ATAUR RAHMAN Vs. MAGADH GRAMH BANK

JUDGEMENT

(1.) THE petitioner is a Bank Manager. At the relevant time he was posted at Branch Office Magadh Gramin Bank, Paibigha. For his misconduct a proceeding was initiated, copy of the charge was furnished to him, he filed written statement in defence, witnesses on behalf of the Bank were examined in his presence, enquiry was held and enquiry report was submitted to the disciplinary authority, a copy of which was also furnished to him, second show cause notice was issued, he filed his second show cause and on consideration of his show cause the disciplinary authority passed order of punishment which was communicated to him vide letter dated 1.8.2000, Annexure -10. The punishment awarded is degradation of three stages in his incremental scale. He preferred appeal which has been rejected vide order communicated to him by letter dated 26.7.2003, Annexure -11. The petitioner has challenged the orders annexures 10 and 11 in this writ petition.

(2.) THE submission of the learned counsel for the petitioner is that the appellate authority only referred the documents but has not discussed the defence of the petitioner. In fact it is a non -speaking order. Moreover, the petitioner was not allowed opportunity of hearing. On the other hand, learned counsel for the respondents contended that details of the documents have been referred in the appellate order and as such it will be deemed that all the documents have been considered by the appellate authority at the time of passing the order impugned.

(3.) THUS , on consideration as discussed above, this writ petition is allowed. The order Annexure -11 is hereby set aside. The matter is remitted back to the appellate authority to consider the matter afresh and allow an opportunity of hearing to the petitioner and dispose of the same by a reasoned order in accordance with law.