IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15714 of 2005 SURESH PASWAN Versus THE CHAIRMAN,VAISHALI KSHETRIYA GRAMIN BANK & ORS ----------- 03 29/07/2008 One of the primary submissions made by the learned counsel appearing on behalf of the petitioner against the order of punishment affirmed in appeal contained in annexure-5 is that the two orders contained in annexure-3 as well as annexure-5 have been issued by the same authority who also happens to be the disciplinary authority. If it is so then the order passed in appeal is no order in the eye of law. Though on the face of it, it seems so but it is not so. In the counter affidavit which has been filed on behalf of the respondents coupled with what has been stated in annexure-5, it emerges that the order contained in annexure-5 was only communicated by Shri R N Jha, Chairman, to the petitioner. The appeal of the petitioner was considered by a specially constituted committee of three persons. The committee gave its report and thereafter the Board of Directors considering all the materials on record have decided to affirm the punishment. It has also been further stated in the counter affidavit specially in para 16 that the Chairman had only conveyed the decision and was not part of decision making process when the Board of Directors considered the issue. In view of the above stated factual position the Court does not find any illegality to interfere with the appellate order. The writ application is dismissed. rkp (Ajay Kumar Tripathi, J) - 2 -