SURENDRA PRASAD SAH Vs. VAISHALI KSHETRIYA GRAMIN

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the counsel appearing for the Bank. Page 2037

(2.) THE petitioner who is an employee of the Vaishali Kshetriya Gramin Bank, Muzaffarpur which has now been merged into Uttar Bihar Kshetriya Gramin Bank has filed this writ petition assailing the order dated 6.7.1988, Annexure-2 whereunder after completion of the departmental proceeding he has been inflicted punishment of stoppage of two increments in the time scale. He has also assailed the appellate order dated 14.10.1988, annexure 3 whereunder his appeal has been dismissed and the punishment awarded by the disciplinary authority has bean upheld. He is further aggrieved by the order dated 1st April, 2000, annexure 5 whereunder the appellate authority even refused to review the earlier order dated 14.10.1988 annexure 3 on the ground of acquittal of the petitioner in the substantive criminal trial taken for the offence under Sections 406, 409, 420, 467, 468, 409, 466/34 of the Penal Code at the instance of Hardao Sah who is said to have been duped by the petitioner by opening fictitious loan account.

(3.) IT goes without saying that having quashed the orders and communication of the Board of Directors as contained in Annexures 3 and 5 the Board of Directors of the Bank is directed to reconsider the appeal against the original order dated 6.7.1988 in the light of the acquittal recorded in the judgment dated 28.2.1995, annexure 4 and other grounds taken in the present writ case. The reconsideration be made at an early date, in any case, within a period of three months from the date of receipt/production of a copy of this copy. IT goes without saying that the appellate authority shall pass speaking order. The writ petition is disposed of.