Singh R/O Village- Baksanda, P.S.- Parsa, Distt.-Saran, Link Branch- Parsa, B.F. Code No. 8pq60000 177. Mukesh Kumar Singh S/O Sri Birendra Kr. Singh R/O Village- Bhajauna, P.S.- Majhi, Distt.- Saran, Link Branch- Mohammadpur, B.F. Code No. 8ck90000 178. Randhir Kumar Singh S/O Ram Nagina Singh R/O Village- Ghurapali, P.S.- Banpura Ghurapali, District- Chapra (Saran), Link Branch- Mohammadpur, B.F. Code No. 88838300 179. Neelkamal S/O Sri Kashi Prasad Singh R/O Village + P.S.- Taraiya, Distt.- Chapra (Saran), Link Branch- ADB Taraiya, B.F. Code No. 88840400 180. Praksh Chandra Jha S/O Sri Tarakant Jha R/O Village + P.S.- Sheohar, District- Sheohar, Link Branch- Sheohar, B.F. Code No. 88816800 181. Arun Kumar S/O Late Mathura Prasad R/O Mohalla- Jaiprakash Path, Dumara Road, Ward No.-26, P.S. + Distt.- Sitamari, Link Branch- ADB, Sitamarhi, B.F. Code No. 88844800 Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 11

182. Sujeet Kumar S/O Sri Kaushal Kishore Mishra R/O Village- Kachor, P.S.- Kanhaauli, Distt.- Sitamari, Link Branch- Dostiya, B.F. Code No. 88845500 183. Ramesh S/O Lt. Sambhu Srivastwa R/O Mohalla- Old Exchange Road, Ward No. 26, Satdevpuri, P.S. + Distt.- Sitamari, Link Branch- Bairganiya, B.F. Code No. 88869600 184. Narendra Narayan Prasad S/O Sri Mahendra Prasad R/O Mohalla- Purani Bazar, Pankaj Med. Hall, P.O.+P.S.- Jankpuri, Distt.- Sitamari, Link Branch- Janakpuri, B.F. Code No. 88816500 185. Shailesh Kumar S/O Late Shaym Sundar Chaudhry R/O Village + P.S.- Parihar, Distt.- Sitamari 186. Guddu Kumar Singh S/O Sri Suresh Pd. Singh R/O Village + P.S.- Jirawa, Distt.- Siwan 187. Shashi Bhushan Pandey S/O Kanwar Pandey R/O Village- Baheliya, P.S.- Guthani, Distt.- Siwan, Link Branch- Miarwa, B.F. Code No. 8u450000 188. Arun Kumar Yadav S/O Chandrika Pd. Yadav R/O Village + P.S.- Raghunathpur, Distt.- Siwan, Link Branch- Raghunathpur, B.F. Code No. 8v390000 189. Anil Kumar S/O Late Madan Singh R/O Village- Sihoutabangra, P.S.- Mahrajganj,Distt.- Siwan, Link Branch- Maharajganj,B.F. Code No. 88839500 190. Ghanshyam Kr. Jaiswal S/O Late Phuleshwar Chaudhry R/O Mohalla- Chakla Nirmali, W.No.-06, P.O.+P.S.+Distt.- Supaul, Link Branch- Supaul Main, B.F. Code No. 88811300 191. Mandan Jha S/O Sri Bedanand Jha R/O Village- Dagmara, P.S.- Kunaunli, Distt.- Supaul, Link Branch- Dagmara, B.F. Code No. 88862200 192. Umesh Kumar Chaudhry S/O Sri Dev Narayan Chaudhry R/O Village- Maladh, P.S.- Kishanpur, Distt.- Supaul, Link Branch- Kishinpur, B.F. Code No. 8md9000 193. Niraj Kumar S/O Late Amar Nath Singh R/O Village- Ghoshwar, P.S.- Hajipur, Distt.- Vaishali, Link Branch- Harnauli, B.F. Code No. 88840200 194. Suman Kr. Singh S/O Sri Shiv Mangal Pd. Singh R/O Village- Ghoshwar, P.S.- Hajipur, Distt.- Vaishali, Link Branch- Bhagawanpur, B.F. Code No. 88815600 195. Jitendra Ray S/O Sri Mahesh Ray R/O Village- Rupasipus, P.S.- Mahnar, Vaishali, Link Branch- Jandhaha, B.F. Code No. 8v440000 196. Surya Kant Prasad S/O Ram Sahay Singh R/O Village- Moudah Bujurga-2, P.S.-Patelpur, Via- Patepur, Distt.- Vaishali, Link Branch- Dabhaich, B.F. Code No. 88839600 197. Shiv Sagar Mahto S/O Bholi Mahto R/O Village + P.S.- Desari, Distt.- Vaishali, Link Branch- Desari, B.F. Code No. 88840100 198. Anil Kumar S/O Sri Ram Balak Rai Ray R/O Village- Karhatiya Bujurg, P.S.- Garoul, Distt.- Vaishali, Link Branch- Mahua, B.F. Code No. 88815100 199. Shankar Sah S/O Late Durga Sah R/O Village-Bazitpur, Kasturi, P.S.