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2012 DIGILAW 443 (MP)

Devendra Singh v. Jhabua Dhar Kshetriya Grameen Bank

2012-04-25

S.C.SHARMA, SHANTANU KEMKAR

body2012
JUDGMENT 1. Heard on I.A. No.167 of 2012 and also on merits. 2. This intra-court appeal under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, is filed against the order dated 4.7.2011 passed by learned Single Judge of this Court in W.P. No. 506/2003 (S). 3. The appeal has been filed beyond 140 days of the period of limitation prescribed for the same. On going through the application seeking condonation of delay, we find that the delay has not been satisfactorily explained and the same cannot be condoned in the absence of any sufficient reason for not filing the appeal within time. However we have also examined the matter on merits. 4. The appellant herein had filed the aforesaid writ petition challenging the order of dismissal passed against him on 10.3.2003 as also against the appellate order dated 17.5.2003 by which his appeal against the dismissal order was rejected by the appellate authority. The allegations against the petitioner was of misappropriation of the money of the respondent Bank. After issuing charge sheet and holding enquiry the charges were found to be proved. 5. The learned Single Judge after examining the matter in detail has found that the finding recorded in the departmental enquiry are proper. The punishment of dismissal was proportionate to the charges levelled and in the circumstances, he did not feel it proper to make any interference in the matter. 6. Having gone through the order passed by the learned Single Judge, we find ourselves in complete agreement with the view taken by the learned Single Judge. 7. Accordingly, on the ground of delay as also on merits the appeal deserves to be and is hereby dismissed.