AJIT KUMAR TIWARI Vs. TULSI GRAMIN BANK BANDA

JUDGEMENT

(1.) AGGRIEVED by the order dated 6-9-1986 passed by the disciplinary authority imposing the punishment of stoppage of two annual increments with cumulative effect, non payment of salary for suspension period and warning that in future, the petitioner shall not repeat the misconduct for which he was punished and the appellate order dated 9-10-1995 whereby his appeal has been rejected, the petitioner Sri Ajit Kumar Tiwari has filed this writ petition under Article 226 of the Constitution of India.

(2.) IN brief, the learned Counsel for the petitioner submitted that aggrieved by the punishment order earlier he approached this Court in writ petition No. 3757 of 1987, which was disposed of by a Division Bench on 28-7-1995 directing him to avail alternative remedy of appeal under Regulation 31 and the appellate authority was directed to pass a reasoned order after giving opportunity to the petitioner. He submitted that pursuant to the judgment dated 28-7-1995, the petitioner filed a detailed appeal dated 1-9-1995 (Annexure-18 to the writ petition) running in 20 typed pages of the writ petition, but the appellate authority in flagrant violation of the direction of this Court, has passed a wholly illegal and non-speaking order dated 9-10-1995 and that too without affording any opportunity.

(3.) THE direction issued by this Court vide judgment dated 28-7-1995 was asunder : "we direct the appellate authority to decide the appeal within two months from the date certified copy of this order is filed before the Board. Respondent No. 1 will give copy of the inquiry report to the petitioner, for which he had made an application earlier, within ten days of filing copy of this order before him. In case, the appeal is filed under regulation 31 aforesaid within one month, the said appeal will be decided by the said authority as aforesaid in accordance with law by means of a reasoned order after giving opportunity to the petitioner. " (Emphasis added)