High Court of Judicature at Allahabad
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Vishnu Prabhakar Mishra v. Chiarman Triveni Kshetriya Gramin Bank And Others - WRIT - A No. 4266 of 2007  RD-AH 10106 (24 May 2007)
Hon'ble Anjani Kumar, J.
Hon'ble Sudhir Agarwal, J.
Yesterday, when the case was taken up in the revised list, petitioner argued in person. None appeared on behalf of the respondents. Petitioner was directed to serve notice to counsel for respondents with information that the case will be taken up today and notice has been served by the petitioner on counsel for respondents Sri A.K. Pandey on 23.5.2007. Today, when the case is called upon in the revised list, petitioner appeared in person. None appeared for the respondents.
In earlier writ petition filed by the petitioner, this Court vide order dated 20.11.2006 directed as under :
"Taking into consideration the facts and circumstances of the case, including question of not being heard at the time of passing of original order as well as at the appellate stage and also on merit, the appellate Authority will decide the same upon giving fullest opportunity of hearing and passing detailed order thereon. Hence, the order dated 09.03.2004, being Appellate Authority order cannot be sustained. The same is accordingly quashed.
Petitioner is entitled to file supplementary as regards the appeal within a period of two weeks from the date of getting certified copy and taking into account the order passed by this Court and it is directed that the appeal will be heard as expeditiously as possible and disposed of preferably within the period of one month from the date of filing supplementary."
Pursuant to the aforesaid direction, the matter was remanded back to the appellate authority. The appellate authority, namely, the Board has taken a decision pursuant to the aforesaid direction of this Court which has been communicated to the petitioner vide order, impugned in this writ petition, in which after referring to the petitioner's letter dated 28.11.06, which was served upon them along copy of this Court's order referred to earlier and thereafter the order has been passed in only one sentence informing the petitioner that the orders passed by the disciplinary authority dismissing him from service is maintained as such.
From the perusal of the appellate order, it is apparent that in spite of the direction issued by this Court, the appellate authority has not applied his mind at all to the various as directed by this Court.
In this view of the matter, we quash the order passed by the appellate authority dated 9.1.2007 and direct the appellate authority to apply its mind afresh as per the direction issued by this Court and decide the appeal of the petitioner within a period of six weeks from the date of production of a certified copy of this order.
With the aforesaid direction, the writ petition is allowed. Petitioner is entitled to the cost, which is assessed to Rs. 5,000/-.
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