Writ against IBPS is not maintainable; suspension orders must be challenged before the statutory Appellate Authority.

The petitioner, Vikash Kumar, was selected as a Probationary Officer through an examination conducted by the Institute of Banking Personnel Selection (IBPS) and subsequently joined UCO Bank

Following an inquiry by IBPS, the respondent Bank issued a suspension order against the petitioner on 10.11.2025

The petitioner challenged both the IBPS inquiry and the suspension order via writ petition, arguing that IBPS became functus officio after the recommendation of his candidacy

An interim stay on the suspension was granted on 05.02.2026

The respondents contested the maintainability of the writ, citing the availability of an alternative statutory remedy and IBPS's status as a non-state entity

1. Whether a writ petition under Article 226 is maintainable against IBPS and the suspension order issued by UCO Bank when an alternative remedy exists

2. Whether the petitioner is required to exhaust the departmental remedy under the Bank’s service regulations before seeking judicial review

Regulation 17 of the UCO Bank Officer Employees' (Discipline and Appeal) Regulations, 1976, which provides a statutory right of appeal against suspension orders within 45 days

the Hon’ble Supreme Court held that IBPS is not amenable to writ jurisdiction under Article 32 or 226 of the Constitution in Rajbir Surajbhan Singh v. The Chairman, IBPS (Civil Appeal No. 4455/2019)

The Court observed that the petitioner is a formal employee of UCO Bank and is strictly governed by its service rules

Since Regulation 17 expressly provides an appellate forum to challenge suspension orders, the Court held that the petitioner should have exhausted this internal remedy before approaching the High Court

the Court noted the Supreme Court’s definitive ruling that IBPS does not fall under the purview of writ jurisdiction, thereby making the petitioner’s direct challenge in this forum inappropriate

The Court determined that the most legally sound course was to redirect the petitioner to the departmental appellate authority while ensuring procedural protections remained temporarily intact to allow for an orderly transition

The petition was disposed of with liberty to the petitioner to file an appeal before the designated Appellate Authority within 45 days. The Court directed that the interim protection granted on 05.02.2026 shall continue solely until the date the Appellate Authority decides on the petitioner’s stay application. The question of challenging IBPS's actions was kept open for the petitioner to raise before the relevant forum in accordance with Supreme Court guidelines