- Desri, Distt.- Vaishali, Link Brach- Mahnar, B.F. Code No. 88814200 200. Kaju Kumar Sinha S/O Sri Anil Chand Sinha R/O Mohalla- Babu Tola, P.S. +District- Banka, Link Branch- ADB, Banka, B.F. Code No. 8kf90000 201. Prabhakar Kumar Singh S/O Sri Vijay Kumar Singh R/O Village- Punsia, P.S.- Rajoun, District- Banka, Link Branch- Punsia, B.F. Code No. Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 12 8by50000 202. Shiv Shankar Mishra S/O Ram Niranjan Mishra R/O Village- Batsar, P.S.- Dhoriya, District- Banka, Linkbranch-Batsar, B.F. Code No. 88858200 203. Santosh Kumar Chaudhary S/O Sri Brahmdev Chaudhary R/O Village- Kausalpur, P.S.- Amarpur, District- Banka, Link Branch- Dudhari, B.F. Code No. 8g960000 204. Chanda Kumar Chaudhary S/O Sri Brahmdeev Chaudhry R/O Village- Kausalpur, P.S.- Amarpur, District-Banka, Link Branch- Amarpur, B.F. Code No. 88857300 205. Kameshwar Pd. Sah S/O Sri Bhagwan Sah R/O Village- Amarpur, P.S.- Amarpur, District- Banka, Link Branch- Amarpur, B.F. Code No. 88858000 206. Sushil Kumar Chaudhry S/O Sri Anugrah Narayan Chaudhry R/O Village- Kausalpur, P.S.- Amarpur, District- Banka, Link Branch- Amarpur, B.F. Code No. 8gl60000 207. Anuj Kumar Mishra S/O Shyam Sundar Mishra R/O Village- Tenferia, P.S.-Baranat, District- Banka, Link Branch- Bounsi, B.F. Code No. 8gm30000 208. Bikram Kumar Dubey S/O Sri Birendra Dubey R/O Village- Chandan, P.S.- Chandan, District- Banka, Link Branch- Chandan, B.F. Code No. 8eb70000 209. Sanjay Raut S/O Sri Ganesh Raut R/O Village- Kerwar, P.S.- Kerwar, District- Banka, Link Branch- Chandan, B.F. Code No. 8gm70000 210. Sajeev Kumar Sinha S/O Sri Mnimay Sinha R/O Village- Near Indu Wala Pd. Gali, P.S. + District- Banka, Link Branch- ADB, Banka, B.F. Code No. 88808000 211. Shudhanshu Sharma S/O Narsingh Sharma R/O Village- Kothari, P.S.- Kothari, District- Banka, Link Branch- Chandan, B.F. Code No. 88807300 212. Kamlesh Kumar Singh S/O Janardhan Prasad Singh R/O Village- Kaswa, P.S.- Dhoriya, District- Banka, Link Branch- Batsar, B.F. Code No. 8ea30000 213. Sanjay Kumar Singh S/O Shailendra Singh R/O Village- Bari, Bishar, P.S.- Barahatt, District- Banka, Link Branch- ADB, Banka, B.F. Code No. 88803200 214. Kundan Goswami S/O Gauri Shankar Singh R/O Village- Nutan Nagar, P.S.- Civil Line, District- Gaya, Link Branch- Sherghati, Imamganj, Gaya, B.F. Code No. 81450000 215. Ghanshyam Prasad S/O Late Kapil Deo Prasad R/O Village- Gewal Bigha, P.S.- Civil Line, District- Gaya, Link Branch- Dobhi, B.F. Code No. 88829000 216. Anil Kumar S/O Late Jagdish Prasad R/O Village- Chandauti, P.S.- Chandauti, District- Gaya, Link Brach- Tekari, B.F. Code No. 88829400 217. Ajay Kumar S/O Sri Mahendra Prasad R/O Village- Bumuar, P.S.- Mohanpur, District- Gaya, Link Branch- Bumuar, 218. Suresh Paswan S/O Ramdeo Paswan R/O Village- Panari, P.S.- Belaganj, District- Gaya, Link Branch- Usasdeora, B.F. Code No. 81730000 219. Dheeraj S/O Sri Anirudh Bihari Sharan R/O Village- Mohanpur, P.S.- Rampur, District- Gaya, Link Branch-Manpur, B.F. Code No. 88852000 220. Lal Narayan Singh S/O Sri Padum Sharma R/O Village- New Area, Nutan Nagar, Beldari Tola, P.S.- Civil Line, District- Gaya, B.F. Code No. 88852200 Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 13

