GOPI KRISHNA MEHROTRA Vs. ALLAHABAD BANK

JUDGEMENT

(1.) The petitioner was working as Branch Manager in the Allahabad Bank and in the year 1982, the disciplinary proceedings were initiated against him and a charge-sheet was served on 25.6.1982. After enquiry, the Competent Authority, vide its order dated 29.1.1986, imposed a major penalty and reduced four annual increments of the petitioner and thus, the pay of the petitioner was reduced from Rs. 1800/- to Rs. 1560/- per month. The petitioner filed an appeal against the said order under Regulation 17(ii) of the Officer Employees' (Conduct) Regulations and Discipline and Appeal Regulations of the Allahabad Bank. Since, the appeal was filed beyond the period of limitation for 45 days, an application under Regulation 21 had also been filed with a prayer for condonation of delay in filing the appeal. The Appellate Authority-respondent No. 3 vide its order dated 12.1.1986 rejected the application for condonation of delay. Aggrieved by the same, petitioner has filed this writ petition challenging the order dated 12.12.1986 passed by the Appellate-Authority respondent No. 3 as well as the order dated 29.1.1986 passed by the Competent Authority, respondent No. 2 imposing major penalty on the petitioner.

(2.) I have heard Sri Arun Tandon, learned Counsel for the petitioner assisted by Sri S.K. Mehrotra as well as Sri Rakesh Mishra, learned Counsel appearing for the respondents and also perused the record.

(3.) The application for condonation of delay has been rejected by the impugned order dated 12.12.1986 merely by saying that "on perusal of request letter, I do not find any good and/or sufficient ground for condoning the delay". Sri Arun Tandon, learned Counsel appearing for the petitioner has submitted before me that the said order has been passed without application of mind and without considering the grounds taken by the petitioner in its application for condoning the delay in filing the appeal.