K.C. CHUGH Vs. JAIPUR NAGAUR AANCHALIK GRAMIN BANK & ORS.
LAWS(RAJ)-2008-11-105
HIGH COURT OF RAJASTHAN
Decided on November 07,2008

K.C. Chugh Appellant
VERSUS
Jaipur Nagaur Aanchalik Gramin Bank And Ors. Respondents

JUDGEMENT

Mohammad Rafiq, J. - (1.) Upon hearing learned counsel for the parties, I am satisfied that this writ petition deserves to be allowed on the limited ground that appeal of the petitioner has been mechanically dismissed by the Board of Directors of the respondent-Bank. The appellate authority has dismissed the appeal by a very cryptic and nonspeaking order. In fact, appeal has been dismissed without the application of mind, which is evident from the perusal of the order dated 29/5/1999 signed by the Senior Manager Personnel. The order indicates that decision of dismissal of appeal was conveyed to the petitioner on a performa with the number of blank columns such as; name of the appellant, date of the order passed by the disciplinary authority, date on which the appeal is submitted and the date on which it is laid before the Board of Directors of the respondent-Bank. All these blanks are filled in and then order rejecting appeal is conveyed to the petitioner. Working of the respondents reflects callous and lackadaisical manner in which vital issues concerning of livelihood of the employees are dealt with by the higher authorities of the respondents such as the Board of Directors. Principle of natural justice requires not only hearing to be given to the person but also supply of reasons so as to aggrieved party may come to know as to what weighed with the authority which rejected his appeal also for the purpose of consideration of courts in the event of such order being challenged. So that the courts may also examine as to on what grounds, matter has not found favour with such authority. Dismissal of appeal without assigning reasons in such a summary and mechanical manner in which it has been done by the respondents in the present case, cannot be approved of.
(2.) In the result, the writ petition is allowed. The order of dismissal dated 29/5/1999 (Annexure-5) is quashed and set-aside. The matter is remitted back to the appellate authority for deciding it afresh after providing opportunity of hearing to the petitioner within a period of three months from the date, copy of this order is produced by the petitioner before the respondents. Writ Petition Allowed.;


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