221. Ravi Shankar Pd. Gupta S/O Sri Vidyanandan Pd. R/O Village- Simra, P.S.-Belaganj, District- Gaya, Link Branch- Belganj, B.F. Code No. 88850600 222. Ashwani Kumar S/O Late Ramkrit Pandit R/O Village- Manpur, Kumhartoli, P.S.- Mofassil, District- Gaya, Link Branch- Konch, B.F. Code No. 81790000 223. Prem Ranjan Prajapati S/O Sri Mungeshwar Prajapati R/O Village- Erki, P.S.- Belaganj, District- Gaya, Link Branch- Gaya Bazar, B.F. Code No. 831-A30000 224. Sunil Sahay S/O Late Shiveshwar Sahay R/O Village- Gulab Bagh, P.S.- Gaya, District- Gaya, Link Branch- Wazirganj, B.F. Code No. 8k470000 225. Ritesh Kumar Singh S/O Gopal Singh R/O Village- Ghorhat, P.S.- Madanpur, District- Aurangabad, Link Branch- Deo Aurangabad, B.F. Code No. 88849200 226. Arvind Kumar S/O Ganesh Prasad R/O Village- Madanpur, P.S.- Madanpur, District- Aurangabad, Link Branch- Deo Aurangabad, B.F. Code No. 88848800 227. Arvind Kumar Singh S/O Sri Indradev Singh R/O Village- Lukagarh, P.S.- Jakhim, District- Aurangabad, Link Branch- Aurangabad, B.F. Code No. 88808000 228. Raju Kumar S/O Sri Mathura Prasad R/O Village + P.S.- Press Road, Madanpur, District- Aurangabad, Link Branch- Madanpur, B.F. Code No. 88808100 229. Prem Kumar Tiwari S/O Kapildeo Tiwari R/O Mohalla+P.S.- Club Road, Near Phed Colony, District- Aurangabad, Link Branch- Aurangabad, B.F. Code No. 49150000 230. Arvind Kumar S/O Narayan Singh R/O Village- Medan, P.S.- Jamher, District- Aurangabad, Link Branch- Obara, B.F. Code No. 81690000 231. Manoj Kumar S/O Late Jagdev Singh R/O Village + P.S.- Obera, District- Aurangabad, Link Branch- Obera, B.F. Code No. 85690000 232. Sudhir Kumar S/O Late Janardhan Prasad R/O Village- Maranpur, Hanuman Nagar, P.S.- Chand Ghoura, District- Gaya, Link Branch- Tekari, B.F. Code No. 88864400 233. Mannu Prasad S/O Sri Ram Lakhan Prasad R/O Village- Ghughritand, P.S.- Civil Line, District- Gaya, Link Branch- Khizersarai, B.F. Code No. 8k480000 234. Ramnath Pathak S/O Late Indu Nath Pathak R/O Village- Pathak Toli, P.S.- Sherghati, District- Gaya, B.F. Code No. 88864600 .... .... Petitioner/s Versus 1. The Chairman, State Bank Of India, Through The Chairman, Central Office, Madame Cama Road, Nariman Point, Mumbai-21. 2. The Chief General Manager, SBI Rural Business (Alternate Channel), Central Office, Madame Cama Road, Nariman Point, Mumbai-21 3. The Chief General Manager L.H.O., Bihar & Jharkhand, West Gandhi Maidan, Patna 4. The Regional Manager, RBO State Bank Of India, Motors Building, Larhar Mahader Chok, Begusarai - 851101 5. The Regional Manager, RBO State Bank Of India, Bhagalpur Bhowest Bhawar, Kharjarpur, Bhagalpur, District- Bhagalpur-812001 Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 14

6. The Regional Manager, RBO State Bank Of India, Bettiah, Ujjain Tola, Bettiah, District- Bettiah - 845438 7. The Regional Manager, RBO, S.B.I. Ara Harkhen Kumar Jain Trust Building Hari Jee Ka Hata, P.S. Ara, District- Bhojpur - 802301 8. The Regional Manager, RBO, Gaya Regional Manager, Region-IV, SBI Main Branch, P.O.- Gaya, District- Gaya 9. The Regional Manager, RBO, State Bank Of India Building Court Campus, Saharsa, District- Saharsa - 852201 10. The Regional Manager, RBO , S.B.I., Darbhanga Regional Manager, P.S. - Laheriasarai, District Darbhanga- 846006 11. The Regional Manager, RBO, Katihar State Bank Of India, Katihar Medical College, Katihar - 750512 12. The Regional Manager, RBO , SBI Chapra, Dak Bunglow Road, Rajendra Stadium P.S. Chapra, Saran, District- Saran-831301 13. The Regional Manager, RBO State Bank Of India, Administrative Office, Region-II, 5th Floor, J.C. Road, Patna-800001 14. The Regional Manager, RBO, Motihari State Bank Of India, 1st Floor Of Motihari Bazar Branch, P.O.