J&K High Court has allowed a plea by former Chairman-cum-CEO of J&K Bank Parvez Ahmad Nengroo wherein he had sought leave of the court to amend his petition for challenging the appointment of Zubair Iqbal as first Managing Director of Bank.
A bench of Justice Sanjay Dhar after hearing Negroo’s counsel, R A Jan, and state counsel B A Dar, Sr AAG, accepted the amended petition of the former J&K chairman.
Nengroo had filed an application before the court seeking amendment to his writ petition challenging his removal as Chairman and CEO of J&K Bank.
Through his application, he had sought leave of the court to include a prayer in his petition against bifurcation of the post of the Chairman-cum-CEO into the Chairman and the MD, as also against the appointment of Iqbal as MD J&K Bank. These two decisions had been taken by the government post-filing of his petition.
The court in its order held that as per CPC it may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just.
The court held that the amendment in the pleadings is a matter of procedure, and grant or refusal whereof is in the discretion of the Court. “But such discretion,” the court said, “has to be exercised in accordance with certain legal principles.”
Nengroo was removed by government on June 8 last year as Chairman cum CEO of J&K Bank. He has also sought a direction for his reinstatement.
During the pendency of the petition, the government appointed RK Chibber as chairman of J&K Bank for three more years and Zubair Iqbal Bhat as its first full-fledged MD of the Bank.
The court did not agree with the contention of the government that the amendment sought was not necessary for determination of real controversy. The court said: “Even if the petitioner (finally) succeeds in convincing this court that his removal from the post of Chairman cum CEO of the J&K Bank was illegal, he may not be able to get an order for his reinstatement unless the appointment of Iqbal to the post of MD was stalled.”
Allowing the application of the former chairman, the court took on record his amended writ petition.
“Acceptance of the instant application does not mean that this Court is returning a finding upon the maintainability of the writ petition,” the court said, adding it shall be open to the respondents to raise objections to the maintainability of the writ petition while filing their reply to the amended writ petition.