JITENDRA PAL SINGH BHADAURIA Vs. CHAIRMAN AND MANAGING DIRECTOR AND REVIEWING AUTHORITY ALLAHABAD BANK AND

JUDGEMENT

(1.) After hearing the learned Counsel for the parties and perusing the materials available on record, we find that the only consideration required is challenge in the present writ petition is order dated 6.9.1989 at annexure No. 27 to the writ petition whereby upon exercise of power of review the respondents have imposed a penalty of dismissal of the petitioner from service.

(2.) The relevant brief facts are that in respect of petitioner there was a disciplinary proceeding initiated by issuance of a charge-sheet dated 23.11.1987 at annexure No. 17 to the writ petition after written statement of defence was filed by the petitioner and on enquiry by the enquiry officer report dated 11.3.1988 was submitted by the Enquiry Officer. Disciplinary authority by his order dated 6/7.6.1988 (Annexure No. 20 to the writ petition) awarded major penalty of lowering of pay at two stages as provided in Clause (e) of Regulation- 4 of the Allahabad Bank Officer Employees, (Disciplinary & Appeal) Regulations, 1976. The respondent No. 2 issued a notice to the petitioner to show cause dated 5.12.1988 as to why enhanced penalty of dismissal from service should not be imposed upon the petitioner. In response to said notice, the petitioner submitted his reply by his letter, a copy whereof has been annexed as annexure No. 26 to the writ petition. Thereafter the respondents passed the impugned order dated 6.9.1989 imposing the penalty of dismissal upon exercise of power of review.

(3.) Learned Counsel for the petitioner contends that the impugned order, though was passed in exercise of power of review provided under the Regulation-18 of the said Disciplinary & Appeal Regulations, but the same is liable to be quashed as no reason has been given nor any effective consideration of the matter is available from the impugned order.