Gopal Pandit v. The Indian Bank And ORS.

29.04.2025 Item No. 41 Crt.No.02 b.r.

WPA 7784 of 2025 Sri Gopal Pandit -vsThe Indian Bank & Ors.

Mr. Bishwambhar Jha Mr. Harshwardhan Kumar Jha .... For the petitioner.

Mr. Rudra Jyoti Bhattacharyya Ms. Debjani Ghosal ..... for the Indian Bank.

Affidavit of service is already on record.

Mr. Bishwambhar Jha, learned advocate with Mr. Harshwardhan Kumar Jha, learned advocate appears, for the petitioner.

Mr. Rudra Jyoti Bhattacharyya, learned counsel with Ms. Debjani Ghosal, learned advocate appears for the Respondents/Bank.

The petitioner submits that he has suffered an order of dismissal dated March 30, 2024. The petitioner has preferred a departmental appeal before the jurisdictional Appellate Authority, annexure p-9 at page 422 to the writ petition. The same is pending.

In view of the above, the respondent no.3 being the jurisdictional Appellate Authority is directed to dispose of the pending appeal after affording an opportunity of hearing to the parties thereto and by passing a reasoned order in accordance with law. The Appellate Authority shall issue a prior notice of hearing of at least seven days upon the parties to the appeal and then shall commence the hearing.

The entire exercise shall be carried out and completed by the respondent no.3 positively within a period of forty five days from the date of communication of this order.

The petitioner then shall collect the reasoned order from the office of the Appellate Authority in usual course of business.

It is made clear that this Court has not gone into the merits of the rival claims of the parties and the parties shall be at liberty to urge whatever points they wish to urge before the Appellate Authority but the same shall not travel beyond the scope of the pending appeal. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 7784 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)