Court No. - 2
Case :- WRIT - A No. - 12780 of 2021 Petitioner :- Amit Kumar Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar,Wasim Alam Counsel for Respondent :- C.S.C.,Sanjai Singh
Hon'ble Suneet Kumar,J.
Heard the learned counsel for the petitioner and Sri Uma Dutt Shukla holding brief of Sri Sanjai Singh, learned counsel appearing for the respondent-bank.
By the instant petition, petitioner is challenging the order passed in disciplinary proceeding. It is urged that the impugned appellate order dated 24.5.2021, passed by the third respondent, Chairman, C/M U.P. Sahkari Gram Vikas Bank, Lucknow, is on the ground of laches and not on merit. It is urged that the appeal be decided on merit after considering the grounds taken by the petitioner in the memo of appeal.
Learned counsel for the respondent has no objection and submits that the appeal shall be heard and decided on merit.
In view thereof, on consent, writ petition is disposed of by passing the following orders:
i) the order dated 24.5.2021 passed by the third respondent, Chairman, C/M U.P. Sahkari Gram Vikas Bank, Lucknow, is quashed and set aside;
ii) the third respondent, Chairman, C/M U.P. Sahkari Gram Vikas Bank, Lucknow, is directed to decide the appeal on merit by a reasoned and speaking order, expeditiously, preferably within three months from the date of filing of copy of this order along with copy of memo of appeal and writ petition;
iii) it will be open for the petitioner to file stay application seeking stay of the recovery. It is expected that in case the application is filed, the same shall be considered in accordance with the rules.
It is clarified that the Court has not expressed any opinion on merit of the case.
Order Date :- 24.9.2021 Mukesh Kr.