LAWS(GJH)-2010-10-286

ARVINDBHAI DHANABHAI CHAUDHARY Vs. S VAIDYANATHAN

Decided On October 13, 2010
Arvindbhai Dhanabhai Chaudhary The Then Joint Manager Appellant
V/S
S. Vaidyanathan And Ors Respondents

JUDGEMENT

(1.) A. L. DAVE, J 1. The applicant who was working with the respondent - Bank came to be removed from service on 08.09.2004 in connection with charges of lack of probity, integrity and bonafide in his conduct as an employee of the Bank. The order of removal was passed on 08.09.2004 by the Disciplinary Authority and confirmed by the Appellate Authority by order dated 12.03.2005.

(2.) Parallel to the departmental proceedings, criminal prosecution was also lodged against the applicant and the order of removal was passed during the pendency of criminal proceedings. The applicant, therefore, approached this Court with Special Civil Application No.115 of 2006 which came to be dismissed by order dated 06.09.2006. As is observed in that order the only challenge to the order of punishment raised before the learned Single Judge was that during the pendency of criminal trial, the applicant could not have been removed from service and Disciplinary Authority ought not to have proceeded with.

(3.) Present application is preferred for condonation of delay of 1377 days caused in preferring Letters Patent Appeal to challenge the said order dated 06.09.2006 dismissing the petition.