Calcutta High Court (Appellete Side)
Atul Agarwal vs Bandhan Bank Limited & Ors on 24 April, 2023
59 24.04.2023
D.Hira Ct. 25
WPA 3049 of 2023
Atul Agarwal
Vs.
Bandhan Bank Limited & Ors.
Mr. Kaushik Dey,
Mr. Rajnish Kumar Kalawatia,
Mr. Sunny Nandy,
Mr. Abdullah Bin Masi.
.....for the petitioner
Ms. Sonia Nandy.
... for the respondent Bank
Mr. Dey, learned Counsel on behalf of the petitioner submits that since the findings of the Internal Complaints Committee (ICC) formed under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is under challenge, the petitioner has challenged the findings of a statutory body in the present writ petition. The statutory body was constituted by the respondent Bank.
Therefore, he submits that the ratio of the decision of the Apex Court passed in 2022 SCC Online SC 1091 (St. Mary's Education Society and another vs. Rajendra Prasad Bhargava and others) is not applicable to the present writ petition. The petitioner being the Branch Manager of the Bank is directly involved with the discharging of public duty, has the 2 right to invoke the extraordinary writ jurisdiction under Article 226 of the Constitution of India. It is not a breach of mutual contract without having any public element that has been sought to be challenged in the present writ petition.
Therefore, the writ petition is maintainable. An accommodation is prayed for on hehalf of Ms. Ojha, learned Counsel appearing on behalf of the respondent Bank.
Let the matter appear for further consideration under the same heading "Motion" on May 15, 2023.
All parties are directed to act on a server copy of this order, duly downloaded from the official website of this Hon'ble Court.
(Lapita Banerji, J.)