Court No. - 3
Case :- WRIT - A No. - 32956 of 2016 Petitioner :- Prakhar Shukla Respondent :- Union Bank Of India And 2 Ors.
Counsel for Petitioner :- Siddharth Khare,Shri Ashok Khare Counsel for Respondent :- Vivek Ratan Agrawal,Vivek Ratan Agrawal
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Ashok Khare, learned counsel for the petitioner and Sri Vivek Ratan Agrawal, learned counsel for the respondents.
The petitioner has applied for the review of the judgement and order dated 30.01.2018 by which the petition was finally decided.
The petitioner wants the review of the order on a limited aspect whereby after setting aside the impugned order, liberty was given to the respondents to pass a fresh order of termination in accordance with law.
The submission of Sri Ashok Khare, learned counsel for the petitioner is that since the enquiry was not held to have been vitiated for any reason and the order was set aside in full, there was no occasion to grant any liberty to the respondents for passing a fresh order.
Even if we have not granted any liberty for passing a fresh order, it is always open for the employer to take action against the employee if necessary and to pass a fresh order. Thus any liberty so granted by us by means of the aforesaid order would not in any way affect the petitioner.
The fresh order passed against the petitioner has already been challenged by him in an appropriate forum where he can take all relevant pleas which may be open to him including the one that but for the liberty granted by this Court no fresh order could have been passed.
In view of the aforesaid facts and circumstances of the case, we do not consider it appropriate in any way review or modify the earlier order passed by us.
Review application is rejected.
Order Date :- 27.4.2018 Israr