SOMPAL Vs. PUNJAB NATIONAL BANK AND ORS

JUDGEMENT

(1.) This Special Appeal has been filed under Chapter VIII, Rule 5 of the Allahabad High Court Rules to assail the order dated 27 August 2013 by which an order of punishment was imposed upon the writ petitioners, who is the appellant herein, as also the order dated 28 November 2013 by which the appeal filed by the writ petitioners before the Appellate Authority to assail the basic order was dismissed.

(2.) Though number of submissions have been made by learned counsel for the appellant, Sri Sanjai Singh, learned counsel appearing for the respondent-Bank states that this Special Appeal would not be maintainable as it arises out of an order passed in a writ petition in which an appellate order was assailed.

(3.) We find substances in the submission advanced by learned counsel for the respondent-Bank. The Special Appeal would not be maintainable in view of the decision of this Court in Hasib Ahmad v. State of U.P. and others, (2008) 6 ADJ 757as the writ petition had been filed to assail an appellate order also. The observations are as follows:-