HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- WRIT - A No. - 5041 of 2003 Petitioner :- Vishnu Kumar Gupta Respondent :- Hindon Gramin Bank & Others Petitioner Counsel :- Yogesh Agarwal,Y.Saxena Respondent Counsel :- S.C.,K L Grover,R.N.Singh,Ramesh Singh,Ravindrasingh Hon'ble Sunil Ambwani,J.
Hon'ble Kashi Nath Pandey,J.
Order on Review Application No. 273548 of 2011 We have heard Shri Yogesh Agarwal, learned counsel for the petitioner. Shri R.N. Singh appears for the respondent-bank.
By judgment dated 12.8.2011 in Writ Petition No. 5041 of 2003 (Vishnu Kumar Gupta vs. Hindon Gramin Bank & ors) we had dismissed the writ petition challenging the order of the Disciplinary Authority of the Bank punishing the petitioner after a departmental enquiry with order of removal from service and the order by which the appeal was dismissed by the Board of Directors of the Bank.
Shri Yogesh Agarwal submits that there is an error in paragraph-16 of the judgment inasmuch as the enquiry report was annexed with the writ petition at page 336.
It is true that the enquiry report is annexed with the petition but that does not affect the reasons and conclusions drawn in the judgment as the enquiry report was made available at the time of argument, read out and was considered by us.
The ground, that the appellate authority did not apply its mind and did not record any satisfaction that the findings of the Disciplinary Authority and penalty are justified, was considered by us. We have observed in the judgment that where the Appellate Authority agrees with the reasoning given by the disciplinary authority, no separate and elaborate reasons are required to be given. Further we did not find that the Board of Directors committed any illegality in not recording its independent consideration inasmuch as on the findings recorded by the enquiry officer, the punishment of removal from service was justified.
All the grounds taken in the review application were considered by us in our judgment.
The review petition has no merits and is accordingly rejected.
Order Date :- 15.11.2011 RKP