2010 INSC 0084
                                    SUPREME COURT OF INDIA

                                  Chairman of Board of Dir.K.G.Bank

                                                      Vs.

                                             Duryodhan Lenka

                                            C.A.No.397 of 2010

                                (S.H. Kapadia and Swatanter Kumar JJ.)

                                                 15.01.2010

                                                   ORDER

1. Leave granted.

2. Heard learned counsel on both sides.

3. The only ground on which the order of the Disciplinary Authority, confirmed by the
Chairman in appeal, stood set aside by the High Court was on the ground that the order
passed by the Disciplinary Authority was an ex-parte order. In the facts and circumstances of
this case, we are of the view that ends of justice would be subserved if the High Court
decides Writ Petition No.13239 of 2003 on merits. For the afore-stated reasons, we set aside
the impugned order and remit the matter to the High Court for de novo consideration on
merits. We request the High Court to expeditiously hear and dispose of the said writ petition,
preferably within four months from today. We make it clear that we are not expressing any
opinion on the merits of the case. We also keep all contentions on both sides expressly open.

4. Accordingly, the civil appeal stands disposed of with no order as to costs.

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