- Motihari, East Champaran-845401 15. The Regional Manager, RBO, Muzaffarpur State Bank Of India, Poddar Complex, Club Road, Muzaffarpur-842002 16. The Regional Manager, RBO, Purnea Administrative Office, Kala Bhawan Road, Purnea P.O. Purnea- 844301 17. Regional Manager, SBI Region-1, Administrative Office, Anta Ghat, P.S. Bankipore, Patna State Bank Of India, .... .... Respondent/s ====================================================== Civil Writ Jurisdiction Case No.14440 of 2012 ====================================================== 1. Santosh Kumar Verma, S/o Late Shri Krishan Sahay, R/o Sipahi Tola, Baxa Ghat Road, P.O.- Head Post Office, Purnea, Distt.-Purnea. 2. Ramesh Prasad Yadav (Code No. 88818300) S/O Late Jhadril Pd. Yadav R/O Village- Shri Nagar Hata, P.O.-Purnea, Distt.- Purnea, Pin-854301 3. Satish Kumar Jha (Code No. 88819500) S/O Jai Krishna Jha R/O Vill.- Jine Tola, Near Panchayat Bhawan, P.O.- Newalal Chowk, Distt.- Purnia, Pin - 85430 4. Jitendra Prasad Sinha (Code 8819100) S/O Sri Mahendra Prasad R/O Village- Prabhat Colony, Near Bhutnath Mandir, P.O.- Purnea, Distt.- Purnea, Pin Code - 854301 5. Brajesh Kumar Srivastava (Code 88812000) S/O Sri Kashi Nath Saran R/O Koratbari, Madhubani, P.O.- Purnea, Distt.- Purnea 6. Amit Ranjan (Code 88812500) S/O Sri Shailendra Kumar Singh R/O Balutola, Bishanpur, P.O.- Baisi, Distt.- Purnea 7. Tribhuwan Nath Tiwari (Code No. 89041100) S/O Kailash Nath Tiwari Village- Navratan Haton, Ward No. 17, P.O.- Purnea, Distt.- Purnia 8. Akshay Kumar Pandit (Code No. 88811700) S/O Sri Mukherje Pandit R/O Vill. + P.S.- Purnea, Distt.- Purnea 9. Prahlad Kumar S/O Sri Deo Narayan Mahto Resident At - Barbanna, P.O.- Barbanna (Merryganj), Distt.- Araria 10. Ram Krishna Mishra (Code-.........................) S/O Sri Rudra Narayan Mishra R/O Raghunathpur, Vill.-Kachuri (Sarsi), Distt.- Purnia Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 15

11. Mukesh Jha (Code No. 88812100) C/O Sri Nishikant Jha At + P.O.- Dhamdaha Middle, Distt.- Purnea 12. Jitendra Kumar Singh (Code-89045900) S/O Late Ram Charittar Singh At:- Subash Nagar, (Mithila Auto), P.O.- Purnea, Distt.-Purnea 13. Ashok Kumar Sharma (Code 88811500) S/O Ram Prasad Sharma At Shantinagar, P.O.+P.S.-Kasha, Distt.-Purnea 14. Anil Kumar Saha (Code 88812600) S/O Sri Parmeshwer Saha R/O At Dam Ganrai, P.C.- Damgarai, Distt.- Purnea 15. Chandra Prakash (Code 88812300) R/O - Dibra Bazar, Distt.- Purnea 16. Santosh Kumar Sinha (Code 88818600) S/O Sri Chandrika Prasad R/O Shastri Nagar, Vill.-Madhubani, Distt.- Purnea 17. Pravin Kumar Roy (Code 89040500) S/O Yamuna Roy Vill.- Amla Tola Madhubani, P.O.-Madhubani, Distt.- Purnea 18. Munidra Kumar Mishra S/O Rudra Nath Mishra Vill.- Buxaghat Road, Gali No.3, Sipahi Tola, Post- K. Hat, Distt.- Purnea 19. Nitesh Kumar Singh S/O Sri Surendra Prasad Singh R/O Nayatola, Tine Bazar, Vill./At- Purnea, Distt.-Purnea 20. Normadeshwar Dixit (Code- 89046200) S/O Sri Pahwari Saran Dixit R/O Vill.- B. Kathi, Distt.- Purnea 21. Sanjay Kumar Jha S/O Late Sukdeo Jha Vill.- Barhari, P.O.- B. Kathi, Distt.-Purnea 22. Madnesh Kumar S/O Keshaw Prasad R/O Vill.- Mahajjee Hata, Near Children Remand Home, P.O.-Purnea, Distt.- Purnea 23. Jitendra Kumar Singh (Code-88812400) S/O Late Sri Ram Nath Singh R/O At Kemai, P.O.- Sondeep, Distt.