R G PAREEK Vs. DENA BANK AND ORS

JUDGEMENT

(1.) This petition was filed in March, 2004 praying mainly that the memorandum of Article of charges vide no.MCR/PER/MEMO/2097/03, holding it illegal, unconstitutional and violative of Articles 14, 19 and 21 of the Constitution of India and for release of all retiral benefits including leave encashment, provident fund and gratuity from the date of superannuation i.e. 30.11.2002.

(2.) By order dated 17.03.2004, notice was issued to the respondents and it was directed that the disciplinary proceedings against the petitioner, arising out of the impugned memorandum dated 23.12.2003, shall remain stayed, though with clarification that the disciplinary proceedings initiated pursuant to the earlier charge-sheet dated 17/25.08.2000 could continue.

(3.) The pleadings were completed but the proceedings have lingered on with neither side taking any interest in final hearing or adjudication. On 05.09.2007, the matter was heard by a learned Single Judge and the petition was disposed of on certain concessions made. Immediately, after the said disposal of the writ petition its effect being that the disciplinary proceedings could continue with respect to all the charges levelled against the petitioner by the respondent including those in the two charge-sheets dated 25.08.2000 and 23.12.2003 the petitioner came up with a review application, stating that the submissions had not been properly understood and the order had been passed on wrong understanding of the facts. The learned Single Judge, by order dated 29.02.2008 recalled the order passed on 05.09.2007 and restored the petition to its original number. The case, thereafter, has continued with nothing done except taking of adjournments. So much so, that from 08.07.2015 whenever the matter was listed, no one would even appear on either side.