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2014 DIGILAW 364 (ALL)

M. D. , U. P. Cooperative Bank Ltd. v. State of U. P.

2014-01-31

D.Y.CHANDRACHUD, DILIP GUPTA

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JUDGMENT Dilip Gupta,J. This special appeal arises from a judgment of the learned Single dated 12 December 2013 in Writ - A No. 31183 of 1997 filed by respondent no.2. By the said judgment, an order of termination passed on 11 June 1997 by the Managing Director of the U.P. Cooperative Bank Limited, Lucknow against respondent no.2, who was a Cashier, has been set aside and a direction of reinstatement with full back wages has been issued. 2. It is common ground that when the writ petition filed by the second respondent came up before the learned Single Judge, the learned counsel appearing on behalf of the Bank Shri B.P. Singh was unable to remain present. 3. Having regard to the aforesaid factual position, it has been agreed before the Court on behalf of the appellant and the contesting third respondent that the impugned judgment and order of the learned Single Judge dated 12 December 2013 may be set aside and Writ - A No. 31183 of 1997 may be restored to the file of the learned Single Judge for disposal afresh without recording any opinion on the merits of the rival contentions. Consequently, we set aside the impugned judgment and order dated 12 December 2013 and restore Writ - A No. 31183 of 1997 to the file of the learned Single Judge for disposal afresh. 4. We clarify that we have not expressed any opinion on the merits of the rival contentions which are kept open to be decided by the learned Single Judge. 5. Since the petition is of 1997, the learned Single Judge is requested to take up the petition for expeditious disposal, subject to the exigency of the board. 6. The appeal is, accordingly, disposed of.