- Purnea 24. Vikash Kumar (Code-88812200) S/O Late Surendra Pd. Chaudhary Dist.- Kukraon-2, P.O.- Dhamdaha, Distt.- Purnea 25. Yogendra Prasad Mahto S/O Late Nirratan Mahto R/O P.O.- Mohalla, P.O.- Kasba, Distt.- Purnea 26. Karun Kumar Verma S/O Late Baidnath Lal Das Navratan Hata, P.O., Distt.- Purnia 27. Manoj Kumar Singh S/O Late Gayendra Nagar Singh At-Israim, P.O.- Israim Kala, Distt.- Madhepura 28. Dilip Kumar Das S/O Sri Nageswar Rai Das At Makaipur, P.O.- Madhura, P.S.- Korha, Distt.- Katihar .... .... Petitioner/s Versus 1. The State Bank Of India, Through The Chief General Manager, (Rural Business), State Bank Of India, Corporate Centre, Bank Bhawan, Mumbai- 400021. 2. The Regional Manager-I , State Bank Of India, Purnea 3. The Regional Manager-III , State Bank Of India, Purnea 4. The Deputy General Manager State Bank Of India, Distt.- Purnia 5. The Chief General Manager, State Bank Of India, Local Head Office, Patna .... .... Respondent/s ====================================================== Appearance : (In CWJC No.14622 of 2012) For the Petitioner/s : (1) Mr. Vindhyachal Singh, Adv. Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 16 (2) Mr. Manoj Kumar Sinha, Adv. For the Respondent/s : Mr. Kaushlendra Kumar Sinha, Adv. (In CWJC No.14440 of 2012) For the Petitioner/s : (1) Mr. Vindhyachal Singh, Adv. (2) Mr. Navin Kumar, Adv. For the Respondent/s : Mr. Kaushlendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR CAV ORDER 12 8 -08-2013 Aforesaid both writ petitions were heard together on 2.8.2013 and order was reserved. In both the writ petitions almost similar reliefs have been sought for. 2 - CWJC No. 14622 of 2012 has been filed by Banking Business Facilitators Association, Bihar, Through Its General Secretary, namely, Jagannath Banerjee and 233 Business Facilitators of the State Bank Of India. In CWJC No. 14440 of 2012 , there are 28 petitioners. 3 – In aforesaid both writ petitions the petitioners have prayed for quashing of letter no. RB/AC / RKA/58 dated 11.4.2012 issued under the signature of Chief General Manager (Rural Business), State Bank Of India, whereby, a decision was taken to discontinue the engagement of fresh individual Business Facilitators and Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 17 terminate existing individual Business Facilitators on expiry of their agreements. The said letter has been annexed as Annexure - 8 in CWJC No. 14622 of 2012 and same has been annexed as Annexure - 5 to CWJC No. 14440 of 2012. In both the writ petitions petitioners have further prayed for quashing of notices of termination issued to all the petitioners. 4 – The case of petitioners’ in short is that they were appointed as Business Facilitators in the State Bank Of India initially for a period of one year, but they continued to function as Business Facilitators. However, without any rhyme and reason, on 11.4.2012 a decision was taken to terminate the services of the petitioners. 