PRAMOD KUMAR Vs. CHAMPARAN KSHETRIYA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 27.1.2003, passed by the learned Single Judge dismissing the writ application filed by the appellant challenging the order of punishment awarded after completion of the departmental proceeding as well as the order holding that the period of suspension shall not be treated as a period spent on duty.

(2.) THE writ petition was filed challenging the order passed by the disciplinary authority imposing punishment. The respondent -Bank filed a counter -affidavit stating that after imposition of penalty and withdrawal of the suspension order, an order has also been passed in terms of Regulation 30 (4) of the Champaran Kshetriya Gramin Bank Service Regulation, 1980 (hereinafter referred to as &aposthe Service Regulation&apos) holding that the period of suspension shall not be treated as a period spent on duty. Thereafter, the appellant filed an interlocutory petition challenging the said order dated 30.4.1998 as Annexure 13 to the writ application.

(3.) IT appears that the appellant was suspended during the continuance of a departmental proceeding on 21.3.1995 and the said order of suspension was withdrawn on 31.3.1998 by a separate order, on which date order of punishment was passed. Subsequently, the disciplinary authority, by order dated 30.4.1998, has ordered that the period of suspension shall not be treated as a period spent on duty. So far as the imposition of penalty by the appellate authority is concerned, the learned Single Judge found no legal infirmity in the said order and dismissed the writ application.