RAKESH TIWARI, J. - (1.) Heard counsel for the parties and perused the record. The petitioner was employed as Agriculture Assistant in Bank of India, Naya Bazar Branch, District Bhadohi in November, 1988. He submitted an application for medical leave enclosing therewith the Medical Certificate and pathological test on October 3, 2002 to respondent No. 2, the Zonal Manager, Bank of India. He further submitted an application for medical leave alongwith medical certificate to respondent No. 3, the Branch Manager, Bank of India but he vide letter dated December 11, 2002 expressed doubt on the authenticity of the medical certificates submitted by the petitioner. The Branch Manager accordingly cancelled the medical leave of the petitioner and directed him for medical check up by a Doctor appointed by the Bank.
(2.) The petitioner did not present himself for medical examination before the Doctor of the Bank and he was also not found at his residence when the Bank's Doctor along with the officers of the Bank visited the petitioner's residence for his medical examination on the appointed time and date. In the circumstances, by order dated March 25, 2003 it was ordered that leave period of the petitioner would be taken as unauthorised absence from duty w.e. f. October 3, 2003 onwards. It appears from Annexure 1 to the writ petition that the disciplinary enquiry was conducted and the petitioner was given show cause notice as to why he should not be compulsorily retired from service under paragraph 6 (c) of the Bipartite settlement dated April 10, 2002. It also appears that neither the petitioner participated in the enquiry nor availed of the personal opportunity of hearing afforded to him by the bank.
(3.) The petitioner raised an industrial dispute, which has been referred to Central Government-cum-Industrial Tribunal, Lucknow where it was registered as I.D. Case No. 95 of 2004. The grievance of the petitioner in the writ petition is that the Court is not proceeding expeditiously in the matter and as such the petitioner has prayed for a direction commanding the Industrial Tribunal to decide the dispute i.e. I.D. Case No. 95 of 2004, Budhi Ram Prasad v. Bank of India in accordance with law within a reasonable course of time.;