Board Dir. K. G. Bank & Ors Vs. Duryodhan Lenka  INSC 109 (15 January
APPELLATE JURISDICTION CIVIL APPEAL NO.397 OF 2010 (Arising out of S.L.P. (C)
No.21235 of 2009) Chairman of Board of Directors, Kalinga Gramya Bank
...Appellant(s) Versus Duryodhan Lenka ...Respondent(s)
O R D E R
learned counsel on both sides.
ground on which the order of the Disciplinary Authority, confirmed by the
Chairman in appeal, stood set aside by the High Court was on the ground that
the order passed by the Disciplinary Authority was an ex-parte order. In the
facts and circumstances of this case, we are of the view that ends of justice
would be subserved if the High Court decides Writ Petition No.13239 of 2003 on
merits. For the afore-stated reasons, we set aside the impugned order and remit
the matter to the High Court for de novo consideration on merits. We request
the High Court to expeditiously hear and dispose ...2/- - 2 - of the said writ
petition, preferably within four months from today. We make it clear that we
are not expressing any opinion on the merits of the case. We also keep all
contentions on both sides expressly open.
the civil appeal stands disposed of with no order as to costs.
......................J. [S.H. KAPADIA]
......................J. [SWATANTER KUMAR]
January 15, 2010.