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Om Prakash Lal Srivastava v. Regional Administrative Committee, U.P.Co-Op. Bank Ltd.& Ors - WRIT - A No. 31892 of 2001  RD-AH 13403 (2 August 2007)
Civil Misc. Writ Petition No.31892 of 2001
Om Prakash Srivastava
Regional Administrative Committee and others
Hon'ble Anjani Kumar, J.
Hon'ble Sabhajeet Yadav, J.
The order dated 12.4.2007, whereby the writ petition was dismissed for want of prosecution, has been recalled vide order of date passed on the Civil Misc. Restoration Application No.98338 of 2007 and the writ petition is restored to its original number.
Heard learned counsel for the petitioner. No one appears on behalf of respondents despite the fact that the writ petition is called upon in revised list.
Without entering into the facts in detail the matter can be decided only on a short point, as stated in Para 21 of the writ petition, that no inquiry was conducted after 14th September 1999 which ought to have been done in pursuance to the direction issued earlier by the appellate authority. This fact has not been denied in the counter affidavit. In these circumstances we are satisfied that the petitioner has been denied of proper opportunity of hearing. The writ petition deserves to be allowed.
The orders dated 27.11.1996 and 26.7.2001 (Annexures 7 and 19 respectively to the writ petition) are quashed and the writ petition is allowed. The matter is remanded back to the Disciplinary Authority to pass order afresh in accordance with law expeditiously.
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