UTTAR BIHAR GRAMIN BANK Vs. RAMENDRA PRASAD GAURO

JUDGEMENT

(1.) The present appeal has been filed against the order dtd. 4/4/2018, passed in 17012 of 2014, whereby and whereunder the order dtd. 12/1/2013, passed by the Chief Manager, Uttar Bihar Gramin Bank, Muzaffarpur, by which the writ petitioner has been imposed with the punishment of dismissal from service, as also the appellate order dtd. 4/3/2014 have been quashed, with a further direction to the appellants herein to reinstate the petitioner in service with all consequential benefits and 50% back wages, however liberty has been granted to the disciplinary authority to proceed afresh.

(2.) The learned Senior counsel for the appellants Sri Ajay Kr. Sinha, at the outset, has submitted that since the matter has been remanded back to the disciplinary authority to consider the inquiry report as well as the reply of the petitioner against the findings of the Inquiry Officer and to pass a fresh order, the appellants are not assailing that portion of the impugned order dtd. 4/4/2018 whereby and whereunder the punishment Order has been quashed, however the appellants are only aggrieved with that part of the impugned order by which the writ petitioner-respondent herein has been granted 50% back wages. In this connection, the learned Senior counsel for the respondent has referred to a judgment rendered by the Hon'ble Apex Court in the case of ECIL, Hyderabad and others v. B. Karunakar and others reported in (1993) 4 SCC 727. It would be apt to refer to paragraphs no. 30(v) and 31 of the said judgment herein below :-

(3.) Per contra, the learned counsel appearing for the respondent has also referred to certain judgments which are being referred to along-with their relevant paragraphs herein below :-