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Neutral Citation No. - 2025:AHC:143548 Court No. - 5 Case :- WRIT - A No. - 5056 of 2025 Petitioner :- Ravi Prakash Respondent :- Indian Bank And 3 Others Counsel for Petitioner :- Daya Shankar Singh,Deependra Singh,Devansh Misra Counsel for Respondent :- Pashupati Nath Tripathi Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Devansh Misra, learned counsel for petitioner and Sri Pashupati Nath Tripathi, learned counsel for respondents.
2. Learned counsel for petitioner fairly submits that appeal filed before the Appellate Authority was not well drafted and specific grounds taken in this writ petition in paragraph No.19 was not taken herein and prays that in the interest of justice, an opportunity may be granted to petitioner to file a fresh appeal so that Appellate Authority may look into the matter and on basis of records considered the referred assertion. For reference paragraph No.19 of writ petition is reproduced hereinafter :-
"That the enquiry report dated 06.12.2023 as well as the order passed by the disciplinary authority imposing major penalty of compulsory retirement was simultaneously served upon the Petitioner on 19.01.2024 in respect of which an e-mail was sent by the Petitioner on 05.02.2024 acknowledging receipt of the ex-parte order dated 19.01.2024 and proposing to file an appeal against the same before the appellate authority. A copy of the e-mail dated 05.02.2024 acknowledging receipt of the ex-parte order dated 19.01.2024 is enclosed."
3. Learned counsel for respondents has not opposed the aforesaid submissions.
4. I have considered the above submissions. In the interest of justice and taking note of averments made in paragraph No.19 that in the event if its corrected, it would go to the root of case, therefore, an opportunity is granted to petitioner to file a fresh appeal, taking the specific grounds on fact as well as on law, if so advised and in case, an appeal is filed within period of two weeks, the same will be considered in accordance with law, taking note of records and grounds and reasoned order be passed within six weeks thereafter.
5. In the aforesaid circumstances, the impugned order passed by Appellate Authority dated 27.05.2024 as well as order passed
on review application dated 05.02.2025 is set aside.
6. Accordingly, writ petition is disposed of with aforesaid liberty and direction. Order Date :- 21.8.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad