S. RATS AHMAD JAFRI, (Member).--Heard the learned counsel for the appellant. From the perusal of the impugned order it appears that the learned counsel appearing before the learned Chairman had prayed that the management be directed to hold an enquiry before taking any decision against the petitioner. The learned Chairman in his finding has observed that there is no proper basis at this stage to presume that the management shall not follow the requirement of the relevant rules for they should know that if the action, they will ultimately take, suffers from material irregularity by way of breach of non-observance of the relevant rules, the same will be liable to interference.
2. From further perusal of the impugned order it appears that it was also urged by the learned counsel before the learned Chairman that the departmental proceedings may be stayed. The finding of the learned Chairman is as under:-- ---There is also no reason to justify the stay of the departmental proceedings itself because the charge-sheet involves specific allegations of fact which needs to be enquired into, which enquiry has at this stage to be made by the Departmental Authorities.---
3. The learned counsel for the appellant have not been able to produce any reasonable ground to interfere with the impugned order. We, therefore, dismiss the appeal in limine.
4. The learned counsel for the appellant have also moved a miscellaneous application praying that the respondents may be prohibited from passing any adverse order against the appellant, till the final decision of the present appeal, we find that appellant Shabbir Ahmed B has been charge- sheeted for pushing Vice-President of the Bank from the stairs and also for persuading his colleagues to beat him. As a result of this instigation, the Vice-President was beaten. Under the circumstances, we are not inclined to grant the stay order. Moreover, as the appeal has been dismissed in limine, this application has become infructuous and is also dismissed.