Karnataka

StateCommission

A/317/2020

Karnataka Telecom Employees Co-operative Society - Complainant(s)

Versus

Suryaprakash - Opp.Party(s)

D.S.Lokesh

09 Mar 2022

ORDER

A.No.317/2020

09/03/2022

O R D E R

BY MR. K.B. SANGANNAVAR, JUDICIAL MEMBER

Having heard Learned Counsel for appellant and respondent and upon examination of the appeal records in particular the impugned order passed by forum below dated 22.05.2020 in E.P.141/2018 since forum below on 25.02.2020 obtained surety bond from Jdr. and thereby recalled NBW issued against Jdr. and adjourned the matter to 29.02.2020 and on 29.02.2020 as Jdr. remained absent, since exemption application is not filed, the bond executed by Jdr. and surety being forfeited.  Accordingly, ordered to issue NBW against Jdr. and ordered show-cause notice to surety returnable by 04.04.2020 which cannot be said a final order passed by forum below can be appealed under Section 27 A of CPA 1986.  However, the forum below in our view committed wrong in forfeiting the bond at once instead of issuance of show cause-notice to surety and jdr. why such bond should not be forfeited for violation of conditions.  With this observation this appeal stands disposed of with a direction to forum below to issue show cause notice to surety and jdr. in this regard and to dispose of the EP in accordance with law affording opportunity to decree holder and Jdr. 

 

Member                          Judicial Member