IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.974 of 1996 PUNJAB NATIONAL BANK through the Zonal Manager, Zonal Office, Chankya Place, R- Block, Police Station, Kotwali Town & District Patna Versus BISHWAMBHAR JHA son of late Nageshwar Jha Resident of village Murlichak, Police Station, Benipatti (New Bishphi), District Madhubani ----------- 4 10-02-2009 Heard learned counsel for the appellant. Nobody appears on behalf of the respondent although Vakalatnama on his behalf has been filed and name of counsel is appearing in the daily cause list. A limitation petition has been filed explaining the reasons for delay in preferring this appeal. It has been submitted that for identical reason respondent was also prevented from preferring an appeal against the impugned judgement and order of the writ court and the reason for delay is thus admitted by the respondent also in LPA no. 874/1996 which has been subsequently withdrawn on 14.3.2001 on the ground that respondent has reached some understanding with the appellant Bank. In the aforesaid facts and circumstances and considering the averments made in the limitation petition the delay in preferring the appeal is condoned. The appellant Bank is aggrieved by that part of the impugned judgement of the writ court whereby annexures 14 and 15 have been quashed on the ground that before the Bank decided to withhold full salary for the period of suspension and decided not to count the service under suspension as service on duty, no opportunity of hearing was granted to the writ petitioner-respondent herein. On going through the judgement and order under appeal and - 2 - other relevant facts, We are of the view that no interference is required with the impugned part of the order passed by the writ court. However, since the orders contained in annexures 14 and 15 have been quashed on the ground that they were issued in violation of principle of natural justice, liberty is granted to the Bank that if there is still necessity and the Bank deems it proper then it may proceed afresh in the matter covered by annexures 14 and 15 and may take afresh decision but only after affording opportunity of hearing to the respondent. The appeal is disposed of. BKS/ (Shiva Kirti Singh,J.) (J. N. Singh, J.)