(1.) Whether an appeal against an order refusing to review a judgment passed by this Court lies is the question involved in this writ appeal. FACTS
(2.) The appellant filed a petition in WPMP (Sr.) No. 139192 of 2000 to review the judgment dated September 10, 1999 passed in Writ Petition No.4409 of 1994 by a learned single Judge of this Court. The learned single Judge dismissed the review petition holding that the appellant has to pursue the remedy before the appellate forum and not by review application.
(3.) The appellant herein was appointed as sub-staff in 1973 in the first respondent-Bank. He was promoted as Assistant Cashier-cum- Godown Keeper in 1978. He was charge sheeted for misappropriating a sum of Rs. 50,025-00 on May 21, 1984 while officiating as Chief Cashier of Ranijgunj Branch. The appellant pleaded guilty in the domestic enquiry and was found guilty of misconduct. On June 21, 1985 a notice was issued calling upon him to show-cause as to why he should not be dismissed from service. Upon consideration of the cause shown, an order of dismissal from service was passed. A departmental appeal preferred by him was rejected and a prayer for review thereof was also turned down. An industrial dispute in relation to the said orders was raised before the second respondent. A miscellaneous petition was filed therein to try the validity of domestic enquiry as preliminary issue so as to enable the first respondent-Bank to adduce evidence if domestic enquiry is held to be vitiated.