5 – Sri Vindhyachal Singh, learned counsel for the petitioners, in both the cases, has argued that the Bank, in a discriminatory manner, has taken decision to cancel the appointment of individual Business Facilitators, whereas , Bank has not disturbed Corporate and NGOs Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 18 Business Facilitators, who were also engaged in the similar circumstances. According to learned counsel for the petitioners it was a case of class discrimination, which is in violation of Article 14 and 16 of the Constitution Of India. It has been pleaded that though petitioners were appointed as Business Facilitators initially for a term of one year, even then, they continued, and as such, the petitioners have accrued indefeasible right to continue on the post. They were required to be terminated only in accordance with law, not in the manner which has been adopted by the Respondents / Bank. He further submits that without ascertaining any allegation against any of the individual Business Facilitators, a general stigma has been imposed upon the petitioners, who are individual Business Facilitators, which is evident from the impugned decision. He has submitted that termination of petitioners is not sustainable in the eye of law. He submits that even though it was a contractual appointment, while removing them imposing stigma, it was necessary to afford the petitioners full opportunity to explain their innocence and Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 19 in absence of such opportunity their termination is void ab initio. In support of his argument, learned counsel, has relied on a single bench judgment of this court reported in 2012(2) PLJR 62 ( Praveen Kumar vs. The State of Bihar ) and 2012 (1) PLJR SC 321 (GRIDCO Limited & Anr. vs. Sri Sadananda Doloi & Ors.). It was argued that in similar circumstances some of the Business Facilitators, similarly situated, have approached Andhra Pradesh High Court vide WPMP No. 24987 of 2012. Hon’ble Andhra Pradesh High Court has passed an order for interim suspension of proceedings dated 11.4.2011, so far as petitioners of that case are concerned. He submits that in similar circumstances, petitioners deserve the reliefs sought for in the present writ petition. 6 - Sri Kaushlendra Kumar Sinha, learned counsel for the Bank, has objected to the claim of the petitioners, primarily on the ground that petitioners were never appointed in the Bank, but they were only engaged for a period of 12 months as Business Facilitators in Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 20 the Bank pursuant to policy decision taken by the Reserve Bank Of India, and as such, petitioners after expiry of the term of agreement automatically ceased to be Business Facilitators. He has further raised serious objection on the point that by communication dated 11.4.2012 whereby it was decided to discontinue the engagement of fresh individual Business Facilitators and terminate existing individual Business Facilitators on expiry of agreements, a policy decision was taken by the Bank. It was argued that since it is a policy matter, petitioners may not be allowed to invoke writ jurisdiction of this court. He further submits that though Andhra Pradesh High Court has granted order of interim suspension of the impugned communication, so far petitioners of that case are concerned, thereafter, other High Courts in number of similarly situated cases filed by individual Business Facilitators of the Bank have turned down their claim for continuance as Business Facilitators. While referring to supplementary counter affidavit, which was filed on 22nd July, 2013, learned counsel for the Bank has referred to Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 21 judgment dated 27th November, 2012, passed in WP(C) Nos. 14435, 18146 & 19527 of 2012, by which, Hon’ble Kerala High Court has declined to interfere in the matter. In the said case also prayer was to quash order dated

