IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12274 of 2009 PARMANAND CHOUDHARY, SON OF LATE CHANDRADEO CHOUDHARY, RESIDENT OF MOHALLA- MANIK SARKAR CHOWK, GHAT ROAD LANE-3, P.S.- ADAMPUR, DISTRICT- BHAGALPUR :---PETITIONER . Versus 1. THE BIHAR KSHETRIYA GRAMIN BANK, THROUGH ITS CHAIRMAN, BHAGAT SINGH CHOWK, MUNGER . 2. THE CHAIRMAN-CUM-DISCIPLINARY AUTHORITY, BIHAR KSHETRIYA GRAMIN BANK, BHAGAT SINGH CHOWK, MUNGER. 3. THE BOARD OF DIRECTORS-CUM-APPELLATE AUTHORITY, BIHAR KSHETRIYA GRAMIN BANK, BHAGAT SINGH CHOWK, MUNGER. 4. THE GENERAL MANAGER, BIHAR KSHETRIYA GRAMIN BANK, BHAGAT SINGH CHOWK, MUNGER ----------- 3. 13.07.2010. Heard learned counsel for the petitioner and the counsel for the Bihar Kshetriya Gramin Bank (hereinafter referred to as the “Bank”). 2. Petitioner is aggrieved by the punishment order dated 17.11.2008 passed by the Chairman/disciplinary authority contained in Annexure-3 to this application. He is also aggrieved by the order dated 19.3.2009 passed by the Chairman of the Bank, Annexure-4, whereunder his appeal against the order of punishment dated 17.11.2008 has not been placed before the appellate authority as the same was time barred. 3. The appeal preferred by the petitioner against the punishment order dated 17.11.2008, Annexure-3 may have been time barred but ought to have been placed before the appellate authority for being considered as it is well known that the appellate authority has powers to condone the delay in filing the appeal. Chairman, not the appellate authority, by the impugned order dated 19.3.2009, Annexure-4 has refused to place the memo of appeal before the appellate authority. In the circumstances, the order dated 19.3.2009, Annexure-4 tantamounts to usurping the jurisdiction of the appellate authority. Accordingly, order dated 19.3.2009, Annexure-4 is set aside with direction to the Chairman to place the appeal of the petitioner before the Board of Directors, the appellate authority. The Board should consider the same and pass appropriate orders in accordance with law taking into account the circumstances on which the petitioner is relying to condone the delay in filing the appeal. The Chairman is directed to place the appeal of the petitioner before the Board of Directors within a reasonable time and in any case within two months from the date of receipt/production of a copy of this order before the Chairman. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)