Subhash Joshi vs Chairman And Managing Director
2023 Latest Caselaw 7446 MP

                                                      1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                   BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK RUSIA
                                             ON THE 8 th OF MAY, 2023
                                          WRIT PETITION No. 4061 of 2023

                         BETWEEN:-
                         SUBHASH JOSHI S/O LATE SHRI VINAYAKRAO JI JOSHI,
                         AGED ABOUT 77 YEARS, OCCUPATION: EX JOINT
                         MANAGER BANK OF BARODA R/O A-304 SPACE PARK
                         MAHALAXMI NAGAR INDORE (MADHYA PRADESH)

                                                                               .....PETITIONER
                         (BY SHASHANK PATWARI, LEARNED COUNSEL FOR THE PETITIONER.)

                         AND
                         1.    CHAIRMAN   AND    MANAGING  DIRECTOR
                               CENTRAL OFFICE OF THE BANK OF BARODA
                               BARODA CORPORATE CENTRE C-26 G BLOCK
                               BANDRA KURLA COMPLEX EAST MUMBAI
                               (MAHARASHTRA)

                         2.    GENERAL MANAGER HUMAN RESOURCES
                               D EPARTM EN T BANK OF BARODA, MANDVI
                               BARODA (GUJARAT)

                         3.    GENERAL MANAGER BANK OF BARODA ZONAL
                               OFFICE (M.P. AND C.G. ) PLOT NO. 202, GANGA
                               JAMUNA COMPLEX. MAARANA PRATAP NAGAR
                               BHOPAL (MADHYA PRADESH)

                         4.    DEPUTY GENERAL MANAGER INDORE REGION
                               BANK OF BARODA, REGIONAL OFFICE, PLOT NO.
                               12, R.C. FIRST FLOOR SCH. NO. 134, NIPANIYA
                               INDORE (MADHYA PRADESH)

                         5.    ASSISTANT GENERAL MANAGER, BANK OF
                               BARODA, INDUSTRIAL BRANCH 16/1, SNEHLATA
                               GANJ INDORE (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                         (BY SHRI DILIP SINGH PANWAR, LEARNED COUNSEL FOR THE
                         RESPONDENT [R-4].
Signature Not Verified
Signed by: PRAVEEN
Signing time: 09-05-
2023 17:50:52
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                                T h is petition coming on for orders this day, t h e cou rt passed the
                         following:
                                                               ORDER

(1) Petitioner has filed the present petition seeking direction to the respondents to consider application filed for review of order of termination as well as dismissal of appeal on account of subsequent development. According to the petitioner, apart from departmental enquiry, he was tried under Section 409, 420, 465, 467 and 471 of IPC and vide judgment dated 31.03.2016, he had been acquitted in one criminal case. Thereafter, he had also been acquitted vide judgment dated 28.02.2022 in another case for the same offence. Now, he has filed review petition seeking recalling of order of termination, which is pending

before the competent authority for consideration. Hence, this petition before this Court.

(2) Shri Pawar,learned counsel for appearing on behalf of Bank submits that the order of termination was passed way back, if the review is filed within a period of six months from the date of order that it can be considered on merit.

(3) Admittedly, review petition has been filed only after acquittal in criminal cases, therefore, petitioner is directed to file an application for condonation of delay before the authority.

(4) With above observation, writ petition is disposed of by directing the respondents to decide the application for condonation of delay and review petition in accordance with law by giving an opportunity of personal hearing to the petitioner.

Certified copy as per rules.

Signature Not Verified Signed by: PRAVEEN Signing time: 09-05-

2023 17:50:52

(VIVEK RUSIA) JUDGE Praveen

Signature Not Verified Signed by: PRAVEEN Signing time: 09-05-

2023 17:50:52