MAHESH CHANDRA TRIPATHI, J. - (1.) HEARD learned counsel for the petitioner and Shri Aditya Kumar Singh for the respondents.
(2.) BY means of present writ petition, the petitioner has prayed for quashing the impugned order dated 05.10.2012 passed by General Manager, Ballia -Etawah Gramin Bank, Ballia -respondent no.3, by which he was dismissed from service and the appellate order dated 11.1.2013 passed by the Chairman, Ballia -Etawah Gramin Bank -respondent no.2. He has also prayed for direction in the nature of mandamus directing the respondent no.1 to decide the revision dated 01.2.2013 in accordance with law.
(3.) BRIEF facts giving rise to the writ petition are that the petitioner was appointed as Messenger in Sri Nagar Branch, District Ballia of Ballia -Etawah Gramin Bank (in short, the Bank) on 01.10.1990. He was posted in Branch Kevara of the Bank. On 31.10.2011 he was served with a charge sheet alleging, that he remained unauthorisedly absent without any information on different dates during the years 2009, 2010 and 2011, totalling 355 days. On 2.12.2011 the enquiry officer was appointed, who conducted the enquiry from 17.12.2011 to 23.7.2012, and submitted the enquiry report on 23.7.2012, holding the petitioner's guilty of the charges. The petitioner was issued a show cause notice dated 29.7.2012. He submitted his reply on 17.9.2012 stating that he informed the authority concerned from time to time regarding his absence. By the impugned order dated 5.10.2012 the Disciplinary Authority terminated his services. On 15.10.2012 he filed an appeal to the Chairman of the Bank against the order of the Disciplinary Authority, which was dismissed on 11.1.2013. Thereafter, he preferred a revision on 1.02.2013 before the Board of the Bank, which is still pending. On 21.5.2013 the Court passed following order: - "Heard learned counsel for the petitioner and Sri Ashok Khare, learned Senior Counsel who informs the court that the respondent bank has now been amalgamated and has been redesignated as Purvanchal Bank with its Head Office at Gorakhpur. Let the Purvanchal Bank through its appropriate authority be impleaded as respondent no. 5. Notice has been accepted for the said respondent by Sri Aditya Kumar Singh. It has been informed at the bar that the order passed against the petitioner was appealed against, and the appellate order has also gone against the petitioner. There is no provision for further revision. Accordingly there is no other statutory remedy available to the petitioner. In the aforesaid circumstances, let respondent file a counter affidavit within three weeks. Learned counsel for the petitioner shall file a rejoinder affidavit within a week thereafter. List thereafter." ;