Dimple Gupta v. Jain Cooperative Bank Limited & Anr.

Delhi High Court · 25 May 2018 · 2018:DHC:3497
Sunil Gaur
W.P.(C) 5679/2018
2018:DHC:3497
labor petition_dismissed

AI Summary

The Delhi High Court declined to interfere with a dismissal order pending internal appeal, directing the employer to decide the appeal expeditiously with an opportunity of hearing.

Full Text
Translation output
W.P.(C) 5679/2018
HIGH COURT OF DELHI
Date of Order: May 25, 2018
W.P.(C) 5679/2018 & CM Nos. 22111-12/2018
MS. DIMPLE GUPTA .....Petitioner
Through: Mr. Rakesh Kumar Singh, Advocate
VERSUS
JAIN COOPERATIVE BANK LIMITED & ANR. .....Respondents
Through: Mr. Saugata Ganguly and Mr. Rukban Tyagi, Advocate for R-1
Mr. K S Parihar and Mr. H S Parihar, Advocates for R-2
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Upon conclusion of disciplinary proceedings, penalty of dismissal from service has been inflicted upon petitioner vide order of 30th June, 2017, which according to counsel for respondent-Bank is subjudiced in appeal. This Court is apprised that this appeal has to be considered and decided by the Board of Directors of the respondent-Bank.
Since the appeal is pending, therefore, this Court is not inclined to entertain this petition.
At this stage, petitioner’s counsel submits that instead of inviting a decision on the pending appeal, a fresh appeal would be filed within two
2018:DHC:3497
W.P.(C) 5679/2018 weeks. If it is so done, then the competent authority/Board of Directors of the respondent-Bank shall consider the said appeal in light of the applicable Rules and Regulations and provide an opportunity of hearing to petitioner, if permissible and to decide the said appeal by way of a speaking order within a period of twelve weeks from today and the fate of the said appeal be conveyed to petitioner within two weeks thereafter, so that petitioner may avail of the remedies, as available in law.
With the aforesaid directions, this petition and the applications are accordingly disposed of.
Copy of this order be give dasti to counsels for petitioner and respondent-Bank.
(SUNIL GAUR)
JUDGE
MAY 25, 2018 p 2018:DHC:3497
JUDGMENT