The appellate order should conform to the relevant regulations and be reasoned and speaking, as emphasized in relevant judgments.

Rajiv Sharma, J.—Mr. P.C. Sharma after arguing the matter for some time has prayed that he is confining his challenge to the appellate order (Annexure P-9), dated 31st July, 2002. Mr. P.C. Sharma submits that against the major penalty of dismissal imposed upon the petitioner by the disciplinary authority, he had preferred appeal to the appellate authority as per Regulation 17 of the Union Bank of India Officer Employees (Conduct) Regulations, 1976 (hereinafter referred to as the "Regulations"). The petitioner has not placed on record the copy of appeal, but has produced the same for perusal of this Court during the course of arguments.

2. Mr. P.C. Sharma has contended that the appellate order dated 31st July, 2002 is neither reasoned nor speaking. Mr. Sharma further contended that as per Regulation 17 of the Union Bank of India every ground taken in the appeal was to be considered and thereafter reasoned order was required to be passed.

3. Mr. N.K. Sood, learned Counsel appearing on behalf of the Bank- respondent has vehemently contended that the appellate order dated 31st July, 2002 is in accordance with law and may not be inter ferred by this Court.

4. Regulation 17 of the Union Bank of India Officer Employees (Conduct) Regulations, 1976 is reproduced below for better appreciation of the submission made by Mr. P.C. Sharma:— "17. Appeals: (i) An Officer Employee may appeal against an order imposing upon him any of the penalties specified in Regulation 4 or against the order of suspension referred to in Regulation 12. The appeal shall lie to the Appellate Authority. (ii) An appeal shall be preferred within 45 days from the date of receipt of the order appealed against. The appeal shall be addressed to the Appellate Authority and submitted to the authority whose order is appealed against. The authority whose order is appealed against shall forward the appeal together with its comments and the records of the case to the Appellate Authority. The Appellate Authority shall consider whether the findings are justified or whether the penalty is excessive or inadequate and pass appropriate orders. The Appellate Authority may pass an order confirming, enhancing, reducing or setting aside the penalty or remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case Provided that— (i) if the enhanced penalty which the Appellate Authority proposes to impose is a major penalty specified in clauses (f), (h), (i) and (j) of Regulation 4 and the inquiry as provided in Regulation 6 has not already been held in the case, the Appellate Authority shall direct that such an enquiry be held in accordance with the provisions of Regulation 6 and thereafter consider the record of the inquiry and pass such orders as it may deem proper; (ii) if the Appellate Authority decides to enhance the punishment but an enquiry has already been held as provided in Regulation 6, the Appellate Authority shall give a show-cause notice to the Officer Employee as to why the enhanced penalty should not be imposed upon him and shall pass final order after taking into account the representation, if any, submitted by the Officer Employee."

5. I have gone through the grounds of the appeal as produced by Mr. P.C. Sharma and the appellate order dated 31st July, 2002. I am of the opinion that the order dated 31st July, 2002 does not conform to Regulation 17 of the Union Bank of India as reproduced above. Honble Supreme Court in R.P. Behal v. Union of India, 1986 (2) SCC 654, had the occasion to explain the term consider while dealing with the appellate order passed by the appellate authority in disciplinary proceedings. Your Lordships of Honble Supreme Court has held as under:— "4. The word consider in Rule 27(2) implies due application of mind. It is clear upon the term of Rule 27(2) that the Appellate Authority is required to consider (1) whether the procedure laid down in the