RAM KISHORE PRASAD Vs. CHAIRMAN, MADHYA BIHAR

JUDGEMENT

(1.) The petitioner seeks quashing of the letter dated 28.11.2013 issued under the signature of Chairman, Madhya Bihar Gramin Bank, Patna addressed to the petitioner communicating dismissal of the appeal by the appellate authority (Board) in its meeting dated 27.6.2013. The appeal was preferred by the petitioner against the order of punishment of removal from service dated 24.4.2013. The petitioner was working as an Officer, under Madhya Bihar Gramin Bank, Patna. Against the said order of punishment, the petitioner had preferred statutory appeal which is said to have been dismissed by the appellate authority i.e. the Board, which has been communicated through the impugned letter. The decision of the Board, which is the appellate order as contained in the impugned letter, reads thus:--

(2.) Learned counsel appearing on behalf of the petitioner contends that it was incumbent upon the appellate authority to have considered the grounds of appeal and applied mind and that such application of mind must be reflected in the appellate order. He submits that the impugned decision does not reflect application of mind by the appellate authority on the grounds taken in the memo appeal. He further submits that the appellate authority wrongly rejected the petitioner's appeal on erroneous consideration that there was nothing new brought by the petitioner, for the appellate authority to consider on the appeal preferred by the petitioner.

(3.) He submits that the appellate authority was required to consider the petitioner's statutory appeal on the basis of materials already available on record and the petitioner was not required to make out a new case or bring some new facts at appellate stage for the appellate authority to interfere with the impugned order.