M.L.Singhal, J. - (1.) This is a petition under Article 226 of the Constitution of India, for issuance of a writ in the nature of certiorari quashing the order dated 14.6.1988 (Annexure-23), passed by the Deputy General Manager (East U. P. Zone). Punjab National Bank, Lucknow (respondent No. 2), removing Shri Ram Autar Garg (since deceased) from service, and order dated 25.12.1988 (Annexure-24), passed in appeal by the General Manager (Personal Division). Punjab National Bank, New Delhi, respondent No. 1, dismissing the appeal.
(2.) During the pendency of the petition, the petitioner Ram Autar Garg died, hence his widow, his daughters and sons, as heirs and legal representatives of the deceased, have been brought on the record, A Division Bench of this Court hearing the writ petition, on 28.10.1996 dismissed the writ petition observing that since the petitioner has died, the petition does not survive. The heirs of the deceased carried the matter to the Hon'ble Supreme Court by way of Smt. Usha Garg and others v. General Manager (Personal Divisionl. Punjab National Bank and others. Civil Appeal No. 6925 of 1997. In the said appeal, the Hon'ble Supreme Court set aside the aforesaid order dated 28.10.1996 dismissing the petition and gave further direction that the writ petition may be disposed of within six months from the date of communication of the order. The order of the Hon'ble Supreme Court was received in the Court here, on 13th November. 1997. The hearing in the writ petition commenced on 21st April, 1998 and concluded on 23.4.1998. The writ petition has not been formally admitted as yet, but the counter and rejoinder-affidavits have already been exchanged, and with the consent of the learned counsel for both the parties, the writ petition is disposed of finally.
(3.) We have heard Shri Y, K. Saxena, learned counsel for the petitioner and Shri K. L. Grover, learned counsel for the respondents at length.;