UMESH KUMAR PAHWA Vs. BOARD OF DIRECTORS NAINITAL ALMORA KSHETRIYA
LAWS(UTN)-2001-7-1
HIGH COURT OF UTTARAKHAND
Decided on July 02,2001

UMESH KUMAR PAHWA Appellant
VERSUS
BOARD OF DIRECTORS, NAINITAL, ALMORA KSHETRIYA Respondents




JUDGEMENT

- (1.)THIS writ petition has been filed by the petitioner seeking a writ of certiorari for quashing the punishment order dated June 22, 1999 and the appellate order dated May 6, 2000, by which the petitioner has been awarded punishment of degrading him in pay-scale and excluding the of period of suspension as not spent on duty. Admittedly, the copy of the inquiry report was not supplied to the petitioner. Learned counsel for the respondent-Bank informed that the copy of inquiry report was supplied to the petitioner after the punishment order was passed. It is thus admitted that before the passing of the impugned order, copy of inquiry report was not supplied to the petitioner. Therefore, in view of the law laid down by the Supreme Court in the case of Union of India v. Mohd. Ramzan Khan, AIR 1991 SC 471 : 1991 (1) SCC 588 : 1991-I-LLJ-29 and subsequently endorsed in the case of Managing Director, ECIL, Hyderabad v. B. Karunakar, AIR 1994 SC 1074 : 1993 (4) SCC 727 : 1994-I-LLJ- 162, the punishment was unwarranted. Thus, the order of punishment is hereby quashed. However, it is open to the respondents to proceed afresh according to law.
(2.)THE petition is accordingly disposed of. Ordered accordingly.
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