Shivandhar Dubey vs Bank Of Baroda And 2 Others
2023 Latest Caselaw 12406 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- SPECIAL APPEAL No. - 1268 of 2019
 

 
Appellant :- Shivandhar Dubey
 
Respondent :- Bank Of Baroda And 2 Others
 
Counsel for Appellant :- Devendra Vikram Singh
 
Counsel for Respondent :- Uday Pratap Singh
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Rajendra Kumar-IV,J.

1. Heard Mr. Devendra Vikram Singh, learned counsel for the appellant, Mr. Uday Pratap Singh, learned counsel for the respondents and perused the record.

2. This intra-court appeal is directed against the judgment and order dated 13.11.2019 passed by the learned Single Judge in writ petition i.e. WRIT - A No.28372 of 2003 (Shivandhar Dubey Vs. Bank of Baroda and Others) whereby the writ petition filed by the petitioner(appellant herein) assailing the order of punishment dated 28.11.2002 removing him from the services of the Bank was dismissed.

3. Learned Single Judge has meticulously noted in the impugned order that procedure as prescribed under the Rules was duly followed, the appellant was given an opportunity to defend and cross-examine the witnesses produced by the Bank in support of the charge. The Bank had produced several witnesses, including, the Doctor. The allegations against the appellant was that he had used unparliamentary language and attempted to assault the officer of the Bank. It is further noted in the enquiry report that earlier too, disciplinary proceeding was initiated against the appellant for his riotous, disorderly and indecent behavior. The appellant came to be punished in the earlier disciplinary proceeding.

4. On an specific query, learned counsel for the appellant is unable to show any legality or perversity in the impugned order.

5. We are unable to persuade ourselves in taking a different opinion from that of the learned Single Judge.

6. Accordingly, instant appeal being devoid of merit is hereby dismissed.

Order Date :- 21.4.2023/Sachin