IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4439 of 2010 1. BINOD KUMAR SRIVASTAVA@BINOD KR. SHRIVASTAV S/O RAMDHARI PRASAD SRIVASTAVA R/O VILLAGE - HIRANCHI , P.O - KINGERPATTI, P.S - KUSHI NAGAR , DISTRICT - KUSHI NAGAR (U.P) Versus 1. UTTAR BIHAR GRAMIN BANK HEAD OFFICE, KALAM BAGH CHOWK , MUZAFFARPUR THROUGH ITS GENERAL MANAGER 2. THE GENERAL MANAGER CUM DISCIPLINARY AUTHORITY UTTAR BIHAR GRAMIN BANK HEAD OFFICE, KALAM BAGH CHOWK , MUZAFFARPUR . 3. SRI MANI BHUSHAN PRASAD BRANCH MANAGER , UTTAR BIHAR GRAMIN BANK , RAXAUL CUM ENQUIRY OFFICER 4. SRI RAM VINOD RAI, OFFICER MOTIHARI BRANCH CUM PRESENTING OFFICER, MOTIHARI. ----------- For the Petitioner :M/s Shailesh Kumar & Zainul Abedin, Advocates For the Bank :Mr. Prabhakar Jha, Advocate 02/ 25.03.2010 Heard learned counsel for the parties. 2. It appears, petitioner, who served as Clerk-cum- Cashier at Lauria Branch of the Uttar Bihar Gramin Bank, Muzaffarpur (hereinafter referred to as the Bank), has been dismissed from the service under orders dated 30.5.2009, passed by the Disciplinary Authority and communicated to the petitioner under Memo dated 30.5.2009, Annexure-8 to this application, against which there lies an appeal before the Chairman of the Bank. 3. Accordingly, the writ application is disposed of with liberty to the petitioner to file appeal against the order dated 30.5.2009, Annexure-8, which should be considered and disposed of by the appellate authority in accordance with law. In case limitation has set in, the appellate authority should condone the delay in filing the appeal. Before hearing of the appeal, the 2 appellate authority may consider the desirability of granting opportunity of being heard to the petitioner. Arjun/ ( V.N. Sinha, J.)