11.4.2012 i.e. the impugned order in the present writ petition. He has further referred to order passed by Madhya Pradesh High Court and Karnataka High Court. Copy of same have been brought on record through supplementary counter affidavit. 7- Learned counsel for the petitioners on the objection raised by learned counsel for the Bank that since it was a policy decision, this High Court may not interfere, submits that even in certain cases of policy decision this High Court is well empowered to exercise its writ jurisdiction. He submits that keeping in view the fact that the impugned communication, which may be a policy decision, is simply an arbitrary communication, this court may interfere with the issue. In support of his argument he has relied on (2007) 3 SCC 720 ( SANJAY Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 22 SINGH AND ANOTHER Versus U.P. PUBLIC SERVICE COMMISSION, ALLAHABAD AND ANOTHER). He has specifically referred to paragraph no. 50 of the said judgment. He has also relied on (2007) 4 SCC 737 (DIRECTORATE OF FILM FESTIVALS AND OTHERS Versus GAURAV ASHWIN JAIN AND OTHERS). 8- Besides hearing learned counsel for the parties, I have perused the materials available on record. On examining the record of CWJC No. 14622 of 2012 it appears that vide Annexure – 1 to the writ petition the Reserve Bank Of India had issued communication to Chairmen & Chief Executive Officers of All Scheduled Commercial Banks including RRBs regarding the policy for use of Business Facilitators and Correspondents. With objective of ensuring greater financial inclusion and increasing the outreach of the banking sector it was decided to enable Banks to use services of Non Governmental Organizations / Self Help Groups Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 23 (NGOs/SHGs), Micro Finance Institutions (MFIs) and Civil Society Organizations (CSOs) as intermediaries in providing financial and banking services through the use of Business Facilitators and Correspondents Models. The Banks were allowed to use Business Facilitators etc. as intermediaries. It was decided that Banks may pay reasonable commission / fee to the Business Facilitators / Correspondents. Thereafter, with the objective of ensuring greater financial inclusion and increasing the outreach of the Bank a scheme for extension of banking services through Business Facilitators and Business Correspondents was formulated by the State Bank Of India as is evident from Annexure - 2 to the writ petition. The scheme was subject to review after 12 months of implementation. Though in the writ petition the petitioners have claimed that they were appointed as Business Facilitators, the petitioners have brought no chit of paper to show as to whether they were ever appointed. Only in CWJC No. 14440 of 2012, in respect of petitioner no. 1 Sri Santosh Kumar Verma, a Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 24 letter issued by the Bank has been brought on record as Annexure - 3B at page no. 27 of the writ petition, whereby, he was intimated that his engagement will be for a period of 12 months, which may be terminated by either party by giving two months notice. Of-course, in the writ petition the petitioners have prayed for quashing of notices for their termination, but not even a single such termination order has been brought on record save and