IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.397 OF 2010 (Arising out of S.L.P. (C) No.21235 of 2009)

Chairman of Board of Directors,  Kalinga Gramya Bank                     ...Appellant(s)

Versus

Duryodhan Lenka                            ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel on both sides.

The  only  ground  on  which  the  order  of  the  

Disciplinary  Authority,  confirmed  by  the  Chairman  in  

appeal,  stood  set  aside  by  the  High  Court  was  on  the  

ground that the order passed by the Disciplinary Authority  

was an ex-parte order.  In the facts and circumstances of  

this case, we are of the view that ends of justice would  

be  subserved  if  the  High  Court  decides  Writ  Petition  

No.13239 of 2003 on merits.  For the afore-stated reasons,  

we set aside the impugned order and remit the matter to  

the High Court for  de novo consideration on merits.  We  

request the  High Court to  expeditiously hear and dispose

...2/-

- 2 -  

of the said writ petition, preferably within four months  

from today.  We make it clear that we are not expressing  

any opinion on the merits of the case.  We also keep all  

contentions on both sides expressly open.

Accordingly, the civil appeal stands disposed of  

with no order as to costs.

......................J.            [S.H. KAPADIA]

......................J.            [SWATANTER KUMAR]

New Delhi, January 15, 2010.