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Supreme Court Of India
K.G. BALAKRISHNAN AND TARUN CHATTERJEE, JJ.
D.P. CO-OP. LAND DEVELOPMENT BANK LTD. - Petitioner
Versus
BHAGWAT PRASAD AND OTHERS - Respondents
SLP (C) No. 17655 of 2003,
Decided on February 18, 2005
Constitution of India, 1950, Article 136 - Civil Procedure Code, 1908, Section 35 - Supreme Court Rules, 1966, Order 41, Rule 1 - Order without hearing- Allegation of appellant that writ petition disposed of by High Court without hearing it -The order showed that the petitioner's counsel alone was heard- Matter relates to the disciplinary proceedings in respect of the respondents- Therefore impugned order set aside-Appeal restored to the High Court for fresh disposal. [Paras 2, 4 and 5 ]
ORDER
1. Heard the petitioners counsel and the counsel for the respondents.
Counsel for the petitioner submits that the High Court disposed of the matter without hearing the petitioners counsel. This fact is denied by the counsel for the respondents. However, the impugned order shows that the petitioners counsel alone was heard. Counsel for the petitioner Bank was changed but the name of the new counsel was not found in the list because of some mistake which has crept in.
2. This matter relates to the disciplinary proceedings in respect of the respondents. Having regard to the facts and circumstances of the case, we set aside the impugned order passed by the High Court. The writ petition filed before the High Court would stand restored to the file and shall be considered afresh by the High Court. We request the High Court to dispose of the matter afresh in accordance with law. The counsel for the petitioner is directed to pay costs of Rs 10,000 to the respondents counsel within four weeks from today. Accordingly, the SLP is disposed of.
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