except letter dated 11.4.2012 that has been impugned, which is nothing else but a policy decision taken by the Bank. It was decided to discontinue engagement of fresh individual Business Facilitators and terminate existing individual Business Facilitators on expiry of their agreements with further indication regarding existing Business Facilitators ( Corporate & NGOs) each case was required to be reviewed separately based on their contribution to financial inclusion objectives and appropriate action was to be taken. The impugned order is nothing but a policy decision taken by the Bank. Time without number it has been reiterated that the High Courts should refrain in Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 25 interfering with the policy decision matters save and except in exceptional or in rarest of rare cases. Reference may be made to paragraph no. 16 of (2007) 4 SCC 737 (DIRECTORATE OF FILM FESTIVALS AND OTHERS Versus GAURAV ASHWIN JAIN AND OTHERS), which is quoted hereinbelow:- “16. The scope of judicial review of governmental policy is now well defined. Courts do not and cannot act as Appellate Authorities examining the correctness, suitability and appropriateness of a policy, nor are courts advisors to the executive on matters of policy which the executive is entitled to formulate. The scope of judicial review when examining a policy of the Government is to check whether it violates the fundamental rights of the citizens or is opposed to the provisions of the Constitution, or opposed to any statutory provision or manifestly arbitrary. Courts cannot interfere with policy either on the ground that it is erroneous or on the ground that a better, fairer or wiser alternative is available.” Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 26 9- From the facts on record it is evident that the petitioners have not made out an exceptional case warranting interference by this court in respect of policy decision taken by Respondents / Bank. Moreover, in absence of any communication brought on record showing disengagement of petitioners as Business Facilitators, the petitioners’ prayer for quashing of notices for their termination is meaningless and requires no investigation or examination by this court. Fact remains that petitioners were only engaged as Business Facilitators, that too, for a period of 12 months with a rider of termination by giving notice by either side. Meaning thereby, that after expiry of 12 months no right of continuance as Business Facilitators continued in favour of the petitioners. Besides this, this issue has already been decided by different High Courts, which have been noticed in preceding paragraphs of this order, and as such, the issue in the present case has already been set at rest. So far interim order, on which reliance was placed by learned counsel for the petitioners, vide Annexure – 10 to the writ petition i.e. an order of Patna High Court CWJC No.14622 of 2012 (12) dt. 8 -08-2013 27 Andhra Pradesh High Court, is concerned, the same has become meaningless in view of the fact that issue has been set at rest by a detailed judgment of Kerala High Court that has been brought on record through supplementary counter affidavit and same has been followed in other orders passed by Karnataka High Court as well as Madhya Pradesh High Court. There is no merit in the writ petitions and both writ petitions stand dismissed. (Rakesh Kumar, J) Praful/-